1145PC22Q0056 Combined Synopsis-Solicitation.pdf

PEACE CORPS

Teaching English as a Foreign Language (TEFL) Certification

Date: June 24, 2022 Subject: Request for Quote (RFQ): 1145PC22Q0056

The Peace Corps in Washington, DC is accepting quotes for the subject RFQ. This acquisition is conducted utilizing, and is being issued under NAICS code 611710.

Request for Quote (RFQ), 1145PC22Q0056, Teaching English as a Foreign Language (TEFL) Certification

This Combined Synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented by FAR Part 13, Simplified Acquisition Procedures and with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will be not issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 effective 05/26/2022.

This is a 100% Small Business Set-Aaside and the associated NAICS code is 611710 (Educational Support Services) and small business size standard is $21.0 million.

SECTION 1 – PRODUCT, SERVICE, AND DELIVERY INFORMATION

1.1. BACKGROUND

Before the 2020 evacuation due to COVID-19, education was one of Peace Corps’ largest sectors with over 3,000 Volunteers. Teaching English as a Foreign Language (TEFL) was the largest project area within the Education sector, with TEFL projects in as many as 30 countries. The majority of the training is conducted in each host country. Peace Corps often works in rural schools or with marginalized populations that are often not reached by other agencies. The TEFL Certificate program seeks to provide an externally recognized credential adding value to the work of TEFL Volunteers around the globe. Currently, the program is being implemented in 9 posts.

The goals of the TEFL Certificate Program are to:

• Build teaching capacity of host country English teachers

• Increase students’ achievement in English

• Enhance community engagement in school improvement and student learning

These goals are achieved through the TEFL Certificate Program by providing:

• TEFL Volunteers who meet global professional teaching standards

• TEFL Volunteers who feel engaged and confident in their teaching and satisfied with the technical training they have received

• Post TEFL staff that has the qualifications and ongoing professional development to maintain high quality TEFL programming and training

RFQ# 1145PC22Q0056

The TEFL Certificate program, which Peace Corps first introduced in 2014, gives Volunteers

120 hours of English language teacher training and two years of supervised teaching experience in a 30-month training continuum. The Peace Corps TEFL Certificate Program has developed a curriculum of English Language Teaching (ELT) training sessions, standards aligned to this curriculum, rubrics for assessing Volunteer learning, and a teaching observation tool Teaching Proficiency Index (TPI) that evaluates Volunteer teaching competency through observed classroom behaviors at three points during Volunteer service. The Peace Corps TEFL curriculum consists of approximately 75 training sessions and addresses the following teaching competencies1:

• General and English Teaching Knowledge and Skills (emphasizing student-centered teaching)

• Community Relations

• Classroom Management

• Curriculum, Lesson Planning, and Materials Design

• Assessment

• Teaching Practice and Observation

The Peace Corps TEFL Certificate, with its robust training and two years of supervised teaching experience, helps ensures that Returned Peace Corps Volunteers (RPCVs) who have earned the credential will have professional credibility. That credibility is further ensured by an external validating institution that can attest to the Certificate’s continuing rigor.

1.2. SCOPE OF WORK

Peace Corps seeks to award a firm-fixed price (FFP) twelve (12) month contract with four (4) additional twelve (12) month option periods to provide insights and recommendations of a seasoned academic or professional partner (“contractor”) to attest to the degree to which the Peace Corps TEFL program meets the validation criteria of an effective TEFL teacher training program, to advise Peace Corps on how to maintain professional rigor, and to propose any changes necessary for high standards. Such external validation allows Peace Corps to award the TEFL Certificate to Volunteers who have earned it at the completion of service, and while the Certificate is issued by Peace Corps, the contractor’s validation appears on the Certificate that is awarded. The Peace Corps TEFL Certificate programming, training, and evaluation processes will be reviewed at intervals agreed upon by the contractor and Peace Corps to ensure that it continues to meet established standards.

An additional goal of this project is to build awareness among potential employers (such as university intensive English programs, private languages schools, a variety of English language teaching institutions in EFL contexts), and possibly provide partial satisfaction of U.S. K-12 licensure or teacher education program requirements (i.e., course credit or exemption from student teaching requirements) for graduate school or K-12 licensure Teaching English to Speakers of Other Languages (TESOL) programs.

