A08 1202SC21Q2205_3.26.25 (final).pdf

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Attached to
Call When Needed Mobile Shower Facilities Units Federal contract opportunity
Solicitation number
1202SC21Q2205
Issued by
Department of Agriculture Forest Service

About this file

This is a Request for Proposal (RFP) for Call When Needed Mobile Shower Facilities Units (CWNMSU) issued by the USDA Forest Service. The solicitation seeks to establish multiple Blanket Purchase Agreements (BPAs) for mobile shower units to support fire suppression, all-hazard incidents, and severity/preparedness assignments nationwide. Contractors can offer either small capacity units (6-11 showerheads) or large capacity units (12+ showerheads), with each unit required to have specific equipment and performance standards including potable water systems, shower stalls, washbasins, and support infrastructure.

The solicitation is unrestricted, allowing both small and large businesses to submit quotes. Offers are due on Monday, April 28, 2025, at 9:00 AM Mountain Time, with the agreement period running from award through May 31, 2031 and annual reviews conducted around February/March each year. Participating federal agencies include the USDA Forest Service, National Park Service, Bureau of Land Management, Bureau of Indian Affairs, Fish & Wildlife Service, and Federal Emergency Management Agency. Contractors must provide all equipment, labor, materials, and personnel necessary to operate mobile shower facilities in remote locations, with fixed-price rates including taxes, insurance, transportation, and overhead costs.

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Other files for this federal contract opportunity

Other files attached to Call When Needed Mobile Shower Facilities Units, newest first.
File Type Posted
A12 1202SC21Q2205_QA_4.27.26 (final).pdf PDF
A12 21Q2205 SF30_4.27.26.pdf PDF
A11.2 1202SC21Q2205_4.15.26 (final).pdf PDF
A11.2 21Q2205 RFQ QA 4.15.26.pdf PDF
A11.2 21Q2205 SF1449_4.15.26.pdf PDF
A11 21Q2205 SF30_4.6.25.pdf PDF
A11 21Q2205 RFQ QA 2.26.26.docx DOCX document
A11 1202SC21Q2205_4.6.26 (final).pdf PDF
A10 1202SC21Q2205_4.17.25 (final).pdf PDF
A10 21Q2205 CWNMSFU SF30_4.17.25.pdf PDF
A09 1202SC21Q2205_4.10.25 (final).pdf PDF
A08 21Q2205 RFQ QA 3.26.25.docx DOCX document
A08 21Q2205 SF30_3.26.25.pdf PDF
SF30 A07 to 1202SC21Q2205 (exec).pdf PDF
A06 1202SC21Q2205 (ptex).pdf PDF
1202SC21Q2205 CWN Amendment 5 (exec).pdf PDF
A.07 - 21Q2205 A05 RFQ QA Form 3.23.24.docx DOCX document
SF30 Amendment 4 to 1202SC21Q2205.pdf PDF
SF30 Amendment 3 to 1202SC21Q2205.pdf PDF
SF30 Amendment 2 to 1202SC21Q2205.pdf PDF
SF30 Amendment 1 to 1202SC21Q2205.pdf PDF
1202SC21Q2205 CWN Shower Amendment 1 conformed.pdf PDF
Final 1202SC21Q2205 CWN Shower.docx DOCX document
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Text version

OFFEROR’S COPY

Issuing Office:

U.S. Forest Service, Contracting National Interagency Fire Center 3833 S Development Ave Boise, ID 83705-5354

This solicitation can be downloaded from the following Internet site: https://sam.gov/ Offers Are Solicited For:

Call When Needed Mobile Shower Facilities Unit (CWNMSU) BPA 2025 Annual Review

Solicitation No:

1202SC21Q2205 Amendment 08

Issued Date:

3/26/2025

IMPORTANT – NOTICE TO OFFEROR

The information provided in this cover is not intended to be construed differently from information in the solicitation amendment. Should a conflict in the interpretation exist, the information in the amendment shall take precedence.

This solicitation will result in multiple Blanket Purchase Agreement(s) (BPA) for CWN Mobile Shower Facility Units.

