B08_-_Solic_140F0S26Q0019_-_Live_Fish_Trailer_Coleman.pdf
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- CA-Coleman Fish Hatchery - FISH TRAILER
- Solicitation number
- 140F0S26Q0019
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Summary
This is a Request for Quotation (RFQ) issued by the U.S. Fish and Wildlife Service for the procurement of two (2) 3,000-gallon live fish transport trailers for Coleman National Fish Hatchery in Anderson, California. Solicitation number 140F0S26Q0019 is a small business set-aside under NAICS code 332420 (metal tank and shell manufacturing), with a size standard of 750 employees. The requirement is for one firm fixed-price commercial products contract with a one-year period of performance from the date of award. Electronic quotations must be submitted via email to Robert_sung@fws.gov with the subject line "140F0S26Q0019 – Fish Trailer." Questions must be submitted in writing three days prior to solicitation closing at 10:00 AM PT. No hard copy submissions are accepted.
The trailers must safely transport live fish ranging from federally listed fry (500 fish per pound) to adult broodstock weighing 50+ pounds each across the Sacramento River watershed and Central Valley tributaries for transport periods of five or more hours. Critical performance requirements include maintaining water temperature within ±3°F of target values despite ambient conditions ranging from 30°F to 115°F, with specialized aeration, oxygenation, and temperature control systems to minimize fish stress and mortality. The trailers must be approximately 22 feet 6 inches in length and feature stainless steel construction, DOT-compliant electrical and brake systems, insulation, oxygen control systems with four 15 LPM flow valves, eight 12VDC aerators, three deep-cycle batteries, and comprehensive monitoring/control equipment. Delivery is FOB destination to 24411 Coleman Fish Hatchery Road, Anderson, California 96007. Evaluation will be based primarily on technical acceptability (including past performance demonstrating prior production of comparable 3,000-gallon live fish trailers) and price, with price evaluated for reasonableness but not rated. Award will be made to the responsible offeror with the lowest evaluated price meeting technical standards, without discussions or tradeoffs.
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3,000 gal Live Fish Trailer SOLICITATION NO. 140F0S26Q0019
FWS – Coleman NFH Page 1 of 50
SUPPLIES OR SERVICES AND PRICES
This is a combined synopsis/solicitation for commercial product/ prepared in accordance with the format in Federal
Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice and award. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request For Quote (RFQ). NAICS is 332420 with a size standard of 750 employees.
This document is conducted under the procedures of FAR Parts 12 and 13 incorporating provisions and clauses in effect through the current Federal Acquisition Circular (FAC) 2025-05. This requirement is a Small Business set aside.
This requirement is for one (1) Firm Fixed Price Commercial Products Contract for 3,000 gal live sigh trailer for
Coleman NFH, .
Price Schedule
Item no. Item Description Quantity
Unit of
Measure Unit Price Total
0001 3,000 gal Live Fish Trailer
With Delivery to Coleman
NFH, CA
2 each
GRAND TOTAL $
Email:_____________________________
CAGE:_____________________________
PERIOD OF PERFORMANCE: 1 year from contact award
FWS – Coleman NFH Page 2 of 50
STATEMENT OF WORK
Single-axle semi trailer for live fish transportation of juvenile and adult fish species in the Sacramento River watershed and surrounding areas as part of ongoing conservation and monitoring programs. The trailer is required to ensure reliability, fish health during transport, and compliance with environmental standards, as existing equipment may be outdated or insufficient for current demands. The fabrication will incorporate specialized features for aeration, oxygenation, and temperature control to minimize stress on live fish.
OVERALL LENGTH: Approximately twenty-two feet six inches (22' 6").
PRODUCT: Live Fish
PRODUCT WEIGHT: 8.7 lbs/gallon.
VESSEL CODE: Non-Spec.
OPERATING PRESSURE: Atmosphere.
VACUUM RATING: None (0 in./Hg).
OPERATING TEMPERATURE: One hundred sixty-five degrees Fahrenheit (165° F) maximum.
Negative twenty degrees Fahrenheit (-20° F) minimum
INTENDED AREA OF OPERATION: State of California.
INTENDED USE: Highway and Unimproved roads.
TANK / MANHOLES / VENTING
BARREL:
3000 gallons oval barrel sloped 2-4" on trailer, made of 12 gauge T-304 2B stainless steel.
HEADS: Two (2) each stainless steel, T-304, 12 gauge, air-dished and flanged.
BAFFLE(S): Two (2) each each stainless steel, T-304L, 10 gauge, 2B finish, air-dished and flanged with side vent holes.