1 These competencies are also referred to as standards.

1.3. PRODUCT SERVICE LIST

QUOTE SHEET

(Pricing based upon PWS Appendix B and Task Milestones Section B.5)

CLIN 0001: Year One: Monthly cost $____________ X 12 = $_________________

CLIN 0002: Option Year One: Monthly cost $____________ X 12 = $_________________

CLIN 0003: Option Year Two: Monthly cost $____________ X 12 = $_________________

CLIN 0004: Option Year Three: Monthly cost $____________ X 12 = $_________________

CLIN 0005: Option Year Four: Monthly cost $____________ X 12 = $_________________

Up To 60 month Contract Value: $______________

1.4. DELIVERY REQUIREMENTS

The principal place of performance is at the vendor’s place of business. Accordingly, reimbursable travel and per diem for the contractor’s employees performing work under this contract is not authorized. FOB point is Destination.

1.5. PERIOD OF PERFORMANCE

The anticipated period of performance (PoP) will be FFP twelve (12) month contract with four (4) additional twelve (12) month option periods:

Base Year: 2022 – 2023 (12 months) Option Year 1: 2023 - 2024 (12 months) Option Year 2: 2024 - 2025 (12 months) Option Year 3: 2025 - 2026 (12 months) Option Year 4: 2026 - 2027 (12 months) Total PoP: 2022 – 2027 (Up to 60 months)

1.6. PERFORMANCE WORK STATEMENT (PWS)

Please refer to Attachment 1: PWS, for Performance Work Statement requirements.

SECTION 2 – CONTRACT ADMINISTRATION

2.1 CONTRACT MANAGEMENT

Contracting Officer:

Maria Anguiano Office of the Chief Financial Officer, (OCFO) Acquisition & Contract Management (ACM) Peace Corps Headquarters 1275 First Street, NE Washington, DC 20526

Contracting Officer Representative (COR) TBD at time of award

Technical Point of Contact TBD at time of award

2.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

2.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR supports and assists the CO in the technical monitoring and administration of this contract. The COR will monitor the Contractor’s technical compliance and progress relative to this contract. Technical direction is defined as direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work. Technical direction must be confined to the general scope of work of the contract and shall not constitute a new assignment, nor supersede or modify any terms or conditions under the contract. Changes to the contract will be in writing and can only be issued by the CO. The COR is NOT authorized to re-delegate his or her authority.

All correspondence concerning technical matters related to this order shall be addressed to the COR with a copy to the CS. COR will be determined prior Contract Award.

2.4 TECHNICAL POINT OF CONTACT (TPOC)

The TPOC may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the Agreement.

The responsibilities and limitations of the TPOC are as follows:

• The TPOC is responsible for the technical aspects of the Contract and serves as technical liaison with the Contractor. The TPOC, or his/her designated alternate is also responsible for the final inspection and acceptance of all task and such other responsibilities as may be specified in the contract.

• The TPOC is not authorized to make any commitments or otherwise obligate the

Government or authorize any changes which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate TPOC(s) to act for the TPOC by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

2.5 INTERPRETATIONS OF MODIFICATIONS

No oral or written statement of any person and no written statement of anyone other than the CO shall modify or otherwise affect the terms and conditions of this contract. Requests for interpretations, modifications or changes must be made in writing to the CO. The technical point of contact/Contracting Officer’s Representative can only respond to technical matters that do not result in a change of scope to this contract.

2.6 INSPECTION & ACCEPTANCE

Inspection and acceptance will be at destination in accordance with FAR clause 52.212-4(a). In accordance with FAR 52.212-4(a), the Government has the right either to reject or to require correction of nonconforming services and/ or supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies or services with or without disposition instructions.

2.7 INVOICE INSTRUCTIONS (APR 2021)

2.7.1 Minimum requirements for a PROPER INVOICE:

• Complete contract number, including task/delivery/call order number (if applicable);

• Name and address of the Contractor;

• Invoice date and invoice number;

• Description of supplies/products/services provided;

• Quantity of services/supplies provided;

• Period of performance covered by the invoice;

• Unit of issue, as specified in the Contract Line Item Number (CLIN), and/or Schedule of services;

• Unit price and extended total, for each CLIN;

• Invoice total;

• Shipping and payment terms, (as applicable);

• Electronic funds transfer (EFT) account/payment information;

• Signature of the Contractor's authorized representative;

• Contractor's Tax Identification Number (TIN); and

• Any other contract-directed requirements.

In the event that an invoice is “improperly” submitted (e.g. incorrect contract/order number, invoice amount, labor categories, contract rates, CLINs, etc.) it will be rejected as an improper invoice and returned to the contractor. Also, an invoice is considered improper if it is received before the product or service is received, inspected and accepted by the COR.

