B08_SOL__140D0426R0022_0001.pdf

DENALI COMMISSION

STRATEGIC PLANNING REPORT

COMBINED SYNOPSIS/SOLICITATION

FOR COMMERCIAL ITEMS

140D0426R0022

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

Combined Synopsis / Solicitation

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STRATEGIC PLANNING REPORT

SECTION I

GENERAL

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

1.1 General

This requirement is being issued by the Department of the Interior (DOI)/Interior Business Center, Acquisition Services Directorate (AQD), under the franchise authority, on behalf of the Denali Commission (Denali). AQD is issuing this Request for Proposal (RFP) for the purpose of entering into a contract using Part 12, 13, and 19.5 of the Federal Acquisition Regulation (FAR).

1.2 Notice of Small Business Set-Aside

In accordance with FAR 52.219-6, this is a notice that this RFP is a total set-aside for small business concerns. Only proposals submitted by small business concerns will be accepted by the Government. Any proposals submitted by a contractor that is not a small business will not be considered for award.

1.3 Eligibility

The North American Industry Classification System (NAICS) code for this contract is 541690 “Other Scientific and Technical Consulting” which has a small business size standard of $19 million.

1.4 Submission of Questions

Questions related to this RFP package must be an electronic copy in Excel (Attachment 3 Q&A Spreadsheet) submitted no later than 2:00 P.M. current Eastern Time, January 30, 2026 to Bridgette Ornelas at bridgette_ornelas@ibc.doi.gov. Any questions received after the previously specified cut-off date and time may not be accepted or answered. Phone calls will not be accepted. Questions with the Government’s responses will be posted on System for Award Management (www.sam.gov) via amendment to this RFP. Please be advised that the Government reserves the right to transmit questions and answers of a common interest to all prospective Contractors. All e-mail inquiries must have “Question(s) – RFP # 140D0426R0022” included in the subject line.

1.5 Proposal Due Date

Proposals submitted in response to this RFP shall be received no later than 2:00 PM current Eastern Time, February 17, 2026, in order to be considered for award. See section 4 for submission instructions.

mailto:bridgette_ornelas@ibc.doi.gov

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1.6 Anticipated Award Type

The Government anticipates the award of a Firm-Fixed-Price (FFP) type contract. The Government anticipates travel, which will be reimbursed at actual cost.

1.7 Place of Performance

The contractor is permitted to work remotely and participate in meetings virtually. All remote and virtual work must comply with applicable Government policies and regulations.

1.8 Federal Holidays

Denali offices are closed on Federal Holidays.

All federal Government holidays observed can be found on the OPM, Pay and Leave site at the following address: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/.

Additionally, the Government may recognize any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation.

1.9 Administrative Points of Contacts

Contracting Officer (CO):

Bridgette Ornelas Acquisition Services Directorate Interior Business Center U.S. Department of the Interior Email: bridgette_ornelas@ibc.doi.gov

Contracting Officer’s Representative (COR):

[To be inserted at time of award.]

1.10 KEY PERSONNEL

Contractor Program Manager

The contractor shall provide an experienced Program Manager for the management and performance of this order.

Program Manager

[To be inserted at time of award.]

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For the proposed key personnel, a resume is required. Prior work experiences shall be specific and of sufficient variety and duration that the employee is able to perform effectively and efficiently the functions assigned. Key personnel must be employees of the Prime Contractor.

Key Personnel Definition

Certain skilled experienced professionals or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as "Key Personnel" and are those person(s) whose resume(s) were submitted and marked by the contractor as "Key Personnel".

During the first ninety (90) days of performance, no substitutions shall be made of accepted key personnel except for sudden illness or death, or termination of employment. The Government shall accept substitutions only if in compliance with the “Substitution of Key Personnel" terms identified below.

Substitution of Key Personnel

All contractor requests for approval of substitutions hereunder shall be submitted in writing to the COR and the CO at least thirty (30) calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the CO and/or COR. Proposed substitutes should have comparable qualifications to those of the person(s) being replaced. The COR and the CO will evaluate such requests and promptly notify the contractor of approval or disapproval in writing.

