12639525Q0022 Solicitation Package.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

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

12/09/2024

612-336-3602KIM YEN TU

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

12/23/2024 900am CT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639525Q0022

5. SOLICITATION NUMBER

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

1 44 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a solicitation for Janitorial Services for USDA APHIS PPQ CHRP Orlando FL.

Period of Performance: 02/01/2025 to 01/31/2026 For general solicitation questions, please contact:

Kim Yen Tu, Contracting Officer 612-336-3602

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

KIM YEN N. TU

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

0.0 Instruction to Quoters

1. This Request for Quote for commercial items is being conducted in accordance with FAR part 13.

Simplified acquisition procedures will be followed. This solicitation is being issued as a total small business set aside. The NAICS Code is 561720 with a size standard of $22 million dollars, or less. USDA APHIS intends to issue one Firm fixed price service contract as a result of this solicitation.

2. Quotations will be evaluated in accordance with provision 52.212-2 Evaluation—Commercial items.

3. Quoters are advised to carefully review the RFQ’s quotation package required submittals specified in this document. Missing, incomplete, or ambiguous information may result in unfavorable evaluation for that factor and may not be considered for award. The Government reserves the right to award to other than the lowest priced offer. It is the quoter’s responsibility to ensure completeness of the quotation package being submitted, so please be sure to read through the complete instructions.

4. All questions must be submitted in writing to Kim Yen Tu (Kimyen.N.Tu@usda.gov ). NO PHONE INQUIRIES WILL BE TAKEN. Submit questions no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and amend the solicitation if necessary.

5. A prospective contractor may be requested to provide additional information to assist the Government in making a responsibility determination (FAR Subpart 9.1).

6. The U.S. Department of Agriculture (USDA) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐069271).

7. There will be two days provided for an on-site visit available to all vendors that are interested. Please be sure to call or email the POC below if your company plans to attend the on-site visit. Contractor must bring with them a current Picture ID. Visitors must be escorted. Please be there within the allotted time for your on-site visit.

Date of Visit: 12/11/2024, 09:00AM - 2:00 PM and or 12/20/2024, 09:00AM – 2:00PM

Location: USDA APHIS PPQ Palm Bay Drive Orlando, FL 32824

Quoters are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Note: No guns or weapons are allowed on or in a Federal Building/Office property (permit to carry does not waive this requirement). On-Site Point of Contact:

Phillip J. Russell Supervisory PPQ Officer 407-517-7960 phillip.j.russell@usda.gov mailto:Kimyen.N.Tu@usda.gov mailto:phillip.j.russell@usda.gov

8. A COMPLETE QUOTE MUST INCLUDE THE FOLLOWING INFORMATION:

☐ Fill in and sign first page of SF 1449 (17a, 30a-c)to accept all terms and conditions in the solicitation.

Contactor must also acknowledge all amendments to the solicitation by signing SF30 when applicable.

☐ Provide proof of active SAM registration at the time of solicitation response date/time

☐ Fill in Pricing Schedule (Section 1.0).

☐ Submission Requirements for Technical Capabilities must provide at minimum the following information:

1. Past Performance References. Quoters must include point of contact information (name, address, telephone, email, description service provided) of at least two references that have received similar services.

2. Narrative Statement of Capability that describe the following:

o Personnel and resources available to begin work expeditiously and their qualifications. This include information of contract manager (2.3 Contract Manager/Supervision), supervisory plans/oversight of employees, number of custodial cleaners that will be assigned to this requirement, and available equipment & supplies.

o How quality assurance will be conducted, including contractor surveillance and inspection.

o Experience with biobased cleaning products/materials, etc.

1.0 PRICE SCHEDULE

BASE CONTRACT YEAR: 1 Feb 2025 – 31 Jan 2026

Item Description Quantity Unit Unit Price Total 0001 Janitorial Services per SOW 12 MO 0002 Quarterly Clean Windows (Insid and Outside)

4 EA

0003 Annual Floor Stripping and New Wax applied

1 EA

SUBTOTAL

OPTION YEAR ONE: 1 Feb 2026 – 31 Jan 2027

1001 Janitorial Services per SOW 12 MO 1002 Quarterly Clean Windows (Insid and Outside)

4 EA

1003 Annual Floor Stripping and New Wax applied

TOTAL

OPTION YEAR TWO: 1 Feb 2027 – 31 Jan 2028

2001 Janitorial Services per SOW 12 MO 2002 Quarterly Clean Windows (Insid and Outside)

4 EA

2003 Annual Floor Stripping and New Wax applied

OPTION YEAR THREE: 1 Feb 2028 – 31 Jan 2029

3001 Janitorial Services per SOW 12 MO 3002 Quarterly Clean Windows (Insid and Outside)

4 EA

3003 Annual Floor Stripping and New Wax applied

OPTION YEAR FOUR: 1 Feb 2029 – 31 Jan 2030

4001 Janitorial Services per SOW 12 MO 4002 Quarterly Clean Windows (Insid and Outside)

4 EA

4003 Annual Floor Stripping and New Wax applied

TOTAL for all periods

1.1 Contractor shall furnish all the needed personnel, transportation, material, equipment, to perform the required services.

