12639523Q0267 Amendment 0002.pdf

(x)

12639523Q0267 x x

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 electronic communication 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

08/17/20230002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/17/2023

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

DUNS Number: Not Available

The purpose of this amendment 0002 is:

1. Incorporate the attached questions and answers

2. Replace the Statement of Work in its entirety with attached revised version

Continued ...

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

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

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

LATISHA A. HOLLMAN

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

Vendor:

Address:

UEI SAM:

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 49

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639523Q0267/0002

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

Sponsored by GSA

FAR (48 CFR) 53.110

US Department of Agriculture (USDA)

Statement of Work

Contents

Project

General Information

1.0 Scope of Work

2.0 Background

Contractor Requirements

3.0 Tasks

4.0 Government Furnished

5.0 Deliverables / Schedule

6.0 Travel

7.0 Contractor Identification

8.0 Security Requirements

9.0 Data Rights

10.0 Wage Rates

Project Training and Exercise Development Support to the VS National Training and Exercise Program

General Information

1.0 Scope of Work

The statement of work (SOW) is comprised of two key objectives and related deliverables are outlined in corresponding tables for each objective. The first objective defines exercise deliverables. The second objective outlines administrative support for the TEP plan.

The contractor will have a direct working relationship with the VS TEP Team and will assist with the following objectives:

1) Plan, design, develop, implement, and evaluate animal disease emergency management training and exercise events and planning; to include meeting facilitation, document development, and overall project management, and;

2) VS National Training and Exercise Program planning and administration support for meetings, exercise events, and TEP Plan administration.

1.1 Background

The Training and Exercise Program (TEP) was established in 2013 to translate APHIS VS’ preparedness strategy, goals, and priorities into actionable training and exercise activities. These activities are national in scale and coordinated on a multi‐year schedule. The TEP bolsters APHIS VS’ readiness posture and supports the prevention and response to select domestic and foreign animal diseases in the United States.

1.2 Contractor Requirements

Technical Requirements / Tasks To complete these objectives the following tasks are included:

Objective: 1 Exercise Design and Implementation

Objective one was developed with the goal of ensuring all Unified Command activities are well planned, coordinated, and executed in preparation for a catastrophic animal disease outbreak.

Interested stakeholders include States, Tribes, Territories, and other partners.

The contractor shall meet the objectives and deliverables outlined within this SOW. They will be responsible for the creation, execution, organization, documentation, and facilitation of multiple workshops, tabletop, drill, functional and full‐scale exercises annually. For additional verbiage on objective specific tasks, see “1.3.1. Task Descriptions & Deliverables”, below. Further, the contractor will provide technical expertise and support for exercise development, conduct, and evaluation per Homeland Security Exercise and Evaluation Program guidance.

Table 1. Exercise Design and Implementation Tasks

Task No. Task Description Due Date

1. Conduct State level Exercises (workshops, tabletops, drills, functional and full scale) as determined by the TEP WG.

As scheduled

1.3.1. Task Descriptions & Deliverables

A. Objective 1‐‐ Conduct State Level Exercises (workshop, TTX, Drill, Functional, full scale):

Contractor will design and conduct exercises (workshops, tabletops, drills functional, full scale), as determined by the TEP WG. Contractor will provide technical expertise and support of exercise development, conduct, and evaluation, per Homeland Security Exercise and Evaluation Program guidance, https://www.fema.gov/emergency‐managers/national‐preparedness/exercises/hseep .

Related subtasks, for “Objective 1” are outlined below.

Refer to https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/sa_training_and_development/vstep/. The average is a functional or full scale each year and 5 or more discussion‐based exercises per year.

1.3.1.1 Subtasks:

1. Plan exercises in coordination with APHIS and State leads; planning meetings are monthly.

2. Conduct planning team meetings and publish notes monthly.

3. Lead Planning Team calls for the planning and preparation of exercises, including pre‐event training monthly.

4. Develop the ExPlan, Situation Manual, Facilitator Guide, Participant Feedback form, and

Exercise Evaluation Guide, and the development of a Master Scenario Events List (MSEL)

5. Facilitate and assist in evaluating exercises, may involve travel, up to 3 annually (3 travelers per trip on average, for 4 nights).

