12639519Q0167.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

USDA-AMS-33SM

FREDERICKSBURG VA 22406

SUITE 101

100 RIVERSIDE PARKWAY

USDA AMS C&T

CODE 16. ADMINISTERED BYCODE

X

X

X

325413

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORUSDA-AMS-33SM

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

540-361-1126BEVERLY BROWN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

08/20/2019 1400 ET

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/

12639519Q0167

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 34OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

FREDERICKSBURG VA 22406

SUITE 101

100 RIVERSIDE PARKWAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,250

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

6. SOLICITATION

ISSUE DATE

08/08/2019

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA AMS C&T

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available Quantitative DON grain sample test kits

001 BASE YEAR: 10/01/2019 - 09/30/2020 15000 EA

Quantitative DON grain sample test kits Product/Service Code: 6640 Product/Service Description: LABORATORY EQUIPMENT

& SUPPLIES

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

BEVERLY S. BROWN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

002 OPTION YEAR I: 10/01/2020 - 09/30/2021 15000 EA

Quantitative DON grain sample test kits

Product/Service Code: 6640

Product/Service Description: LABORATORY EQUIPMENT

& SUPPLIES

003 OPTION YEAR II: 10/01/2021 - 09/30/2022 15000 EA

Quantitative DON grain sample test kits

Product/Service Code: 6640

Product/Service Description: LABORATORY EQUIPMENT

& SUPPLIES

004 OPTION YEAR III: 10/01/2022 - 09/30/2023 15000 EA

Quantitative DON grain sample test kits

Product/Service Code: 6640

Product/Service Description: LABORATORY EQUIPMENT

& SUPPLIES

005 OPTION YEAR IV: 10/01/2023 - 09/30/2024 15000 EA

Quantitative DON grain sample test kits

Product/Service Code: 6640

Product/Service Description: LABORATORY EQUIPMENT

& SUPPLIES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

34 2 of

Blanket Purchase Agreement Deoxynivalenol (DON) Test Kits

Section B:

B.1 GENERAL INFORMATION:

The USDA, Agricultural Marketing Service (AMS) plans to award a Blanket Purchase Agreement (BPA) for Deoxynivalenol (DON) Test Kits. A BPA is a simplified method of filling anticipated repetitive needs for supplies and services by establishing “charge accounts” with qualified sources of supply. The use of a BPA does not authorize purchases that are not otherwise authorized by law or regulation.

B.2 DESCRIPTION OF AGREEMENT:

Establish a priced five (5) year Blanket Purchase Agreement (BPA) for DON (Deoxynivalenol) tests. DON is a naturally occurring mycotoxin produced by several species of fusarium. Wet and cool weather conditions from flowering to maturity promotes the infection, which results in scab or head blight in wheat and other grains and commodities.

B.3 PERIOD OF PERFORMANCE:

This BPA is effective from date of October 1, 2019 through September 30, 2024. Per FAR 13.303-6, the Contracting Officer and individuals and/or organization component authorized to place BPA calls will ensure the BPA is reviewed at least annually, updated at that time, and may make new arrangements or modify existing arrangements to validate the need for this BPA.

Unilateral termination of this BPA may occur at any time by either party.

B.4 EXTENT OF OBLIGATION:

The Government is obligated only to the extent of authorized calls actually placed against this BPA. There is no minimum or maximum guarantee under this BPA.

B.5 PRICING:

1. The prices to the Government for all supplies rendered under this BPA shall be as low as, or lower than those charged the supplier’s most favored customer for comparable services under similar terms and conditions.

2. Calls may only be placed upon verification of current approved pricing. Price shall be a firm price for specified period of time, signed and dated by the Contractor.

B.6 PURCHASE LIMITATION:

Calls placed by individuals authorized under this BPA shall not exceed the dollar limitation listed on the Individuals Authorized to Place Call orders:

BPA Maximum Dollar Limit: $250,000 BPA Call Limit: $2,500

B.7 INDIVIDUALS AUTHORIZED TO PLACE BPA CALLS:

The Contractor shall provide the supplies when requests are placed against this BPA by the individuals authorized during the contract period of performance. The following individuals and/or organizations are authorized to place BPA calls:

1. Contract Specialists and Purchasing Agents, APHIS, MRP with warrant authority

2. Field Offices and Official Agencies listed in Section C.6.

3. Purchase Cardholders with delegated authority from the Contracting Officer with a NTE call/order up to their Purchase Card micro purchase threshold for services of $3,500 per transaction.