1.2 Work under this contract may require members of the Contractor’s work force to perform work in multiple counties. The Service Contract Act wage decisions referenced below are also incorporated in full text as an attachment. The contractor is responsible for maintaining the records required in accordance with 52.222-41 “Service Contract Labor Standards.” If any Service Contract Act covered employee works under more than one wage determination in each workweek, the certified payrolls for that week shall identify which hours were worked under each of those wage determinations. In the event of a conflict as to the type of work or place of performance of that work, the wage classification (and rate) resulting in the highest rate of pay/fringe benefits to that employee will apply. Applicable Wage Decisions:

Wage Determination No. 2015-4553 REV. 27

2.0 PERFORMANCE WORK STATEMENT

2.1 Background

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection Quarantine (PPQ) shall award a firm fixed price commercial services contract for janitorial services at their facility in Orlando, Florida. The purpose of this statement of work is to clearly outline the requirements of the janitorial service needed for the facility. The Contractor shall furnish all management, supervision, qualified custodial employees to provide janitorial services in accordance with the requirements specified herein. Approximately Total space is 8,000 Sq. Ft. The facility has 1 floor, 2 bathrooms, 6 office rooms, and 1 conference rooms

Location Address: USDA APHIS PPQ Palmbay Drive Orlando, FL 32824

This is a commercial service contract for nonpersonal services. The Government must not exercise any supervision or control over the contract service providers performing the services specified. Contract personnel must be accountable solely to the Contractor who, in turn, is responsible to the Government.

2.2 Period of Performance

The period of performance I will be for a base period of one year with four (4) 12-month options to renew.

Base - 02/01/2025 – 01/31/2026 Option Year 1 - 02/01/2026 – 01/31/2027 Option Year 2 - 02/01/2027 – 01/31/2028 Option Year 3 - 02/01/2028 – 01/31/2029 Option Year 4 - 02/01/2029 – 01/31/2030

The Contractor must be notified by written notice within 30 days contract anniversary date of the USDA’s intent to renew the contract.

2.3 Contract Manager/Supervision

The contractor shall provide a qualified and capable contract manager who is the main point of contact for this contract and shall be responsible for the performance of the work under this contract as well as supervision of the custodians. The name, address and telephone number of this person and an alternate or alternates who shall act for the contractor when the manager is absent, shall be designated in writing to the PPQ Facilities Manager, Physical Security Specialist and Contracting Officer Representative. The contract manager or alternate shall have full authority to act for the contractor on all contracted matters relating to the daily operation of this contract.

2.4 Government Furnished Supplies

The Government will furnish hand paper towels, toilet paper, and hand soap for the contractor.

2.5 Contractor Furnished Property/Supplies

The Contractor will furnish all necessary supplies to perform cleaning service to include, but not limited to: disinfectant, cleanser, floor wax, floor stripping solution, furniture polish, floor cleaner, glass cleaner, cleaning towels, trash liner, disposal bags, urinal cake and equipment required to perform services stated in the statement of work for the cleanliness of the building: floor buffers, buffer heads, wax striping heads, carpet cleaning machines and supplies, mops, brooms, and dusters.

2.6 Duties/Tasks

2.6.1 Twice Weekly Services

Upon award, the contractor and PPQ will coordinate to what day of the week the services listed under this section will be performed.

A. Office/Open Spaces

• Collect and remove all trash from the building.

• Replace plastic waste basket liners as necessary.

• Vacuum all carpet in offices and reception area.

• Dust desk, chairs, tables, and all other office furniture.

• Dust windowsills, ledges and other flat surfaces. (vendor is not to move or displace any items on surface to be cleaned)

• Spot clean water cooler.

• Spot clean doors, door frames and light switches.

• Wipe clean lunchroom tables, counters and chairs.

• Sweep and mop tiled and concrete floors.

B. Restrooms

• Restock restroom supplies (toilet paper, paper towels and hand soap.

• Sanitize and clean sinks, toilets and fixtures with disinfectant.