18" wide center section, vertical top to bottom removed for access. Each side to stainless steel round bar but welded to center sections Capacity does not include head outage.
RINGS: Stainless steel channel sections, fully welded to shell.
WINGS AND BOLSTERS: Shall be made of stainless steel.
SIDE FILLERS: Stainless steel with coupler plate adjustment rails with extended front for mounting electrical enclosure
WELD FINISH:
INTERIOR: Weld finish to be W-2 inside. Snag and edge free for fish protection EXTERIOR: Weld finish to be W-1 outside.
MANHOLE:
Two (2) each, 20", T-304 stainless steel with a single lug, EPDM gasket and a hinge stop for keeping the lid off the shell when open. Located: Top front and center
FILL HATCH:
FWS – Coleman NFH Page 3 of 50
One (1) each 37" OD 48" outside of flange, T-304 stainless steel full opening hatch with aluminum lid. Watertight, located top rear of tank. Opening to be able to support 8,000 lbs. Ref service order 68933
VENTING:
Two (2) each 4" Red Top Waterman aluminum body vents with shutoff ball assembly and hood located at top of tank. One at front and one at rear
INSULATION:
Barrel is insulated with 3" Polystyrene foam sheets, fiberglass at heads, ring tape at all rings.
JACKETING:
Belly wrapped 24 gauge bright finish stainless steel with lapped seams.
Jacket heads to be 20 Gauge stainless steel Cone style, lock seamed to jacket.
SIGHT TUBE:
One (1) each 3/4" vinyl sight tube with 3/4" shut-off tee at bottom located at upper 1/2 of rear head.
LADDERS / WALKWAYS / SPILLDAMS
WALKWAY:
One (1) 11-3/4" wide aluminum fold down (see customer provided pictures) Located below top fill curb side
GRAB RAIL:
Stainless steel, attached to tank at curbside above the walkway, 10 oClock prox
LADDER:
One (1) aluminum tubular, multi-purpose ladder assembly, with West-Mark heavy duty slip resistant steps located at roadside rear of walkways.
PLATFORM WALKWAY:
12" Wide aluminum non-slip platform walkway, off rear head
LIGHTS AND WIRING
ELECTRICAL SYSTEM:
System shall be 12-volt, 7-way, and vapor proof. All lamps to be L.E.D. type and locations shall meet all D.O.T.
requirements.
STOP/ TAIL/ TURN: Four (4) each model 44 type in 2-hole, stainless steel boxes; 2 red each side.
CENTER ID: One (1) each Truck-Lite model 15 LED (15050R) stainless steel I.D. shall be mounted at rear per D.O.T.
MID TURN/ MARKER: One (1) each amber model 60 oval turn/ marker light shall be mounted @ center of unit (approx.) each side if required by D.O.T.
FRONT MARKERS: One (1) each amber model 30 light shall be mounted to the front corner of the trailer at 45° on each side of unit.
REAR MARKERS: One (1) each red model 30 marker lamp located at end of each light box.
License plate and light to be on the curbside and not be in the way of tank access SECURITY RINGS: Chrome plated plastic security rings (Truck-Lite #44701) shall be installed on all model 44 stop, tail, and/or turn lights.
REFLECTORS:
To be mounted per D.O.T. specifications.
CONSPICUITY STRIPING:
To be installed at sides and rear per D.O.T. specifications.
FRONT RECEPTICAL:
Truck-Lite 7-way nosebox (model #50806) with 15 amp circuit breakers and front access to cable hookup, mounted on a stainless steel bracket between glad hands.
PLUMBING
FISH VALVE:
12" T-304 Stainless steel, air operated gate valve with water tight rubber seat located at rear.
OUTLET:
One (1) 12” aluminum ring lock adapter with cap
FWS – Coleman NFH Page 4 of 50
DRAIN VALVES:
Two (2) 2" bronze ball valves, one at each side of outlet valve. Perforated screen inside tank. 90o PVC fitting directed to ground past rear of frame
AERATION:
Eight (8) 4.5" diameter, 28" shafts (30" overall) 12 VDC clamp style top port aerators with gaskets to prevent leaking while loading fish. Each aerator shall have a 3 prong electric plug to an electric junction box and shall have three amp gauges and three switches in the cab of the truck. Each aerators to have 1/8" perforated screen collars secured to bottom of tubes extending into low profile weld collars that are welded to bottom of tank
DIFFUSERS:
Six (6) 48" long low profile diffusers
OXYGEN CONTROLS:
One stainless steel panel.