Cardholders must identify the BPA number in the Agency Specific Data field under “Comments” tab, when reconciling transactions in Access On-line (purchase card system) for BPA reporting/tracking purposes. The Contracting Officer will request a quarterly and/or annual report of purchase card transactions from the Approving Official or the Purchase Card Local Agency Lead Program Coordinator, MRP.

4. BPA calls/orders may be placed against this BPA via FAX, paper, or verbal communications.

5. Unless otherwise agreed to, all deliveries under this BPA must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum:

(a) Name of Contractor;

(b) BPA Number;

(c) Description of service/supply.

(d) Quantity, Unit Price, and Extension of each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems;

provided, that the invoice is itemized to show the information); and

(e) Date of Order/Call.

6. The requirements of a proper invoice are as specified in the BPA. Invoices will be submitted to the address specified within the BPA call/delivery order transmission issued against this BPA/Contract.

7. The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this

BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

B.8 INVOICES:

The UContractorU shall submit an original invoice (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices. An invoice shall include—

1. Name and address of the Contractor;

2. Invoice date; Invoice number;

3. BPA number, contract line item number, and the call order number;

4. Description, quantity, unit of measure, official agency or FGIS field office name, address, applicant name, vessel name or other sample identification such as railcar, truck, or barge identification number, analysis date, contracted rate per sample analysis rate, total amount due, and due date.

5. Terms of any prompt payment discount offered;

6. Name and address of official to whom payment is to be sent; and

7. Name, title, and phone number of person to be notified in event of defective invoice.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment.

Contractors are encouraged to assign an identification number to each invoice. The invoice will be verified by the customer and processed

When VISA is not used by the Field Offices, all invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website 33TUwww.ipp.govU33T. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

The contractor may direct bill the offices on the attachment listed as Official Offices.

B.9 RECEIPT AND ACCEPTANCE OF SERVICES:

Receipt of supplies shall be indicated by signature and date on the appropriate form by the authorized Government representative

B.10 DELIVERY:

Delivery point and time of delivery will be verified by the individual making the call.

B.11 POINT OF CONTACT:

All correspondence and/or questions pertaining to this BPA should be directed to Beverly Brown at 540-361-1126 33TBeverlyS.Brown@USDA.GOV33T http://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-vendors.htm mailto:BeverlyS.Brown@USDA.GOV

B.12 BPA CLOSE-OUT:

The Program Contract Administrator should coordinate with the Contractor and Financial Management to make sure all payments are made before the close-out.

Section B

The Schedule

UNIT

Item SUPPLIES/SERVICE QTY UNIT PRICE TOTAL

001 Quantitative DON grain sample test kits. 15,000 test $______ $__________

Estimated number of individual samples to be tested 15,000.

Base Period: 10/01/2019 – 09/30/2020

002 Quantitative DON grain sample test kits. 15,000 test $______ $__________

Estimated number of individual samples to be

Option Period I: 10/01/2020 through 09/30/2021

003 Quantitative DON grain sample test kits. 15,000 test $______ $__________

Option Period II: 10/01/2021 through 09/30/2022

004 Quantitative DON grain sample test kits. 15,000 test $______ $__________

Option Period III: 10/01/2022 through 09/30/2023

005 Quantitative DON grain sample test kits. 15,000 test $______ $__________

Option Period IV: 10/01/2023 through 09/30/2024

TOTAL PRICE $_________

CLINS 001-005

2019 Solicitation for Deoxynivalenol (DON) Test Kits Statement of Work

C.1 INTRODUCTION / BACKGROUND:

The United States Departments of Agriculture (USDA), Agricultural Marketing Service (AMS), Federal Grain Inspection Service (FGIS), has annual requirement for an estimated 15,000 quantitative DON (Deoxynivalenol) tests. DON is a naturally occurring mycotoxin produced by several species of fusarium. Wet and cool weather conditions from flowering to maturity promotes the infection, which results in scab or head blight in wheat and other grains and commodities.

The Contracting bid is limited to vendors who currently have a FGIS-approved, water-based, non-hazardous, quantitative test method.

C.2 DEFINITIONS.