Key Personnel resumes shall include the following:

a. Name of person;

b. Proposed position, function, or role;

c. Proposed labor category;

d. Education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

e. Experience (including, in reverse chronological order, area(s) of work in which a person is qualified, company and title of position, approximate starting and ending dates (month/year), concise descriptions of experience for each position held);

f. Specific experience related to the requirements of the position, specific experience on projects of similar size/scope/complexity/functionality, and specific experience related to requirements of this SOW;

g. Technical Certifications applicable to the position to be filled; and

h. Certification that the information contained in the resume is correct and accurate

(including signature of person and date signed).

Non-Personal Services and Identification of Contractor Employees

This contract is a “non-personal services contract” as defined in FAR 37.101 under which the personnel rendering the services are not subject, either by the contacts terms or by the manner of

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its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

Personnel assigned to render services under this contract shall at all times be employees of the contractor (or a subcontractor) and under the direction and control of the contractor.

Notwithstanding any other provisions of this contract, the contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder.

The contractor and/or the contractor’s employees: (1) shall perform the services specified herein as an independent contractor, not as employees of the Government; (2) shall be responsible for management and administration of the work required and bear sole responsibility for complying with all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any Government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the Government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO, as is necessary to ensure accomplishment of the contract objectives.

If the contractor finds clarification necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder, the contractor shall request clarification from the CO in writing.

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SECTION 2

PRICICING

2.1 Contract Line Item Number (CLIN)

CLIN Description Total Invoice Amount

00010 Weekly Comprehensive Strategic Planning Sessions (Firm-Fixed Price)

$TBD* $TBD*

00020 Seven Comprehensive Reports and Analysis (Firm-Fixed Price)

$TBD $TBD

00030 OPTIONAL: Up to four (4) site visits to Alaska (AK) and Washington, D.C.

(Time and Materials; Not-to-Exceed)

$TBD* $TBD*

Base Year Total $TBD*

$TBD*

00110 Option Year 1: Weekly Comprehensive Strategic Planning Sessions (Firm- Fixed Price)

$TBD* $TBD*

00120 Option Year 1: Seven Comprehensive Reports and Analysis (Firm-Fixed Price)

$TBD $TBD

00130 Option Year 1: OPTIONAL: Up to four

(4) site visits to Alaska (AK) and Washington, D.C. (Time and Materials;

Not-to-Exceed)

$TBD* $TBD*

Option Year 1 Total

$TBD* $TBD*

00210 Option Year 2: Weekly Comprehensive Strategic Planning Sessions (Firm- Fixed Price)

$TBD* $TBD*

00220 Option Year 2: Seven Comprehensive Reports and Analysis (Firm-Fixed Price)

$TBD $TBD

00230 Option Year 2: OPTIONAL: Up to four

(4) site visits to Alaska (AK) and Washington, D.C. (Time and Materials;

Not-to-Exceed)

$TBD* $TBD*

Option Year 2 Total

$TBD* $TBD*

Total Contract Value

$TBD* $TBD*

[* = The offeror shall provide these dollar amounts in the price proposal.]

Note for line items labeled Optional CLIN:

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“Optional CLIN” line items (i.e., CLIN 00030, 00130, 00230) may be exercised unilaterally by written notice from the Contracting Officer (CO) to the contractor in accordance with the local clause entitled, “AQD Local Clause – Exercise of Optional CLINs”.

Note for the exercise of Options:

All designated Option Period line items, including any Optional CLINs, may be exercised unilaterally by written notice from the CO to the contractor in accordance with the terms of FAR 52.217-9 – Option to Extend the Term of the Contract. If the Government plans to exercise any Optional CLINs, the CO will notify the contractor in writing in accordance with the terms of

FAR 52.217-9.

2.2 Performance Work Statement

Refer to Attachment 1 for the Performance Work Statement (PWS).

2.3 Period of Performance

The Government intends to award a contract with a 12-month base period, followed by two (2) 12-month option periods. In accordance with FAR 52.217-8, Option to Extend Services, the Government may exercise up to six (6) additional one-month extensions.