2.7.2 Invoice delivery and formatting

• Invoices shall be in PDF format and forwarded via email to

GAPdomesticinvoice@peacecorps.gov with a copy to the Contracting Officer’s Representative (COR) and/or Technical Point of Contact (TPOC);

• A separate attachment for each invoice is required;

• The invoice size should be standard 8.5’x11’;

• The representative signing the invoice must also print his/her name, direct phone number and email address on the invoice;

• Bill only for one delivery order per invoice;

• Bill for only one option period per invoice;

• Never bill in excess of the contract obligated amount ; and

• Do not bill for state and local taxes unless authorized by law, policy or the CO.

2.7.3 Invoice Certification

Upon receipt of the invoices, the COR and/or TPOC will evaluate the invoices for correctness and appropriateness of the charges and will ensure that chargeable items appearing on the invoices have been received, inspected, and accepted by the Peace Corps. In the event that the Peace Corps discovers any discrepancies in the invoice, the COR and/or TPOC will notify the Contracting mailto:GAPdomesticinvoice@peacecorps.gov

Officer (CO) and the Contracting Officer and COR and/or TPOC will, in addition to following the requirements of the Prompt Payment Act, take steps necessary to resolve the discrepancies with the Contractor.

2.7.4 Invoice Payment

For the purposes of this subsection, “invoice payment” is a Government disbursement of moneys to the Contractor under this contract for products and/or services which are received, inspected, and accepted by the Government. Invoices are payable in accordance with the requirements of the Prompt Payment Act. Payment will be considered as being made on the day of the electronic funds transfer is made. The failure to properly submit invoices may result in a delay in payment.

2.7.4.1 Applicable to time and material and labor hour contracts The following backup information is required as an attachment to the invoice as shown by category of cost:

(1) Direct Labor - Identify the number of hours (by contractor labor category and total) and the total direct labor hours billed for the period of the invoice.

(2) Subcontracts - Identify the major cost elements for each subcontract.

(3) Other Direct Costs - When the cost for an individual cost (e.g., photocopying, material and supplies, telephone usage) exceeds $1,000 per the invoice period, provide a detailed explanation for that cost category.

(4) Indirect Cost Rates - Identify by cost center, the indirect cost rate, the period, and the cost base to which it is applied.

(5) Contractor Acquired Equipment - Identify by item the quantities, unit prices, and total dollars billed.

(6) Contractor Acquired Software - Identify by item the quantities, unit prices, and total dollars billed.

(7) Travel - When travel costs exceed $2,000 per invoice period, identify by trip, the number of travelers, the duration of travel, the point of origin, destination, purpose of trip, transportation by unit price, per diem rates on daily basis and total dollars billed. Detailed reporting is not required for local travel.

Any costs requiring advance consent by the Contracting Officer will be considered improper and will be disallowed, if claimed prior to receipt of Contracting Officer consent.

For questions regarding payments, please send an email inquiry, including the contract number and order number (if applicable), the invoice number, billed amount, due date, and date sent via email to Disbursing@peacecorps.gov

2.7.5 Withholding of Contract Payments

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due, or failure to perform or deliver required services/supplies may result in the withholding of payments under this contract. Payments may be withheld unless such failure arises out of circumstances beyond the Contractor’s control and without fault or negligence on the part of the Contractor, as provided for in the relevant contract clauses. The Peace Corps will promptly notify the Contractor of its intention to withhold payment of any voucher or invoice in full; however, if only a portion(s) of the invoice are being mailto:Disbursing@peacecorps.gov withheld, then the voucher may be processed without notification to the Contractor to prevent delay in payment.

2.7.6 Final Invoice

The Contractor’s final invoice submitted under the contract must be marked as follows: ″THIS

INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE

NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award). Upon receipt of final payment, the contractor agrees to complete a “Release of Liability” within 10 days from date “Release of Liability” is received from the CO.

2.8 CLAUSES AND PEACE CORPS REQUIREMENTS

2.8.1 USE OF PEACE CORPS NAME OR LOGO

The Contractor shall make no publicity announcements or issue other public relations or promotional materials mentioning the Contractor’s connection with Peace Corps without first consulting with the Contracting Officer. Further the Contractor shall not use the Peace Corps name and/or logo in conjunction with, or proximity to, the Contractor’s logo, trademark, trade name or facsimile thereof (co-branding) without the advance written concurrence of the Contracting Officer

2.8.2 RESTRICITION ON ADVERTISING

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Peace Corps, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”

2.8.3 PACKAGING AND MARKING

All hardware shall be prepared for shipment in shipping containers and shipped and marked in accordance with best commercial practice. A packing list identifying the contents of each shipment shall be provided by the vendor with each shipment. A master packing list shall be prepared where more than one shipment is being shipped.