6. Develop a draft exercise After Action Report (AAR) for planning team review.

7. Conduct exercise After Action Meetings, may involve travel, 2 annually (3 travelers per trip on average, for 4 nights).

8. Finalize and submit final draft exercise AAR/IP for State and APHIS review.

1.3.1.2 Deliverables:

a. E‐publish the final Facilitator or Controller Guides, Situation Manuals, Participant Feedback form, and EEG on the FAD Eye TEP SharePoint site.

b. E‐Publish the final exercise After Action Report/Improvement Plan

c. Document and provide minutes from meetings, involving external partners, to the Training and Exercise Program.

The basis of payment for this task is per month.

The scope of this task may involve travel, estimated five (5) trips per year (CONUS). Actual travel will be incorporated via modification when/if it is required (52.212‐5).

B. Objective 2 ‐ Training and Exercise Program Administration

Contractor will be responsible for the creation, execution, organization, documentation, and facilitation of the TEP multiyear plan annually. Contractor will also provide marketing and related communications for the plan to internal and external stakeholders through newsletters, webinars, activity status reports, and supporting TEP Event planning teams. Related subtasks, for “Objective 2” are outlined below.

Table 2. Training and Exercise Program Administration Tasks

Task No. Task Description Due Date

1. Update the TEP three‐year Training and Exercise Strategy and Plan.

As scheduled every 12 months.

2. Provide administrative support to the Annual TEP Work Group calls and meeting.

As scheduled every 12 months.

3. Support TEP Event planning teams. As scheduled

4. Produce 4 TEP Newsletters and support other marketing strategies.

Quarterly.

1.3.2. Task Descriptions & Deliverables

A. TASK 1— Update the TEP three‐year Training and Exercise Strategy and Plan:

The National Training and Exercise Plan (TEP) is updated annually as a dynamic document. The TEP Plan serves as a roadmap illustrating how APHIS VS intends to accomplish its training and exercise strategy. As a foundational Homeland Security Exercise and Evaluation Program (HSEEP) document, the Multi‐Year Training and Exercise Plan guides APHIS’ VS successful exercise program and provides a mechanism for long‐term coordination of training and exercise activities to achieve APHIS preparedness goals.

The TEP Plan describes priorities, associated homeland security capabilities, VS critical activities and helps employ the building‐block approach for training and exercise activities. The multi‐year schedule illustrates training and exercise ‘Events’ supporting the identified priorities. The document is continuously updated, as training and related exercises are completed, piloted, modified, and revised to reflect changes to the priorities and new capabilities that need to be assessed.

The contractor will also be required to develop the new Training and Exercise Plan annually and update the overall TEP strategy to include the following:

1.3.2.a Subtasks:

1. Develop draft VS NTEP Plan for the TEPW in coordination with the TEP WG and

NPIC staff.

2. Conduct an annual Survey of the emergency response community for animal health ‐‐ analyzing, summarizing, and presenting the results to the TEP WG

3. Coordinate and facilitate the TEPW calls monthly and meeting annually.

4. Finalize and submit final TEP and budget estimate for government review.

The basis of payment for this task is per annual completion.

1.3.2.a Deliverables:

a. E‐publish each annual update of the Training and Exercise Plan

The basis of payment is annual completion of deliverable.

b. E‐publish the mid‐year and annual accomplishment reports.

The basis of payment is bi‐annual completion of deliverable.

C. TASK 2‐‐ Provide administrative support to the Annual TEP Work Group calls and meeting

1.3.2.b Subtasks:

1. Coordinate and facilitate the TEPW annual meeting. Will involve travel annually, 3 travelers per event on average, for 4 nights. Attendance at this workshop averages 35 people.