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SECTION 3

TERMS AND CONDITIONS

3.1 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (February 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's

IPP.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov .

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]:

1. Contractor Name

2. Contractor Address

3. Order No.

4. Invoice date and number

5. Billing period for services performed

6. Description of deliverable

7. Price of deliverable

8. Date deliverable was provided to the Government for inspection

9. Date deliverable was approved and accepted by the Government

10. Travel – All receipts that clearly document billed costs

The contractor is responsible for ensuring invoices submitted are accurate and complete. Travel shall be reimbursed in accordance with FAR 31.205-46 and the instructions at Local Clause:

Contractor Travel (Apr 2017) at 3.7.2.6 (to include travel voucher, receipts, and fraudulent claims statement).

Additional supporting documentation may be requested at the discretion of the COR or CO.

Failure to comply with required invoice documentation will result in invoice rejection.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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proposal or quotation.

(End of Local Clause)

3.2 Final Invoice Closeout of the Contract:

a. The contractor shall submit a final invoice, designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

b. The contractor shall provide a certificate of completion that certifies all services have been provided as required by the contract.

(End of Local Clause)

3.3 Inherently Governmental Functions:

The contractor will not perform any functions that are considered Inherently Governmental Functions (see FAR 7.503). If at any time the services being provided appear to be inherently Governmental in nature, the contractor will contact the CO and COR regarding the work so that appropriate decisions can be made in how to resolve the problem. Within twenty-one (21) calendar days of award of the contract, the contractor will ensure the staff has been informed about inherently Governmental functions.

(End of Custom Clause)

3.4 Payment for Unauthorized Work:

No payments will be made for any unauthorized supplies and/or services or any unauthorized changes to the work specified herein. This includes any services performed by the contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

(End of Custom Clause)

3.5 Contractor Travel (APR 2017):

a. General:

1. The contractor will be required to travel under this contract to various locations as directed by the Contracting Officer’s Representative (COR). Reimbursement of travel expenses are limited to those expenses incurred by the contractor’s employees in a COR approved travel status only. The contractor is not authorized to make travel arrangements or incur expenses on behalf of Federal employees, military or civilian, during performance of this contract. Requests for reimbursement of these unauthorized expenditures shall be rejected.

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NOTE: Failure to comply with any documentation requirements identified in this clause could be a basis for rejection of the Contractor’s claim for travel reimbursement.

2. The contractor shall maintain a policy that requires its employees to adhere to sound business judgment and to ensure practices that epitomizes good stewardship of the taxpayer dollar when determining the need to expend funds in support of travel. This clause defines the limits of contractor reimbursable expenses incurred when in a travel status in support of a Government contract issued by the Acquisition Services Directorate. Unless expressly stated in this clause, expenses incurred by contractor personnel in an authorized travel status that are not authorized for reimbursement in accordance with this clause shall be the responsibility of the traveler as a personal expense.

b. Definitions:

“Official station” means an area defined by the contracting office that includes the location where the employee regularly performs his or her duties or regular place of business. The area may be a mileage radius around a particular point, a geographic boundary, or any other definite domain, provided no part of the area is more than 50 miles from where the employee regularly performs his or her duties. If the employee’s work involves recurring travel or varies on a recurring basis, the location where the work activities of the employee’s position of record are based is considered the regular place of work.

“Official travel” means travel under an official travel authorization from an employee’s official station or other authorized point of departure to a temporary duty location and return from a temporary duty location or between two temporary duty locations.

c. Applicability: This clause is applicable to this contract which authorizes contractor travel and the contractor’s employee must be in an official travel status. Travel expenses will be reimbursed to the contractor in accordance with FAR 31.205-46 and the instructions contained within this section upon submission of proper documentation with the contractor’s invoice.

d. Travel authorizations: All travel shall be approved and dated by the COR prior to commencement of travel. When requesting approval by the COR, the contractor shall submit the following information to the COR in writing:

• Name(s) of traveler(s)

• Dates of travel

• Purpose of travel

• Travel itinerary (include all locations where duties will be performed by the traveler or there will be overnight stays)

• Whether a rental car will be required

• Identify any special requirements with justification of the traveler (e.g., requirement for a mid-size rental car; medical justification for other than economy class airfare)

• Estimated cost (breakdown via airfare, lodging, rental car, mileage, meals & incidentals, parking, etc.)