• Wipe wall areas around sinks and towel dispensers.

• Clean all glass and mirrors.

• Empty trash containers and replace liners, as necessary.

• Wipe fingerprints from door, woodwork and light switches.

• Sweep and mop floors with disinfectant.

• Dust flat surfaces.

2.6.2 Quarterly Services

Contractor is responsible for cleaning all windows inside and out. The contractor and PPQ will agree on date for this to occur.

2.6.3 Annual Services

Contract is required to strip and wax 1350sqft of floors. The contractor and PPQ will agree on date for this to occur.

2.7 Performance Requirements

Upon award of this contract, it is required that the contractor adheres to the Performance Work Statement and all duties/tasks must be done expeditiously and on schedule. The tasks required in the Statement of Work (SOW) are as follows:

A. The janitorial services must be performed in such a manner that there will be minimal interruptions to or interfere with the normal operation of Government business on the premises.

B. Services must take place between the hours of 5:00 p.m. – 11:00 p.m. on Monday – Friday.

Contractor employees must not allow any unauthorized person in the building. Contractor employees must ensure exterior doors are kept closed at all times while employees are working in the buildings and must comply with facility security policies. Contractor will be required to sign in and out on a log sheet at the facility. Log sheets will require contractor to include the following information:

• Date of Performance

• Full name of all custodial cleaners who performed services

• Time stamp of when cleaners came in

• Time stamp of when cleaners left facility

• Include any pertinent notes: Tasks unable to complete and any damages/issues observed within facility that affects services being performed.

C. The Contractor must not disturb or use equipment, office machines or Government supplies.

Contractor employees must not disturb papers on desks, open desk drawers or cabinets or use telephones or equipment provided for official government use. Employees will remove everything on their work desks, workstations, benches, near or behind microscopes, computers, computer screens, and printers to facilitate the janitorial employees to complete daily dusting on any work desk, workstations, cabinets, inspection tables and counters. If items are not removed from the desk, it will not be cleaned.

D. The contractor shall be liable for any damages, losses, or injuries to people, property or animals that may occur as a result, directly or indirectly, from its work performed while under contract with USDA. The contractor shall immediately notify the COR and/or the designated Technical Representative of any damages, losses, or injuries occurring during the performance of the contract.

E. No work must be performed on weekends unless specifically indicated on this document and written approval from the USDA Contracting Officer is obtained; or in the case of government operational changes and work scheduling to service the industry and agency customers. When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

F. When the facility is closed by the government during periods of inclement weather or for other reasons, such as administrative leave as a result of potentially hazardous conditions, such as fires, explosions, or other security level alerts, the Contractor must not be allowed access.

Payment of the Contractor must be made for work stoppage due to inclement weather, and/or temporary closing of the Government facility during periods of inclement direction and provide that the contractor pays the employees for those days.

G. The janitorial services will meet all standards of cleanliness, which will reflect good housekeeping, determined by the on-site representative or PPQ Facilities Manager.

2.8 Quality Assurance

The contractor must have a system in place to make sure that services conform to the contract requirements and that the work done meets high standards of quality. Contractor quality assurance plan submitted with the quote will be incorporated into the contract.

All work under this contract must be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

Should the contractor fail to successfully perform any of the cleaning deliverables outlined in this PWS, the contractor must re-perform at no cost to the government. If failure to perform continues, and the contractor does not maintain a consistent corrective action, the Government may require the personnel to be removed from the site or termination of the contract.

2.9 AGAR 452.204-71 Personal Identity Verification of Contractor Employees (Nov 2024)

A. The contractor must comply with the personal identity verification (PIV) policies and procedures established by the United States Department of Agriculture (USDA) Directive 4620-002.

B. Anyone requiring routine physical access to Federally controlled facilities and/or routine access to Federally-controlled information systems must have a successful Tier 1 BI to serve on a contract (example: cleaning crew that requires routine access but not access to information systems will require a Tier 1 BI and LincPass/Site Badge). The BI includes identity proofing and registration, a National Agency Check with (Written) Inquiries (NACI) or Office of Personnel Management (OPM)/National Security (NS) community background investigation (BI).

C. Should the USDA Directive 4620-002 require the exclusion of a contractor's employee, the

Contracting Officer will notify the contractor in writing.

D. The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directive 4620-002 and to maintain a list of employees eligible for a USDA LincPass or Site Badge required for performance of the work.

E. The responsibility of maintaining a sufficient workforce remains with the contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass or Site Badge. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass or Site Badge may be grounds for termination of the contract.