Please review each section in detail to ensure the required documentation is submitted. Quotes are due on Monday, April 28, 2025 @ 9:00 AM Mountain Time / 8:00 AM Pacific Time. No facsimile (FAX) or hard copy mailed offers will be accepted. ****COMPANIES THAT HAVE EXISTING BPA’S AND NOT UPDATING EQUIPMENT ARE NOT

REQUIRED TO SUBMIT COMPLETE PACKAGES. YOU ARE ONLY REQUIRED TO SUBMIT A RESPONSE

TO THE FORMS IN SECTION b. BELOW AND A SIGNED COPY OF AMENDMENT 08.)****

REFERENCE SECTION E.2 - INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES FOR FURTHER INFORMATION:

- The offeror shall submit the following items in response to this solicitation ****You only need to complete the form listed in b. below if you already have a BPA.**** :

a. SF-1449, block 17a and blocks 30a-30c: Complete, date, and sign.

b. Fill in the appropriate information requested for Section B.3 by utilizing the Microsoft Forms links:

https://forms.office.com/g/aGkagVSNrN - B.3 Schedule of Items – Company Details (complete once) https://forms.office.com/g/vXddHHdMs1 – B.3 Schedule of Items – Item Details (complete for each CWNMSFU offered)

c. Provide a technical/business quote in the format as required by Section E.2 of the solicitation (this is only needed if you do not currently have a BPA).

d. Provide your responses to Section E. of the solicitation.

THE SOLICITATION PACKAGE AND QUESTIONS SHALL BE SUBMITTED BY EMAIL AS REQUIRED IN SECTION E.2 (note: only attachments come through to the inboxes, information provided in the subject line or body of the email does not come through).

https://sam.gov/ https://forms.office.com/g/aGkagVSNrN https://forms.office.com/g/vXddHHdMs1

CWN Mobile Shower Facility Units (CWNMSFU) USDA Forest Service i

TABLE OF CONTENTS

IAW FAR 12.303 Contract Format

A. Solicitation/Contract/Oder for Commercial Items

A.1 Standard Form (SF) 1449 (or Standard Form (SF) 30)

B. Continuation Pages

B.1 General Information Mobile Shower Facility Units 2 B.2 Dispatch Points (DP) 2 B.3 Schedule of Items Call When Needed Mobile Shower Facilities Unit (CWNMSFU) 3 B.3.1 Call When Needed Mobile Shower Facilities Unit Description and Prices/Schedule of Items 3

C. Contract Clauses (Terms & Conditions)

C.1 FAR 52.212-4 Contract Terms and Conditions– Commercial Products and Commercial Services 5

C.2 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services 11

C.3 FAR 52.252-2 Contract Clauses Incorporated by Reference 20 C.4 Insurance Coverage 21 C.5 Use of Premises 21 C.6 Inspection and Acceptance 22 C.7 Extent of Obligation 22 C.8 Agreement Period 22 C.9 Agreement Cancellation 22 C.10 Government Liability 23 C.11 Claim Settlement Authority 23 C.12 Camping Provisions for Labor Intensive Contracts 23 C.13 Commercial Filming or Videotaping 25 C.14 Workmanship 25 C.15 On-Site Representative/Employees 25 C.16 Key Personnel 25 C.17 Harassment Free Workplace Policy 26 C.18 Incident Behavior 27 C.19 Personnel Conduct 27 C.20 Ordering 28 C.21 Invoices (Delivery Tickets) 31 C.22 Payment Procedures 32 C.22.1 Mobile Shower Facility Unit– Mileage 32 C.22.2 Mobile Shower Facility Unit – Daily Usage Rate 32 C.22.3 Relocation Fee 33 C.22.4 Miscellaneous Charges and Credits 33 C.22.5 Payment Process 34 C.23 Pre-Use Inspection of Equipment 35 C.24 Inspections During Use 35 C.25 Contractor Evaluations 35 C.26 Notice of Contractor Performance Assessment Reporting System 36 ii

D. Contract Documents, Exhibits, or Attachments

D.1 Specifications/Statement of Work (SOW) 40 D.1.1 General Requirements 40 D.1.2 Minimum Equipment Requirements 43 D.1.3 Performance Requirement Summary 47 D.2 Equipment Marking 49 D.3 Prohibited Marking 49 D.4 Potable Water Standards March 2007 49

Supplemental Potable Water Standards for Other than Potable Water Trucks 53 D.5 Daily Shower Order/Invoice, Mobile Shower Facilities 55 D.6 Interagency Mobile Shower Facilities Performance Evaluation (1276-F) (FAR 42.15) 56 D.7 Work Order and Notice of Noncompliance 59 D.8 Mobile Food & Shower Service Request Form 60 D.9 Mobile Shower Facilities Unit Inspection Form 61 D.10 Definitions 62 D.11 Wage Determination 1995-0221 rev 69 (1/22/2025) 64 D.12 Attachment 1: Minimum Equipment Requirements Checklist 76