1. Contracting Officer (CO) - The government employee responsible for executing/administering and providing direction on the contract, the Contracting Officer for the USDA-AMS-FGIS.

2. Contracting Officer’s Technical Representative (COTR) - Contracting Officer’s Technical Representative. Assists the Contracting Officer when requested by the Contracting Officer.

3. Contractor - A person or company who enters into a contract with AMS-FGIS for the performance of specified service(s).

4. Delivery Locations - An office or laboratory location of the AMS-FGIS designated to perform or supervise official inspection services and Class X and Class Y weighing services.

C.3 REQUIREMENTS / SPECIFICATIONS

C.3.1 The Contactor must:

1. Provide a quantitative water-based extraction test kit capable in analyzing DON in wheat and corn.

2. Include a list of equipment, accessories, and supplies required for the test kit(s) offered for testing.

3. Provide all non-disposable items (e.g., readers, incubators, micro-centrifuge, micro-pipette) at no cost to FGIS.

4. Replace any non-functioning, non-disposable items (e.g., readers, incubators, micro-centrifuge, micro-pipette) at no cost to FGIS.

5. Provide technical support when needed. The technical support includes issues with readers, test kits, and equipment.

6. Provide a unit price that includes all costs, including shipping, to test one sample of grain for DON content. Refer to section F of this document for the list of FGIS offices/delivery locations.

NOTE: When the disposable items are shipped separately from the test kit, the per unit cost of the disposables must not exceed those listed in the schedules.

7. Provide the option for test kit purchases of test strip counts of varying counts

(i.e., 100 and 50 test kit strips) at the same unit price. Due to the drastic range in the number of FGIS DON tests performed across all FGIS testing sites and to reduce the amount of test kits expiring before use, the contract needs to contain multiple kit sizes.

8. Provide adequate training at no charge to the government, for a minimum of two FGIS employees at each FGIS office included in the award.

9. Notify the government of any changes or alterations to the test kit as required by Section 11 of Directive 9181.2 Performance verification of Quantitative Mycotoxin and Biotech Rapid Test Kits.

10. Provide one Safety Data Sheet with each shipment of test kits, regardless of quantity shipped.

C.3.2 The Test Kit must:

1. Analyze DON of the following commodities: corn (including dent or field corn, cracked corn, corn grits or polenta, and corn screenings); wheat (including whole grain wheat flour, wheat middlings, wheat red dog, wheat flour 2nd clear, and wheat screenings); barley (with hull, including malting barley); brown rice;

buckwheat; corn bran; corn germ meal; corn gluten feed (including corn gluten feed meal); corn gluten meal; corn/soy blend; distillers dried grain with solubles (DDGS); hominy; malted barley (including malted barley flour); milled rice (including brewer’s rice and glutinous rice); oats (whole oats with hull); rice bran;

rough rice; rye (or rye berries, including whole grain rye flour, rye meal, cracked rye, and rye chops); sorghum; soybean meal; soybeans (including whole Soybean and full-fat soy flour); triticale; wheat bran (including wheat bran aleruone);

wheat gluten

NOTE: If one test kit cannot analyze DON of all the above listed commodities, the Government may make awards to multiple test kits to provide the full range of commodity testing.

2. Have an active FGIS Certificate of Conformance at the time of bid submission and throughout the term of the contract.

3. Analyze DON with a testing range of 0.5 to 30 parts per million (ppm) for all of the commodities listed above.

4. Complete sample extraction (water-based) and analysis in 30 minutes or less, and must be simple to use.

5. Not require special waste disposal or expose employees to toxic or hazardous substances higher than OSHA standards (CFR 1910.1000).

6. Have a minimum shelf life of three months for all components of the test kit.

Test kits requiring refrigeration will be considered, but storage at room temperature (64-74 °F) is preferred. Test kits requiring storage below 33 °F shall not be considered.

C.4 BILLING:

1. Contractor must register and maintain their SAM (System for Award

Management) account by keeping it current and active during the period of performance.

2. Contractor must accept ACH and credit card payments.

3. Contractor must register in Treasury’s Invoice Processing Platform (IPP.GOV) to submit invoice(s) for payment under the delivery award.