Location: At the driver’s side, front of tank, above the control box, and positioned at a 45° angle towards the truck cab’s driver’s side mirror.
Oxygen flow control valves: Four 15 LPM valves.
Connection 1: Stainless-steel braided line from valves to single stainless steel supply pipe from bottle rack.
Connection 2: Stainless-steel braided line from valves to pipe fittings at the front head. One way check flow devices for each line at the head (two total).
Low pressure warning +- 10 psi Oxygen regulators Three oxygen regulators.
Stainless steel braided line to supply pipe.
Check valves: One-way check in each line.
Synflex lines inside tank strapped to diffuser protectors to the oxygen diffusers one-way check valves where lines enter tank.
ENCLOSURE (FRONT ROADSIDE): All wiring for aerators to be 10 gauge tinned marine type wire One (1) each General Electric Industrial NEMA Control Panel Enclosure 16"w x 20"t x 9"d or equal shall be located at the front of roadside of the extended frame positioned 45° facing front, viewable from the truck cabs drivers side mirror
INSIDE ENCLOSURE:
One (1) battery selector switch Eight (8) each aerator switches with15 amp self-setting breakers
OUTSIDE ENCLOSURE FACING DRIVERS MIRROR
One (1) each red battery on board voltage indicator light One (1) each red low pressure oxygen warning light Eight (8) each red aerator on indicator lights All switches and lights to be labeled
BOTTLE RACK:
Carbon steel fabricated horizontal, (3) bottle storage rack for customer supplied 250 cu ft oxygen bottles located above the spare tire. Drill pin holes horizontal. Add jam nuts to "T" handle bottle tightens
BATTERY:
FWS – Coleman NFH Page 5 of 50
Three (3) each 12V DC deep cycle group 24 Gel batteries in box and wired to truck's battery with isolator and single pole power plug, located off roadside trailer rear subframe. Batteries to also be wired to control enclosure with 1/0 gauge wire
UNDERCARRIAGE
KICK PLATE:
To be installed at front of unit and to be of stainless steel construction.
KING PIN PLATE:
Adjustable upper coupler, mild steel.
48" Ride height, unless noted otherwise in tractor spec's above.
FILLER PLATE:
If required, a steel filler plate shall be installed between the king pin plate and the kick plate to aid in the protection of the truck’s fifth-wheel from hanging up on the front bolster; color to be High Gloss Black.
LANDING GEAR FRAME:
Frame to be stainless steel construction.
LANDING LEG SUPPORTS:
Pipe style from legs up to crossmember and to rear at ring/baffle/girth pad as applicable.
LANDING GEAR:
JOST leg, 2-speed, steel, sand shoes, 50,000 lb. lift, 160,000 lb. static load capacity.
Crank located on curbside.
REAR SUBFRAME:
Stainless steel construction for a single axle suspension.
SUSPENSION:
One (1) 23K air ride integration system 14" ride height, weld-on wing style hangers, front shock absorbers
AXLES:
One (1) 23K, 71-1/2" track 10 stud on 11.25" centers with HUB piloted mounting HP spindles (same inner and outer bearings)
BRAKES:
16-1/2" X 7", 28 spline S-Cam, balanced fused drums 16.5" x 7" 3030 non-asbestos brake lining standard chambers and automatic slacks Tone rings for ABS system.
WHEELS:
OUTER: Three (3) Each Alcoa 22.5 x 8.25 Aluminum machine finish, 10-hole, 11-1/4" bolt circle, hub piloted.
INNER: Two (2) Each Alcoa 22.5 x 8.25 Aluminum machine finish, 10-hole, 11-1/4" bolt circle, hub piloted.
TIRES:
Five (5) Each 295/75R 22.5
HEIGHT CONTROL (SUSPENSION SPECIFIC):
One (1) Each height control valve.
DUMP VALVE:
Manual dump valve to be installed.
BUMPER:
Carbon steel non-code 4" x 4" .
BRAKE SYSTEM:
To be built to D.O.T. specifications, WABCO 2S/1M ABS system with Aluminum air tank(s). ABS malfunction/operation light located on front fender bracket on top of aerator electrical enclosure, facing forward, per D.O.T.
FWS – Coleman NFH Page 6 of 50
FRONT FENDERS:
Aluminum, West-Mark fabricated.
bracket mounting.
Mudflaps at rear of front fenders to be WHITE, poly, anti-spray type. Stainless bottom weights
REAR FENDERS:
Aluminum, West-Mark fabricated.
Mounting brackets to be of stainless steel construction.