E. Solicitation Provisions

E.1 General Information - Mobile Shower Facility Units 83 E.2 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services 83 E.3 52.212-2 Evaluation - Commercial Products and Commercial Services 90 E.4 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services 92 E.5 52.252-1 Solicitation Provisions Incorporated by Reference 94 E.6 Inquiries 94 E.7 Pre-Bid/Pre-Quote Conference 94

END OF TABLE OF CONTENTS

THIS SECTION INTENTIONALLY LEFT BLANK (continues)

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 97

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

A08 Date Posted to GPE

6. ISSUED BY CODE 024B 7. ADMINISTERED BY (If other than Item 6) CODE

U.S. FOREST SERVICE - CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

BOISE, ID 83705-5354

Same as Item 6

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

9A. AMENDMENT OF SOLICITATION NO.

1202SC21Q2205

9B. DATED (SEE ITEM 11)

August 12, 2021

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK

ONE

A. THIS CHANGE ORDER IS PURSUANT TO: (specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment (A08) is to:

A) Annually –

i) Offer current BPA holders an opportunity to revise their Unit pricing, update any technical information or add additional Units to their BPA.

ii) Provide new contractors an opportunity to submit quotes in accordance with the solicitation and any amendment(s).

B) Set Quote Due Date (see E.1 FAR 52.212-1)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Dana Price, Contracting Officer Phone: (703) 431-6656

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED mm/.dd/yyyy mm/.dd/yyyy

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable STANDARD FORM 30 (REV. 10-83)

Prescribed By GSA FAR (48 CFR) 53.243

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

C) Update Terms & Conditions.

i) Solicitation – Amendment 08 attachments updated for this amendment; all other previously attached solicitation documents are rescinded.

ii) Provisions and Clauses: FAC 2025-03 / Effective 1/17/2025.

D) Clarifications - this Solicitation has been updated to utilize current available technology and will be completed primarily via electronic forms. While it is the government's intent to minimize undue administrative burden in the solicitation process, it is imperative Offerors follow instructions provided in E.1 FAR 52.212-1 Instructions to Offerors- Commercial Products and Commercial Services.

NOTE: Submitted Quotes that do not follow the Instructions may be excluded from consideration.

E) Initial quote submissions in consideration of receiving a BPA shall include the SF-1449 (Exhibit

13) and subsequent 2025 SF-30s starting with Amendment 08 (Exhibit 14). Annual Reviews will submit subsequent 2025 SF-30s starting with Amendment 08.

Period of performance: Date-of-Award to 5/31/2026

Effective Period: Date-of-Award to 5/31/2031

Continues…

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

PAGES

2 of 97 CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

SECTION B – SCHEDULE OF SUPPLIES/SERVICES

B.1 GENERAL INFORMATION MOBILE SHOWER FACILITY UNITS

The intent of this Blanket Purchase Agreement (BPA) is to provide the services of commercially available Call When Needed Mobile Shower Facility Units (CWNMSFU), on a nation-wide basis, for fire suppression related activities, all-hazard incidents and severity/preparedness assignments. The Contractors fixed-price rates shall include, but are not limited to, all labor, equipment, materials, State and Federal taxes, including workman’s compensation costs, insurance coverage, non-compensable transportation costs, overhead and profit. The Contractor is responsible for furnishing and managing all equipment, materials, supplies, transportation, lodging, and trained/certified personnel necessary to meet the agreement specifications as identified in Exhibit D.1. Specifications/Statement of Work (SOW) for subsequent years will be requested annually through an updated solicitation posted to www.sam.gov. The effective period of the resultant BPA(s) will be from date of award through May 31, 2031, with annual reviews happening around February/March of every year.

This acquisition is being solicited as unrestricted, and all companies may submit regardless of business size.

B.2 DISPATCH POINTS (DP)

The DP is the approved physical address(es)/location(s) (no PO Boxes) for the complete CWNMSFU (including equipment and key personnel) for the life of the agreement, unless reassigned enroute to/from an incident, to be considered for an order. For example, Offeror A quotes to be located at 3833 S. Development Ave, Boise, ID 83705. If Offeror A receives an agreement, its DP will be 3833 S. Development Ave, Boise, ID 83705 for the life of the agreement. The contractor is responsible for submitting any requests for changes to the COR and CO in writing at least 30 days prior to the requested effective date. The CO must approve any changes via written modification to the agreement.

(a) A physical address must be provided at the time of quote submittal.