2.8.4 DATA SECURITY REQUIREMENTS

The contractor is responsible for the protection and confidentiality of all Peace Corps technical data and findings. The contractor shall protect the information and information technology resources of the Peace Corps as proprietary to the Peace Corps.

Peace Corps information systems contain sensitive information and contain personal information subject to the Privacy Act of 1974 (PL 93-579 and amendments). It will be the Contractor's responsibility to familiarize and brief employees and subcontractors on the provisions of the Privacy Act. FAR clauses, 52.224-1: "Privacy Act Notification" and 52.224- 2: "Privacy Act", are hereby incorporated by reference.

The confidentiality and disclosure provisions of Title VII of the Civil Rights Act of 1964 and

Title I of the American with Disabilities Act prohibit disclosure of any charge or charge-related information. The contractor shall agree that such information will not be disclosed and will only be used for the performance of their responsibilities under this call order.

Contractor activities providing support to the Peace Corps will operate in accordance with agency policies, manual sections, standard operating procedures, and federal regulations, to include MS 524 IT Security Policies and Procedures, and the Federal Information Security Management Act (FISMA).

2.8.5 Section 508 – Electronic and Information Technology (EIT) Standards Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998) all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov .

2.8.6 PRIVACY ACT

The Contractor, in the course of performing under this contract, will be the custodian of, and therefore inherently will have access to, personally identifiable information (PII) and files protected under the Privacy Act. Such information shall be kept secure whether it is in electronic or paper form. Privacy Act systems of records include paper & electronic records that the Peace Corps controls, and/or which are collected for the Peace Corps. Such records contain personal information about individuals which are accessed by name or any other personal identifier. The Contractor shall treat any material or records that contain personal information on an individual, whether filed in a system of records or any other Agency file, in a confidential manner. There are penalties under the Privacy Act if information is improperly disclosed.

2.8.7 Breach of Information Notification Requirement

In accordance with the Peace Corps’ Manual Section 899, Breach Notification Response Plan, the Contractor shall provide notification of a suspected or known breach promptly (within 4 hours) by calling the Peace Corps’ Domestic Services Help Desk at 202-692-1000.

A breach and/or incident means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar term referring to situations where persons other than authorized users and for other than authorized purposes have access or potential access to Personally Identifiable Information (PII) or Covered Information, whether physical or electronic. The Peace Corps’ Manual Section 899 will be incorporated into the resulting contract to provide the definitions of PII and Covered Information. If a suspected or known breach occurs, the Contractor shall work with and provide necessary information, as requested, to the Peace Corps’ Response Team who will respond to the notification.

2.8.8. DATA RIGHTS

http://www.access-board.gov/ http://www.section508.gov/

a. The definition of “unlimited rights” is contained in Federal Acquisition Regulation (FAR) 27.401, “Definitions.” FAR clause 52.227-14 “Rights in Data-General” (May 2014), is hereby incorporated by reference and made a part of this contract.

b. Government Furnished Data and Materials The Peace Corps shall retain all rights and privileges, including those of patent and copy, to all Government furnished data. The Contractor shall neither retain nor reproduce for private or commercial use any data or other materials furnished under this contract. The Contractor agrees not to assert any rights at common law or in equity or establish any claim to statutory copyright in such data. These rights are not exclusive and are in addition to any other rights and remedies to which the Government is otherwise entitled elsewhere in this contract.

c. Contractor Produced Data and Materials All property rights, including publication rights, in the information and materials produced by the Contractor in connection with this contract shall vest in the Government.

2.8.9 Computer Software and/or Computer Database(s) Delivered to and/or Received from the Government

The Contractor agrees to test for viruses on all computer software and/or computer databases, before delivery of that computer software or computer database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.

Contractor agrees to test any computer software and/or computer database(s) received from the Government for viruses prior to use under this contract.

3.0 CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon requests, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/

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 (Nov 2021) https://www.acquisition.gov/far/

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within ten (10) days.

(End of clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within five (5) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ten (10) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS

(MAY 2022)

(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).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

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

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] _X_ (14)

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

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

__ (15)

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

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

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

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 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.

https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18)

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

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

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Sep 2021) ( 15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).

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

__ (23) 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)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women- Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30)

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

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

__ (31)

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

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

__ (32)

(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.

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

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

__ (35)

(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).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (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.)

https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803

__ (37)

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

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

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

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

__ (40)

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

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

__ (41)

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

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

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

__ (43)

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

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

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

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

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

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

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

__ (49)

(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 not e, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26

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

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

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

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

__ (63)

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

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

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

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

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (May 2014) ( 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).

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

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

13706).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_242_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_222_41 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_42 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_43 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_44 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_51 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_53 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_62

__ (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…