Mudflaps at rear of unit to be WHITE, poly, anti-spray type. Mudflap mounting to meet SAEJ682 standard. Stainless bottom weights
TIRE CARRIER:
Steel pipe basket style, mounted ahead of rear subframe.
MISC. ITEMS
CABINETS:
One (1) Aluminum single drop down door to fit between frame at rear under outlet with stainless steel hardware and lockable latch. Drill drainage holes in bottom of cabinet. Cabinet to carry customer provided 8" 90o adapter fitting
HOSE TUBE:
Two (2) each 8" Aluminum, with door on each end, one located each side
CERTIFICATE HOLDER:
Betts PS-1 (#820012) document holder with spring.
Mounted on landing leg subframe (roadside).
Paint:
Two Topcoats One (1) zinc primer, on all carbon steel fabricated parts One (1) color, White on all carbon steel fabricated parts
MANUALS:
One (1) each operation and maintenance manual(s) on CD-ROM shall be supplied and shipped with unit;
CALIBRATION:
Theoretical.
Increments: 0.25-inch.
Calibration Charts: Comes with charts.
GOVERNMENT / MILITARY MARKINGS:
None. (Available as option upon request)
DATA PLATE:
Government data plate with contract information, if required by contract.
TESTING AND QC:
An internal final Inspection shall be performed prior to, and in preparation of a customer/government inspection.
Unit shall be prepped to perform a function test of all functions in presence of inspector(s) before the inspector(s) arrive.
FOB Destination Ship to:
24411 Coleman Fish Hatchery Rd Anderson, California 96007
INSPECTION AND ACCEPTANCE
FWS – Coleman NFH Page 7 of 50
The following clause is incorporated by reference:
Clause Title Date
52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984
DELIVERIES OR PERFORMANCE
PERIOD OF PERFORMANCE
The contract shall commence from date of award for a period of one year.
The following clause is incorporated by reference:
52.242-15 STOP WORK ORDER AUG 1989
CONTRACT ADMINISTRATION DATA
The following local clauses are provided in full text:
CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DECEMBER 2015)
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the
Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
https://www.cpars.gov/
FWS – Coleman NFH Page 8 of 50
b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c) All information provided should be reviewed for accuracy prior to submission.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the
Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for
Government use supporting source selection actions after it has been finalized.
(End of clause)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)
(FEB 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice
Processing Platform System (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:
1. Invoice billed according to contract line items and rates.
2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.
3. If final payment is billed, the last invoice shall state “FINAL”.
4. Contractor’s Release of Claims shall be submitted with the final invoice.
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.
FWS – Coleman NFH Page 9 of 50
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 proposal or quotation.
(End of Local Clause)
CONTRACT CLAUSES
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.
The following clauses are incorporated by reference:
52.202-1 DEFINITIONS JUN 2020
52.203-3 GRATUITIES APR 1984
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
JUN 2020
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS
DEC 2014
52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC
CORPORATIONS - REPRESENTATION
NOV 2015
52.211-17 DELIVERY OF EXCESS QUANTITIES SEP 1989
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
NOV 2023
52.232-11 EXTRAS APR 1984
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
CONTRACTORS
MAR 2023
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION
APR 1984
52.242-13 BANKRUPTCY JUL 1995
52.253-1 COMPUTER GENERATED FORMS JAN 1991
The following clauses are provided in full text:
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)
(a) Definitions. As used in this clause—
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
FWS – Coleman NFH Page 10 of 50
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on
National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices
(including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
FWS – Coleman NFH Page 11 of 50
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other
Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order
13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 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:
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
FWS – Coleman NFH Page 12 of 50
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov
2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun
2010) (Section 1553 of Pub. L. 111-5).
_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, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
__ (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).
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 https://www.govinfo.gov/link/uscode/31/6101 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 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
FWS – Coleman NFH Page 13 of 50
__ (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.
_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 Re-representation (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)).
_X_ (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 (Jan 2025)( E.O. 13126).
_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (34) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
__ (i) 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).
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://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim 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.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#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
FWS – Coleman NFH Page 14 of 50
__ (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 (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).
__ (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)).
__ (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.).
__ (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.).
_X_ (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).
__ (47)(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_X_ (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].
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 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 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://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-section2112&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
FWS – Coleman NFH Page 15 of 50
__ (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).
_X_ (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).
__ (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.
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.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 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 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
FWS – Coleman NFH Page 16 of 50
(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.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (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).
__ (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).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (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.
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/52.247-69#FAR_52_247_69 https://www.govinfo.gov/link/uscode/49/40118 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
FWS – Coleman NFH Page 17 of 50
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee…
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