F. The contractor must insert this language in all subcontracts when the subcontractor is required to unaccompanied physical access to a Federally controlled facility and/or routine unaccompanied access to a Federally controlled information system.

G. The PIV Sponsor for this contract is a designated program point of contact, Benjamin DeGama.

The PIV Sponsor will be available to receive contractor identity information from 8 am Monday - Friday to 3pm. Please reach out to the COR to coordinate. The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

2.10 Biobased Reporting

All supplies and materials must be of a type and quantity that conform to applicable Federal specifications and standards and must include the use of biobased products. The Contractor must utilize the greatest number of biobased products available and report those purchases annually as described in Clause 52.223-2 of this contract.

2.11 Bio-Preferred Products

The Contractor must comply with Sections 9002 of the Farm Security and Rural Investment Act of 2002 to give preference to the purchase and use of biobased products.

The Contractor shall also comply with Clause 52.223-23 – Sustainable Products and Services AND The Contractor shall also comply with Clause 52.223-2 – Reporting of Biobased Products in Service and Construction Contracts. The Contractor shall also comply with the provision at FAR 52.223-1, Biobased Product Certification

The Contractor shall utilize products made from biobased materials. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). The following table is an example of USDA-designated categories of products that should be used in this contract.

The table shows the minimum biobased content percentage for products within the category to qualify for purchasing under the federal procurement preference. See the complete list of categories designated by USDA.

Biobased Product Category Minimum Biobased Content General Purpose Laundry Products 34% Laundry Pretreatment and Spot Removers 46% Rug and Floor Mats 23% Adhesive and Mastic Removers 58% Air Fresheners and Deodorizers 97% Bathroom and Spa Cleaners 74% General Purpose Carpet/Upholstery Cleaners 54% Carpet and Upholstery Spot Removers 7% Cleaning Tools 22% Floor Cleaners and Protectors 77% Floor Strippers 78% Laundry Dryer Sheets 90% Furniture Cleaners and Protectors 71% Glass Cleaners 49% Graffiti and Grease Removers 34% Leather, Vinyl, and Rubber Care Products 55% Microbial Drain Maintenance Products 45% General Microbial Cleaning Products 50% https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

Biobased Product Category Minimum Biobased Content Multipurpose Cleaners 56% Shopping and Trash Bags 22%

2.12 Contract Administrative

2.12.1 Invoicing

Invoices must be submitted through the Invoice Processing Platform (www.ipp.gov). Payments will be made according to the firm fixed prices established in the contract. Invoices must be submitted in arrears and prepared in accordance with FAR 52.212-4(g).

2.12.12 Government Point of Contracts

Michael Mulligan 352-313-3047 office Michael.j.mulligan@usda.gov

Phillip Russell 407-517-7960 office 407-832-0373 cell Phillip.j.russell@usda.gov

Benjamin DeGama Office: 954-233-5191 Cell: 954-395-9813 Benjamin.Degama@usda.gov

2.12.3 Contracting Officer’s Representative

The Contracting Officer will designate in writing a Contracting Officer’s Representative (COR) to assist in monitoring the work under this contract. The COR is responsible for the technical administration of the contract and technical liaison with the Contractor. The COR is not authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance, or other terms and conditions. The Contractor will receive a copy of the COR designation letter outlining the role and responsibilities of the COR.

mailto:Michael.j.mulligan@usda.gov mailto:Phillip.j.russell@usda.gov mailto:Benjamin.Degama@usda.gov

3.0 CONTRACT CALUSES AND PROVISIONS

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/these address(es): Home | Acquisition.GOV

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (MAY 2024)

Clauses Incorporated by Full Text

52.204-9 Personal Identity Verification of Contractor Personnel. (Jan. 2019)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (Nov 2024)

(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

__ (6) [Reserved].

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

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

_X_ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L.

115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

_X_ (12) 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_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim

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

__ (16) 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).

__ (17) [Reserved] _X_ (18)

(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.

__ (19)

(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.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21)

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

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

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

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

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

__ (22)

(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_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

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

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

__ (27) 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)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

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

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (35) (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__ (36) (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_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39) (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).

https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50

_X_ (40) 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.)

__ (41)

(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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

_X_ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

_X_ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

_X_ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47)

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

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

__ (48)

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

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

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 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 (Feb 2024) of 52.225-3.

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

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

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

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

X__ (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).

https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim

_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).

_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.

3901 note prec.).

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

__ (65)

(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).

B2 Wage Determination No. 2015-4553 REV. 27 _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 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.232-36#FAR_52_232_36 https://www.acquisition.gov/far/52.239-1#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7 to the work terminated shall be made available for 3 years after any resulting final termination settlement.