2. Develop TEPW agenda, information packets, and presentations based on

HSEEP principles and VS facility use. https://www.fema.gov/emergency‐ managers/national‐preparedness/exercises/hseep

3. Assist with venue coordination for TEPW meeting.

1.3.2.b Deliverables:

a. E‐Publish the annual event volunteers survey, and present it to the TEP WG

b. E‐Publish TEPW meeting packet (the EM VS NTEP feedback survey), including agenda and present it to the TEP Working Group.

c. E‐Publish the monthly TEPWG call agenda.

The unit of measure for this task is per month.

The scope of this task may involve travel, estimated one (1) trip per year (CONUS). Actual travel will be incorporated via modification when/if it is required (52.212‐5).

D. TASK 3— Support TEP Event Planning Teams

1.3.2.c Subtasks:

1. Coordinate and facilitate the TEP Event organization of teams and leads annually. This will include up to 20 different planning teams working annually.

2. Support Event leads with initial project descriptions and facilitate document creation for the teams. Requires tracking event group documents, minutes and support of team recruiting.

3. Track all event members and activities in a shared Access database.

4. Coordinate and support pilot implementation of events, may involve travel for 1 training pilot, 4 exercise pilots and 1 one FADD Drill Pilot.

1.3.2.c Deliverables:

a. E‐Publish Event descriptions and final products.

b. E‐Publish Event activity reports as needed for information requests.

The basis of payment for this task is per month.

The scope of this task may involve travel for one (1) training pilot, 4 exercise pilots and 1 FADD Drill pilot, estimated six (6) trips per year (CONUS). Actual travel will be incorporated via modification when/if it is required (52.212‐5).

E. TASK 4‐‐ Produce four TEP Newsletters annually and support other marketing strategies as determined by the TEP working group 1.3.2.d Subtasks:

1. Design and produce quarterly TEP Newsletter with assistance from the TEP WG

1.3.2.d Deliverables:

a. E‐Publish event marketing materials and final products on FAD Eye

TEP SharePoint site.

b. E‐Publish quarterly TEP Newsletter for circulation and on FAD Eye

TEP SharePoint site.

The basis of payment for this task is quarterly.

2 Government Furnished Need for government‐furnished items shall be determined for each analysis according to the Contractor’s appropriate need. For example, APHIS will provide the Contractor with requested data files and background information to the extent they available and non‐sensitive. Requested government‐ furnished items will be provided by APHIS within two weeks of the request, or as soon as practicable so as not to impede ongoing operations.

3 Deliverables

3.0 Appendix: Key Deliverables

Item No. Deliverable Objective Due

1 Conduct State level exercises (workshops, tabletops, drills and functional) as determined by the EP Working Group

(WG)

Exercise Design and Implementation Obj #1, Task 1

As scheduled

2 E‐publish the final Facilitator or Controller Guides, Situation Manuals, Participant Feedback form, and EEG on the FAD Eye TEP SharePoint site

Exercise Design and Implementation Obj #1, Task 1, ref subtasks 1.3.1

3 E‐Publish the final exercise After Action Report/Improvement Plan

Exercise Design and Implementation Obj #1, Task 1, ref subtasks 1.3.1

4 Document and provides minutes from meetings, involving external partners to the Training and Exercise Program

Exercise Design and Implementation Obj #1, Task 1, ref subtasks 1.3.1

As scheduled

5 Update the TEP Three‐year Training and Exercise Strategy and Plan

Training and Exercise Program Administration Obj #2, Task 1 every 12 months

6 E‐publish the 2025‐2027 Training.

and Exercise Plan

Training and Exercise Program Administration ref subtasks 1.3.2a

Start of FY

7 E‐publish the midyear and annual accomplishment report

Training and Exercise Program Administration ref subtasks 1.3.2a

8 Provide administrative support to the annual TEP Working Group call and meeting.

Training and Exercise Program Administration Obj #2, Task 2 every 12 months

9 E‐Publish the survey and present it to the TEP Working Group

Training and Exercise Program Administration Obj #2, Task 2., ref subtasks 1.3.2.b

End of Q1, start of Q2

10 E‐Publish the survey and present it to the TEP Working Group

Training and Exercise Program Administration Obj #2, Task 2, ref subtasks 1.3.2.b