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The Government recognizes that the travel itinerary can change while a traveler is on travel through a Government directed change. In those instances, only the COR or Contracting Officer can direct such a change and the change must be in writing prior to the traveler undergoing the modification to the approved itinerary. No other Government official has the authority to direct the contractor traveler to deviate from the approved itinerary.

e. Air/Rail Transportation: Upon approval of a travel authorization, the contractor shall make every effort to obtain transportation accommodations as quickly as possible in an effort to secure the best rates possible for the travel.

1. Contractor personnel must use economy-/coach-class transportation accommodations unless there are extenuating circumstances to allow for other than economy-/coach-class transportation per applicable travel regulation. Contact the Contracting Officer if such conditions exist prior to travel. Contractor personnel may upgrade their transportation accommodations at no cost to the Government through a personal or Contractor managed program; however, the Government will only reimburse the Contractor at the economy- /coach-class rate.

2. Due to airlines charging a variety of rates using the same transportation accommodations depending on when tickets are purchased and routes travelers fly to their destinations, Contractors shall comply with the following for reimbursements:

i. The Contractor traveler shall include with their travel voucher (described below) a receipt for their actual ticket used for the travel at the higher accommodation level used.

ii. The Contractor traveler shall also include an economy-/coach-class price quote dated the same date of purchase as their actual tickets from the same airline for the same dates of travel and for the same route of travel.

3. Failure to provide this documentation could forfeit reimbursement of the air/rail transportation charges.

f. Rental Cars: If a rental car is required, the lowest cost rental car that meets mission requirements must be selected. The COR may authorize/approve an appropriately sized vehicle in accordance with mission requirements prior to travel when the “compact car” (the standard for rental cars under this contract) does not meet the requirement. Purchases for fuel are an authorized reimbursable expense.

g. Lodging:

1. Continental United States (CONUS): Contractors shall obtain lodging from any place listed on the national master list of approved accommodations published in the Federal Register by FEMA at https://apps.usfa.fema.gov/hotel/. Contractors shall obtain rates that do not exceed the maximum lodging rate for the destination location.

2. Outside Continental United States (OCONUS): Contractors shall obtain lodging from

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locations authorized by local authorities deemed appropriate for U.S. citizens (e.g., Embassy, military commanders, etc.) at rates that do not exceed the maximum allowed lodging rates. However, if accommodations cannot be secured within the maximum allowed lodging rates, the COR shall be notified immediately. The COR may provide an actual expense authorization in such circumstances or direct the traveler to move to another authorized lodging location.

3. Lodging taxes: The lodging taxes charged while staying in CONUS location are excluded from the lodging allowance and are reimbursed as a miscellaneous expense. However, in OCONUS locations, lodging taxes are included in the lodging allowance and are not considered a miscellaneous expense.

h. Meals and Incidental Expenses (M&IE): These allowances cover expenses for breakfast, lunch, dinner and related tips and taxes. Fees and tips given to porters, baggage carriers, hotel staff, etc. are also included in these expenses. Alcoholic beverages, entertainment expenses, and any other expenses incurred for other persons (e.g., purchasing meals for others) are specifically excluded. If one or more meals are included as part of a conference fee, then the daily M&IE rate shall be adjusted accordingly to accommodate for the provided meal in accordance with the Federal Travel Regulation. M&IE is not authorized when duration of travel is 12 hours or less.

i. Local Travel: Reimbursement for local travel of official business in support of this contract may be authorized on a limited basis. Local travel is considered within the city or metro area in which the contractor is established to conduct business. Expenses are calculated between the employee’s regular place of work and another place of business or Government building. Reimbursable expenses associated with local travel are as follows: taxi fees, commercial transportation fees (e.g., bus or subway), mileage, tolls, and/or parking fees.

j. Miscellaneous Expenses: The Government will reimburse the following miscellaneous travel expenses:

1. Change fees: When the Government requires the contractor to change the traveler’s air/rail transportation itinerary, change fees charged are an authorized expense.