THIS SECTION INTENTIONALL LEFT BLANK (continues)

B.3 SCHEDULE OF ITEMS CALL WHEN NEEDED MOBILE SHOWER FACILITIES UNIT (CWNMSFU)

Note: This will be populated after establishment of the BPA with the information submitted in the Microsoft Forms link listed in the solicitation and herein: https://forms.office.com/g/vXddHHdMs1. This needs to be submitted for each CWNMSFU DP location offered.

OFFEROR’S NAME:

24-Hour Contact POC: Phone Number:

Quoted address where the unit must be physically located, and dispatched from:

(No P.O. Boxes Allowed).

B.3.1 CALL WHEN NEEDED MOBILE SHOWER FACILITIES UNIT DESCRIPTION AND PRICES/SCHEDULE OF ITEMS

CWNMSFU ID Number of Showerheads Equipment Type Equipment Identification No. (UIN)

Unisex Male Female Total Shower Trailer

Tractor

Washbasins ( # Sinks) (if applicable)

Other:

2025 Agreement Price CWN Mobile Shower Facility Unit Usage Price

Per Day

(Including all peripheral support equipment)

CWN Mobile Shower Facility Unit Mileage Rate to & from the Incident Price Per Mile

CWNMSFU $ $

Relocation Rate $ https://forms.office.com/g/vXddHHdMs1

SECTION C – CONTRACT CLAUSES

C.1 (FAR 52.212-4) CONTRACT TERMS AND CONDITIONS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

C.2 (FAR 52.212-5) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Jan 2025)

(DEVIATION DEC 2023, FEB 2025)

NOTE: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Federal Acquisition Regulation (FAR) Clauses

(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.]

# FAR Cite Title Date

(1) 52.203-6 Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 4704 and 10 U.S.C. 4655)

Jun 2020 w/Alt I (Nov 2021)

Federal Acquisition Regulation (FAR) Clauses

(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:

# FAR Cite Title Date

(1) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017

(2) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Dec 2023

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

(4) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015

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

(6) 52.233-3 Protest After Award (31 USC 3553) Aug 1996

(7) 52.233-4 Applicable Law for Breach of Contract Claim (PL 108-77, 108-78 (19 USC 3805 note)) Oct 2004

Federal Acquisition Regulation (FAR) Clauses

(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.]

# FAR Cite Title Date

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

(3) 52.203-15

Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009)

Jun 2010

(4) 52.203-17 Contractor Employee Whistleblower Rights ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a)

Nov 2023

(5) 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards (Pub. L. 109-282) (31 U.S.C. 6101 note) Jun 2020

(6) [Reserved]

(7) 52.204-14 Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C) Oct 2016

(8) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C)

Oct 2016

(9) 52.204-27 Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub L 117-328) Jun 2023

(10) 52.204-28

Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi- Agency Contracts.

(Pub. L. 115–390, title II)

Dec 2023

(11) 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Pub. L. 115–390, title II) Dec 2023

(ii) Alternate I of 52.204-30 Dec 2023

(12) 52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded.

(31 U.S.C. 6101 note)

Jan 2025

Federal Acquisition Regulation (FAR) Clauses

(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.]

# FAR Cite Title Date

(13) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313)

Oct 2018

(14) [Reserved]

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

(16) (i) 52.219-4

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

Oct 2022

(17) [Reserved]

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

(ii) Alternate I of 52.219-9 Mar 2020

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

(ii) Alternate I of 52.219-7 Mar 2020

(20) 52.219-8 Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)) Jan 2025

(21) (i) 52.219-9 Small Business Subcontracting Plan (15 U.S.C. 637 (d)(4)) Jan 2025

(ii) Alternate I of 52.219-9 Nov 2016

(iii) Alternate II of 52.219-9 Nov 2016

(iv) Alternate III of 52.219-9 Jun 2020

(v) Alternate IV of 52.219-9 Jan 2025

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

Federal Acquisition Regulation (FAR) Clauses

(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.]

# FAR Cite Title Date

(ii) Alternate I of 52.219-13 Mar 2020

(23) 52.219-14 Limitations on Subcontracting (15 U.S.C. 637s) Oct 2022

(24) 52.219-16 Liquidated Damages—Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)) Sep 2021

(25) 52.219-27

Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program

(DEVIATION DEC 2023)

( 15 U.S.C. 657f)

Feb 2024

(26) (i) 52.219-28 Postaward Small Business Program Representation (15 U.S.C. 632(a)(2))

Jan 2025

(ii) Alternate I of 52.219-28 Mar 2020

(27) 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (15 U.S.C. 637(m))

Oct 2022

(28) 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 (15 U.S.C. 637(m))

Oct 2022

(29) 52.219-32 Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)) Mar 2020

(30) 52.219-33 Nonmanufacturer Rule (15 U.S.C. 637(a)(17))

Sep 2021

(31) 52.222-3 Convict Labor (E.O. 11755)

Jun 2003

(32) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (E.O. 13126) Jan 2025

(33) [Reserved] (DEVIATION FEB 2025)

Federal Acquisition Regulation (FAR) Clauses

(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.]