Q2

11 E‐Publish the monthly TEP WG call agenda

Training and Exercise Program Administration Obj #2, Task 2, ref subtasks 1.3.2.b

As scheduled

12 Support TEP Event Planning Teams

Training and Exercise Program Administration Obj #2, Task 3

As scheduled

13 E‐Publish Event descriptions and final products

Training and Exercise Program Administration Obj #2, Task 3, ref subtasks 1.3.2.c

14 E‐Publish Event activity reports for information requests

Training and Exercise Program Administration Obj #2, Task 3, ref subtasks 1.3.2.c

As scheduled

15 Produce four TEP Newsletters annually and support other marketing strategies as determined by the EP working group

Training and Exercise Program Administration Obj #2, Task 4

Quarterly

16 E‐Publish event marketing materials and final products on FAD Eye TEP SharePoint site

Training and Exercise Program Administration Obj #2, Task 4, ref subtasks 1.3.2.d

17 E‐Publish quarterly TEP Newsletter for circulation and on FAD Eye TEP SharePoint site

Training and Exercise Program Administration Obj #2, Task 4, ref subtasks 1.3.2.d

End of each quarter

4 Travel

Travel is anticipated. Travel to training and exercise sites to conduct state level exercises, facilitate planning meetings, and facilitate the annual VS NTEP Workshop. Actual travel will be incorporated via modification when/if it is required (52.212‐5).

1. Contractor Identification.

In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. Contractor employee(s) must:

a. Not by word or deed give the impression or appearance of being a Government employee;

b. Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government‐sponsored event, or an event outside normal workspaces in support of the contract/order;

c. Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification must include the name of the company for whom they work.

d. Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and

e. Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative.

f. If wearing a badge is a risk to safety and/or security, then an alternative means of identification may be utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer.

g. The Contracting Officer will make final determination of compliance with regulations regarding proper identification of contractor employees.

7. Technical Direction.

Performance of the work under this contract shall be subject to the technical direction of the COR or designee. The term “technical direction” is defined to include, without limitation:

Providing direction to the contractor that redirects effort, shifts work emphasis between work areas or tasks, requires pursuit of certain lines of inquiry, fills in details, or otherwise serves to accomplish the contractual performance work statement.

Providing written information to the contractor that assists in interpreting specifications or technical portions of the work description.

Reviewing and, where required by the contract, approving technical information to be delivered by the contractor to the Government.

Technical direction must be within the scope of work. It is the contractor’s responsibility to contact the Contracting Officer immediately in writing if there is even the appearance of any technical direction that is or may be outside the scope of the order. Upon receiving the notification from the contractor, the Contracting Officer will promptly advise the contractor that (1) technical direction is within the scope of the order and does not constitute a change; (2) the Government will issue a written modification; or (3) advise the contractor not to proceed with the instruction or direction by the COR.

A failure of the contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the changes clause included in the contractor's Federal Supply Schedule contract.

4.0 Type of Contract

This is a firm‐fixed‐price contract. The payment provided for in the contract shall constitute full compensation for furnishing all materials and for performing all work under the contract in a complete and acceptable manner. Payment shall be made upon completion and acceptance of a contract line item.

Payment items for the work of this contract are listed in the Pricing Schedule and described in this Scope of Work. The unit price and payment made for each item listed shall constitute full compensation for providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, meeting requirements, and performing all work as provided in this contract. Compensation for all work shown, specified, or essential to completing the project (whether or not the specific material or operation is indicated) shall be included in the total price. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to the terms and conditions of the order.

This is a commercial service contract for nonpersonal services. Personal services as defined in FAR

37.104 are prohibited under this order. The Government shall not exercise any supervision or control over the contract service providers performing the services specified. Contract personnel shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

4.1 Period of Performance

The contract period of performance includes a base period of 12 months and four (4) option periods, each 12 months in duration.

4.2 Place of Performance

Services shall be performed at the contractor’s facility.