2. Taxi or shuttle service: Use of a taxi or shuttle service is authorized in the performance of official travel in the following manner: residence to/from airport; residence to/from office on the day travel you depart/return on/from official travel; from the transit system station (e.g. airport) to your place of lodging or place of official business and return; to, from and between your places of lodging and official business; to obtain meals at the nearest available establishment when the nature and location of the official business or lodging are such that meals cannot be obtain in another manner (a statement must be attached to your request for reimbursement). In all cases, the traveler shall use a hotel’s courtesy transportation service to the maximum extent possible as the first source of transportation between a transit system and hotel.

3. Laundry, cleaning and pressing of clothing: Expenses incurred for laundry, cleaning and

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pressing of clothing are reimbursable as a miscellaneous travel expense at CONUS locations but the traveler must incur a minimum of four (4) consecutive nights of lodging to qualify for this expense. Laundry and dry cleaning expenses are not allowed for OCONUS locations.

4. Internet access fees: Provided access is required for the conduct of official business only.

5. Baggage expenses: Expenses related to baggage is authorized when charged by the carrier as part of the first checked bag. Charges for the second and subsequent bags may be reimbursed when determined necessary by the COR and must be approved in advance.

6. Parking fees: When lodging facilities charge an additional fee for parking of vehicles on their property, these fees are reimbursable.

7. Passport and/or visa fees: When contract performance requires travel to foreign countries and the contractor employee is required to obtain a passport or pay a visa fee, these fees are reimbursable. Other related fees may apply.

k. Non-reimbursable Expenses: The Government will not reimburse the contractor for any expenses not specifically authorized elsewhere in this clause. Some examples of expenses that are non-reimbursable are as follows:

1. Travel or traveler insurance

2. Parking or moving violation fines

3. Seating or accommodation upgrades

4. Losses covered by insurance

5. Valet services

6. Entertainment expenses (e.g., hotel movies)

l. Receipts: Receipts are required for hotels (regardless of amount) and any single expenditure exceeding $75. Consolidated receipts (e.g., a receipt summarizing multiple expenditures such as airfare, hotel and rental car) from package deals are not acceptable because a determination whether each of these costs are within allowable limitations cannot be made. If the traveler is missing a receipt or a receipt was not obtained, the traveler shall provide an acceptable reason explaining why they were unable to furnish the necessary receipt(s). If there are extenuating circumstances resulting in unusual charges to the Government, the traveler shall also include additional documentation explaining the charges and provide receipts justifying the amounts being charged.

m. Travel Vouchers: Submission of a proper travel voucher is vital to ensuring an invoice for travel reimbursement is accepted. Failure to comply with any requirement may result in the contractor’s invoice for travel reimbursement to be rejected. It is the responsibility of the contractor to ensure travel vouchers comply with the submission requirements of this section.

1. Invoicing for reimbursements shall be made not later than 90 days after completion of the travel as any request for reimbursement after that time shall be deemed untimely and

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rejected. The Contracting Officer may but is not required to allow payment of travel reimbursements exceeding the 90 day limit if the initial invoice had previously been rejected. Merely not having receipts to submit is not a valid reason for exception to this 90 day period.

2. A travel voucher shall be submitted for each person and for each trip being invoiced. If one employee takes two trips during a monthly billing cycle, then the contractor shall submit two travel vouchers with their invoice. Similarly, if three employees take a single trip, the contractor shall submit three travel vouchers with their invoice (one for each traveler).

3. A travel voucher shall contain the following items at a minimum:

i. Name of traveler,

ii. Contract number,

iii. Inclusive dates of travel,

iv. The location of the traveler at the end of each day of travel,

v. Itemized list of ALL expenses (lodging, M&IE, rental car, etc.) with associated costs,

vi. Fraudulent claims statement, and

vii. Signature of the traveler.