4. Each invoice (bill) submitted in IPP.GOV must contain the delivery location for the individual order.

C.5 PERIOD OF PERFORMANCE

1. The Blanket Purchase Agreement (BPA) for Deoxynivalenol (DON) test kits is effective from date of issuance through five (5) years. The established BPA will contain unit pricing for the base year, and four (4) optional years.

2. The Contractor shall provide the service for requests placed against this BPA by the authorized delivery locations during the contract period of performance.

3. The Government is obligated only for authorized purchases made under this BPA.

4. Unilateral termination of this BPA may occur at any time by either party.

5. BPA Ceiling: The service requests must not exceed $100,000 per fiscal year.

Total cumulative value of requests under this BPA must not exceed $500,000.

There is no minimum guarantee under this BPA.

C.6 AUTHORIZED DELIVERY LOCATIONS UNDER THE BPA

The government requires delivery within 30 days after the Government contact the contractor with a delivery order. Order quantities may vary according to the needs of the individual delivery location.

Delivery Locations below:

1. USDA, FGIS

c/o Louis Dreyfus 1745 Buford St.

Suite A Beaumont, TX 7704 409-839-2425

2. USDA, FGIS

c/o Lansing Trade Group 1500 South Main Galena Park, TX 77547 713-671-7108

3. USDA, FGIS

c/o Cargill Westwego 933 River Road Westwego, LA 70094 504-436-0217

4. USDA, FGIS

c/o ADM/GRAIN 3100 Wharf Road Galveston, TX 77550 409-763-6443

5. USDA, FGIS

c/o Cargill TH Reserve 2154 Hwy 44 Reserve, LA 70084 985-536-1500

6. USDA, FGIS

c/o Cargill Grain Elev.

16150 Peninsular Blvd, (Jacintoport) Channelview, TX 77530 281-457-7000

7. USDA, FGIS

1100 NW Naito Pkwy Portland, OR 97209-2818 503-326-7887

8. USDA, FGIS

c/o ADM/GMK Reserve 2032 Hwy 44 Reserve, LA 70084 985-536-1151

9. USDA, FGIS

c/o Zen Noh Grain 8886 Hwy 44 Convent, La 70723 504-416-6789

10. USDA, FGIS

1025 E. Main Street Suite 104 League City, TX 77573 281-338-2787

11. USDA, FGIS

c/o ADM/GMK Ama 11079 River Road Ama, LA 70031 504-431-8245

12. USDA, FGIS

c/o ADM Grain 2121 Navigation Blvd Corpus Christi, TX 78402 361-888-3461

13. USDA, FGIS

1910 Indian Wood Cir.

Suite 401 Maumee, OH 43537 419-893-2984

14. USDA, FGIS

Cenex Harvest States 434 E. Ravenna Road Belle Chasse, LA 70037 504-656-2195

15. USDA, FGIS

104 Campus Drive Suite 200 Destrehan, LA 70047 985-764-2324

16. USDA, FGIS

11700 S. Torrence Ave.

Chicago, IL 60617-7211

17. USDA, FGIS

c/o ADM/GMK St. Elmo 3338 Hwy 44 Paulina, LA 70763 225-869-4239

18. USDA, FGIS

c/o ADM/GMK Destrehan 12710 River Road Destrehan, LA 70047 985-764-7843

19. USDA, FGIS

c/o Louis Dreyfus Port Allen 520 Elevator Road Port Allen, LA 70767 225-383-5221

20. USDA, FGIS

c/o Bunge Grain Elevator 12442 River Road Destrehan, LA 70047 985-764-2160

21. USDA, FGIS

Technology and Science Division.(TSD) 10383 N. Ambassador Dr.

Kansas City, MO 64153 816-891-0469

22. USDA, FGIS

Temco-Portland 800 North River Street Portland, OR 97203

23. USDA, FGIS

960 E Bay Street Milwaukee, WI 53207

24. USDA, FGIS

CET

15660 N. Lombard Street Portland, OR 97203

NOTE: TSD will order test kits against the contract as needed, but will have the option to order from other sources as required for compatibility with other activities.

Section D. CONTRACT CLAUSES:

D.1 FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 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)

D.2 FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2019)

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

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

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

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

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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 (Oct 2015) (31 U.S.C.

6101 note).

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

X___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) 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 (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

X___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

X___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X___ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

X___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X___ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

X___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

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

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (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).

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

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

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

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 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).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

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

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

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

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $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.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36,…