8.0 CONTRACT ADMINISTRATION

8.1 Invoicing Requirements

The Contractor shall submit invoices to the COR after the government has verified and confirmed completion of CLIN deliverables identified in the price schedule, based on Contractor’s proposed pricing, and the Contractor has submitted invoices in accordance to FAR 52.212‐4.

An invoice shall include‐‐

(1) Name and address of the Contractor;

(2) Invoice date; Invoice number;

(3) Contract line item number;

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

(5) Terms of any prompt payment discount offered;

(6) Name, title, and phone number of person to be notified in event of a defective invoice.

All Invoices shall be submitted through the 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 https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment‐vendors.htm to establish your account.

Should the COR determine the Contractor has not met the performance requirement, the COR will notify the Contracting Officer (CO) for resolution.

8.2 Payments

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 Government and processed in accordance with clause 52.212‐4.

8.3 Contracting Officer Representative (COR)

The Contracting Officer will designate a Contracting Officer’s Representative (COR) at the time of award.

The COR will be the Contractor’s local Government contact for this requirement.

The COR is responsible for monitoring the performance of work under contracts awarded as written in the contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract be effective or binding upon the Government unless advance authorization is received from the Contracting Officer, and proper contractual documents executed by the Contracting Officer prior to performing the work.

The COR shall inform the Contracting Officer as soon as possible of any recommended modifications, and actions or inactions of the Contractor or the Government which could affect the Contractor’s ability to comply with the contract performance requirements or completion times.

Whenever, in the opinion of the Contractor, the COR requests work outside the scope of the contract, the Contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF THE CO

COULD RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.

The designation (delegation of authority) shall be provided in writing to the COR and the Contractor. The delegation of authority shall clearly explain the COR’s role and responsibility on the contract, and limitations of authority.

Questions regarding contractual issues shall be directed to:

Contracting Officer Latisha Hollman 919‐855‐7003

Latisha.A.Hollman@usda.gov

9.0 Security Requirements

A. Contractors shall comply with the personal identity verification (PIV) policies and procedures. In addition, procedures to be followed by contractors and contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620‐002. Copies can be downloaded from the website at http://hspd12.usda.gov.

B. In accordance with the USDA policy and directives, a Federal Background Investigation of the contractor personnel is required to begin prior to starting work under this contract as well as maintaining it throughout the duration of the contract. The contractor shall, through their own internal background investigation protocol and pre‐employment investigation, and at its own expense, ensure that each contractor employee submitted for a federal background investigation is reasonably expected to receive a favorable adjudication of their respective investigation.

C. USDA will pay for the required Federal Background Investigation. The government shall have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance.

D. All contractor personnel that will have access to the USDA facility will be required to have a Low Tier, Non‐Sensitive, Low Risk with no less than favorably adjudicated results. Once approved and working at the facility, the contractor personnel shall not be removed or diverted from the site without prior notification to the Contracting Officer, Contracting Officer Representative or the agency designated point of contact.

E. The contractor shall not employ persons for work on this contract if such employee is considered by the USDA to be a potential threat to health, safety, general well‐being or operational mission of USDA and its employees and property. If the USDA finds a prospective employee to be unsuitable for his or her assigned duties, the contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.

F. The Contracting Officer Representative or other agency designated point of contact will assist the contractor, where practical, with the background investigation process and the associated paperwork.

G. The Contractor shall provide to the USDA Personal Identity Verification Sponsor and the Personnel Security Specialist the information required to initiate the background investigation, including information on previous Office of Personnel Management background investigations or clearances conducted by the contractor. The Contractor shall ensure that prime and subcontractor employees requiring background investigations complete and submit the proper paperwork and forms. You can obtain further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:

USDA, APHIS, MRPBS, HRD

Attn: Personnel Security Section – Program Service Provider Tom Lewis 612‐336‐3296 250 Marquette Avenue, Suite 410 Minneapolis, MN 55401‐2329

All applicable contractor employees requiring routine physical access to Federally‐controlled facilities and/or routine access to Federally‐controlled information systems must go through the identity proofing and registration process, must have been successfully identity proofed, and have a successfully adjudicated National Agency Check with (Written) Inquiries (NACI) or Office of Personnel Management (OPM)/National Security (NS) community background investigation (BI) to serve on the contract.