The fraudulent claims statement included on the travel voucher shall state the following:

“By signing this form, I understand that the expenses included herein are actual expenses incurred during performance of the referenced contract and any misrepresentation may subject myself to criminal penalties if I knowingly presents a false, fictitious, or fraudulent travel claim under 18 U.S.C. 287 and 1001.”

4. Included with the travel voucher, the contractor shall include a copy of the travel authorization (approved and dated by the COR) unless voucher is for local travel and the following additional documentation as applicable:

i. Receipts (see section (l) above),

ii. Exchange rates used by the traveler’s bank when settling purchases made during transactions in foreign countries (this is supported by including a copy of the traveler’s bank statement),

iii. Documentation of any special approvals (e.g., COR approval of mid-sized rental car),

iv. Documentation explaining unusual circumstances for items being expensed to the

Government, and

v. Any other documentation required under this clause.

5. If the duration of the travel is less than 60 continuous days, a single travel voucher shall capture ALL costs associated with the trip. Contractors shall not split reimbursements for any costs (e.g., airfare only) for the individual’s travel by invoicing for part of the expenses on one invoice followed by invoicing for the remaining costs of the trip on another invoice. This includes circumstances whereby travel crosses a contractor’s monthly billing cycle (e.g., end of month). In these circumstances, the contractor will submit the travel

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voucher with their following month’s invoice.

6. If the duration of travel is 60 continuous days or longer, the contractor may submit an interim travel voucher after the 60th day of travel and at the end of the contractor’s billing cycle. Subsequent reimbursements shall be in 30-day increments or until the last day of travel. Under this authority, the contractor shall bill all expenses for the billing period on a single invoice and will not be allowed to bill additional expenses for a previously invoiced month at a later time (e.g., submitting additional travel expenses for the month of April with June’s monthly travel expenses). When invoicing a subsequent 30-day increment, the contractor shall include a copy of previously the submitted and/or paid travel vouchers (back-up documentation for previous travel vouchers is not required).

(End of Clause)

3.6 CLAUSES UNDER THE FEDERAL ACQUISITION REGULATION (FAR)

3.6.1 FAR 52.252-2 – Clauses Incorporated by Reference (FEB 1998)

This contract incorporates the following FAR 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 https://www.acquisition.gov/far/part-52.

The following clauses are incorporated by reference:

FAR Clause Provision Title Clause Date 52.202-1 Definitions. Jun-2020 52.203-3 Gratuities. Apr-1984 52.203-5 Covenant Against Contingent Fees. May-2014 52.203-7 Anti-Kickback Procedures. Jun-2020 52.203-11 Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions.

Sep-2024

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

Jun-2020

52.203-16 Preventing Personal Conflicts of Interest. Jun-2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

Dec-2014

52.232-1 Payments. Apr-1984 52.232-39 Unenforceability of Unauthorized Obligations. Jun-2013

3.6.2 FAR CLAUSES INCORPORATED IN FULL TEXT

NOTE: Be advised that the controlling law regarding certain terms and conditions of this agreement remains unsettled by the Federal judiciary at the time of award and will be enforced only to the extent permitted by law. Notice will be provided regarding the legal outcomes that impact your agreement.

https://www.acquisition.gov/far/part-52

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System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (Oct-2025) (Deviation FEB 2025)

(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:

_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).

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

3509)).

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__ (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].

_X_ (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).

__ (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).

__ (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, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 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].

__ (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 (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) 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.

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__ (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 (Jan 2025) (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).

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

13126).

_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).

_X_ (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 (Oct 2025) (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__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( 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.).

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

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

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) (7 U.S.C.8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

_X_ (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 (Jan 2025) 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).

__ (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).

_X_ (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.

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__ (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:

_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).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

(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

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

(iii) 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)).

(iv) 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).

(v) 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).

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

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

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 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.

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

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

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

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2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Oct 2025) (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).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for…