# FAR Cite Title Date

(34) [Reserved] (DEVIATION FEB 2025)

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

(ii) Alternate I of 52.222-35 Jul 2014

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

(ii) Alternate I of 52.222-36 Jul 2014

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

(38) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496)

Dec 2010

(39) (i) 52.222-50 Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627) Nov 2021

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

(40) 52.222-54

Employment Eligibility Verification (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803)

Jan 2025

(41) (i) 52.223-9

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

May 2008

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

May 2008

(42) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (E.O.13693)

May 2024

Federal Acquisition Regulation (FAR) Clauses

(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.]

# FAR Cite Title Date

(43) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693)

May 2024

(44) 25.223-20 Aerosols (E.O. 13693) May 2024

(45) 52.223-21 Foams (E.O. 13693) May 2024

(46) 52.223-23 Sustainable Products and Services (DEVIATION FEB 2025) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 76711)

May 2024

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

(ii) Alternate I of 52.224-3 Jan 2017

(48) (i) 52.225-1 Buy American—Supplies (41 U.S.C. chapter 83) Oct 2022

(ii) Alternate I of 52.225-1 Oct 2022

(49) (i) 52.225-3

Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43

Nov 2023

(ii) Alternate I (Reserved)

(iii) Alternate II of 52.225-3 Jan 2025

(iv) Alternate III of 52.225-3 Feb 2024

(v) Alternate IV of 52.225-3 Oct 2022

Federal Acquisition Regulation (FAR) Clauses

(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.]

# FAR Cite Title Date

(50) 52.225-5 Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note) Nov 2023

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

Feb 2021

(52) 52.225-26

Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note)

Oct 2016

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

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

(55) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513) May 2024

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

Nov 2021

(58) 52.232-30 Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 2307(f))

Nov 2021

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

Oct 2018

(60) 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (31 U.S.C. 3332)

Jul 2013

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

May 2014

Federal Acquisition Regulation (FAR) Clauses

(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.]

# FAR Cite Title Date

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

(63) 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.)

Nov 2024

(64) 52.242-5 Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13) Jan 2017

(65) (i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631) Nov 2021

(ii) Alternate I of 52.247-64 Apr 2003

(iii) Alternate II of 52.247-64 Nov 2021

(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.]

# FAR Cite Title Date

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

(2) 52.222-42

Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

(continues next page)

May 2014

(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.]

# FAR Cite Title Date

This Statement is for Information Only: It is not a Wage Determination

(classifications from - Wage Determination: 1995-0221 / Revision: 69 / Date: 1/16/2025)

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

Aug 2018

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

May 2014

(5) 52.222-51

Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements (41 U.S.C. chapter 67)

May 2014

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

May 2014

(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 (E.O. 13706) Jan 2022

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

(10) 52.247-69 Reporting Requirements for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)

Jan 2025

(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—

# FAR Cite Title Date

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

(ii) 52.203-17 Contractor Employee Whistleblower Rights (41 U.S.C. 4712) Nov 2023

(iii) 52.203-19

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (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))

Jan 2017

(iv) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Dec 2023

(v) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

(vi) 52.204-27 Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub l 117-328) Jun 2023

(vii) (A) 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II) Dec 2023

(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—

# FAR Cite Title Date

(B) Alternate I of 52.204-30 Dec 2023

(viii) 52.219-8

Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities

Jan 2025

(ix) [Reserved] (DEVIATION FEB 2025)

(x) [Reserved] (DEVIATION FEB 2025)

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

(xii) 52.222-36 Equal Opportunity for Workers with Disabilities (29 U.S.C. 793) Jun 2020

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

(xiv) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40

Dec 2010

(xv) 52.222-41 Service Contract Labor Standards (41 U.S.C. chapter 67) Aug 2018

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

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

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

May 2014

(xviii) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (41 U.S.C. chapter 67)

May 2014

(xix) 52.222-54 Employment Eligibility Verification (E. O. 12989) Jan 2025

(xx) 52.222-55…

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