Contractor ID credentials will be issued after successful identity proofing of the contractor employee applicant and upon a successfully adjudicated NACI or OPM/NS BI. All contracts must specify periods of performance. If an option year is exercised, the contractors must renew their credentials at the end of their period of performance. If no option year is exercised, the contractor must turn in their ID credential at the end of the performance period or when service on the contract ends.

Solicitations and contracts for supplies or services where the contractor's employees will NOT have routine unaccompanied physical access to a Federally controlled facility and/or routine unaccompanied access to a Federally‐controlled information system may be excluded from coverage by this Subpart based on the LincPass Distribution Risk Assessment, which will be conducted by a USDA Sponsor as part of the PIV II registration, identity proofing, and credential issuance procedures. Examples of probable exclusions are couriers, express mail and package or other delivery persons.

10. 0 Data Rights If data is to be produced, furnished, acquired, or used in meeting contract requirements, delineate the respective rights and obligations of the government and the contractor regarding the use, production, and disclosure of that data.

TEP products, archive, and all data are stored by the contractor and available to NPIC staff and TEP program personnel upon request.

11.0 CONTRACT CLAUSES:

CLAUSES INCORPORATED BY REFERENCE

52.204‐13 System for Award Management Maintenance (Oct 2018) 52.204‐18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212‐4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022) 52.227‐14 Rights In Data – General 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

CLAUSES INCORPORTED BY FULL TEXT

52.252‐2 Clauses Incorporated by Reference (Feb 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://acquisition.gov/far/index.html (End of Clause)

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (June 2023)

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

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

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

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

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

(5) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

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

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

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

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

__ (5) [Reserved].

_X_ (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) 52.204‐27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117‐328).

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

_X_ (10) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (OCT 2022) ( 15 U.S.C. 657a).

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

__ (14) [Reserved]

_X_ (15)

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

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

__ (16)

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

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

__ (17) 52.219‐8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (18)

(i) 52.219‐9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (SEP 2021) of 52.219‐9.

__ (19)

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

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

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

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

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

_X_ (23)

(i) 52.219‐28, Post Award Small Business Program Rerepresentation (MAR 2023)( 15 U.S.C. 632(a)(2)).

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

__ (24) 52.219‐29, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

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

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

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

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

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

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

_X_ (31)

(i) 52.222‐26, Equal Opportunity (SEP 2016) (E.O.11246).

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

__ (32)

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

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

_X_ (33)

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

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

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

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

__ (36)

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

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

_X_ (37) 52.222‐54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38)

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

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

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

__ (40) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (41)

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

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

__ (42)

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

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

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

__ (44)

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

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

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

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

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

__ (48)

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

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

__ (49)

(i) 52.225‐1, Buy American‐Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225‐1.

__ (50)

(i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (DEC 2022) ( 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.

__ (ii) Alternate I [Reserved].

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

__ (iv) Alternate III (JAN 2021) of 52.225‐3.

__ (v) Alternate IV (Oct 2022) of 52.225‐3.

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

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

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

__ (54) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) ( 42 U.S.C. 5150).

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

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

__ (57) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

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

2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (OCT2018) ( 31 U.S.C. 3332).

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

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

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

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

__ (64)

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

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

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

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

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

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

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

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

(e)

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

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

(ii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 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 (NOV 2021) (Section 1634 of Pub. L. 115‐91).

(iv) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(v) 52.204‐27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117‐328).

(vi) 52.219‐8, Utilization of Small Business Concerns (OCT 2022) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222‐26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(x) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(xi) 52.222‐37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xii) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

(xiii) 52.222‐41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiv)

(A) 52.222‐50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 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).

(xvi) 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).

(xvii) 52.222‐54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)

(A) 52.224‐3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224‐3.

(xxi) 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. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xxiii) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232‐40.

(xxiv) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐ 64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.204‐9 Personal…