Sol_140G0122Q0122_Amd_0001.pdf

(x)

140G0122Q0122 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

GRB

RESTON VA 20192

12201 SUNRISE VALLEY DRIVE

205 NATIONAL CENTER

USGS OAG RESTON ACQUISITION BRANCH

06/21/20220001

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

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

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

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

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/21/2022

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

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

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

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

ORDER NO. IN ITEM 10A.

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

CFWSC IDIQ Trawling Services

The purpose of this amendment is to remove the small business set-aside and solicit full and open competition. The response date has been extended to 7/18/2022 at 15:30 Eastern

Standard Time.

- Added FAR Clause 52.216-2 Economic Price Adjustment - Standard Supplies.

- Added an additional line for Fuel charges on B-1.

- Added B-2 Supplemental Instructions for 52.216-2 - Economic Price Adjustment - Standard

Continued ...

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

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

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

Daniel Galvin

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 47

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140G0122Q0122/0001

Supplies.

All terms and conditions remain the same.

Period of Performance: 08/01/2022 to 07/31/2027

For questions on this solicitation contact Dayna

Parkin at dparkin@usgs.gov.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Section B - CONTINUATION OF SOLICITATION/CONTRACT FORM B-1 Pricing B-2 Supplemental Instructions for 52.216-2 - Economic Price Adjustment - Standard Supplies B-3 Statement of Work B-4 GS0231 Technical Liaison-Technical Direction (NOV 2014) B-5 GS0339 Green Acquisition (JUL 2018)

Section C - CONTRACT CLAUSES C-1 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020) C-2 52.204-13 System for Award Management Maintenance. (OCT 2018) C-3 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) C-4 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) C-5 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) C-6 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2021) C-7 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2022) C-8 52.216-2 Economic Price Adjustment - Standard Supplies. (NOV 2021) C-9 52.216-18 Ordering. (AUG 2020) C-10 52.216-19 Order Limitations. (OCT 1995) C-11 52.216-22 Indefinite Quantity. (OCT 1995) C-12 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014) C-13 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021) C-14 52.247-34 F.o.b. Destination. (JAN 1991) C-15 52.252-2 Clauses Incorporated by Reference. (FEB 1998) C-16 GS0919 Legal Holidays (JUN 2021) C-17 GS1101 Contract Administration Office (JUL 2001) C-18 GS1131 Unilateral Deobligation of Unexpended Funds (MAY 2013) C-19 GS1310 Organizational Conflicts of Interest (JUL 2001) C-20 GS1430 Ordering Authority and Procedures (JUL 2001) C-21 GS1440 Wage Determination Applicable (JUL 2001) C-22 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) C-23 NOTICE TO CONTRACTORS - CPARS (DEC 2015) Notice to Contractors - CPARS (DEC 2015

Section D - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS Section E - SOLICITATION PROVISIONS

E-1 52.204-7 System for Award Management. (OCT 2018) E-2 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) E-3 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

(NOV 2021)

E-4 52.204-26 Covered Telecommunications Equipment or Services-Representation. (OCT 2020) E-5 52.209-5 Certification Regarding Responsibility Matters. (AUG 2020) E-6 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) E-7 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (NOV 2021) E-8 52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021) E-9 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2022) E-10 52.216-1 Type of Contract. (APR 1984) E-11 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications. (JUN 2020) E-12 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

Section B - CONTINUATION OF SOLICITATION/CONTRACT FORM B-1 Pricing

The Government has set a ceiling of $375,000.00 for the resulting single-award Indefinite-Delivery Indefinite- Quantity (IDIQ) contract with fixed-price with economic price adjustment (EPA). The sum of all orders placed under the resulting single-award IDIQ contract shall not exceed $375,000.00.

The overall minimum guarantee for the life (5 years) of this IDIQ contract is: $2,500.00 total (This minimum is guaranteed).

The overall combined maximum for all orders issued under the resulting IDIQ contracts is: $355,000.00.

The minimum amount for an order against an IDIQ contract is: $2,500.00

The maximum amount for an order against an IDIQ contract is: $75,000.00

CLIN Description Year 1

(8/1/2022 - 7/31/2023)

Year 2 (8/1/2023 - 7/31/2024)

Year 3 (8/1/2024 - 7/31/2025)

Year 4 (8/1/2025- 7/31/2026)

Year 5 (8/1/2026 - 7/31/2027)

00010

12-HR TRAWLING SERVICES

(Includes trawling, housing, and meals for (2) researchers)

00010

24-HR TRAWLING SERVICES

(includes trawling, housing, and meals for (2) researchers)

00010 SUPPLY VESSEL (Operating and transporting researchers between land and trawling vessel at sea)

00010 SUPPLY VESSEL-Standby at the dock

00010 Price per gallon for fuel 1 gallon each

B-2 Supplemental Instructions for 52.216-2 - Economic Price Adjustment - Standard Supplies

CLIN Description Quantity Unit of Issue 00010 Price per gallon for fuel 1 GL

The following CLIN(s) are subject to an economic price adjustment pursuant to clause 52.216-2 Economic Price Adjustment - Standard Supplies, included in this contract.

The prices for fuel payable under this contract shall be adjusted upward or downward through issuance of the contract modifications in accordance with the conditions set forth clause 52.216-2 Economic Price Adjustment - Standard Supplies and these supplemental instructions. One adjustment shall be made each instance a trip is ordered. The adjusted price will be based on the Contractor's applicable established price effective as of the start date of the trip. Therefore, if the Contractor's applicable established price is increased or decreased the Contractor shall notify the Contracting Officer via email no later than the start date of the trip for which the order was placed.

B-3 Statement of Work

I. GENERAL INFORMATION

A. Introduction: The US Geological Survey (USGS) has a requirement for fully found and crewed vessels, with support equipment as specified, to use as a base and for transport for USGS turtle trawling operations within the Gulf of Mexico.

B. Background: The US Geological Survey has used a USGS or cooperator vessel to complete work on endangered sea turtles, along nearshore coastal areas from Florida to Louisiana since April 2010. However, there is an additional need to perform research on threatened and endangered sea turtles offshore in the deeper waters of the Gulf of Mexico and into Texas waters. Due to the fact that no currently available USGS vessel meets the requirements of the project, since September 2017 the USGS has been contracting with a company experienced in trawling operations and who is licensed and familiar with state and federal waters in the Gulf of Mexico. The current contract is coming to an end and the need for this service continues. In addition to trawling, the company should also be able to provide a supply vessel, whereby USGS scientists and gear could be transported to and from trawling vessels while at sea.

C. Definitions:

1. Operational (at sea) Rate: Operational rate shall be defined as that time during which the contractor's vessel and crew are available and fully capable of at-sea operation. The course, direction, and ship movement is at Government discretion with due consideration for ship safety as determined by the vessel' s master. While at sea, weather time shall be defined as that time when the vessel is unavailable or unsuitable for operations due to inclement weather conditions.

During weather time, vessel shall be considered operational unless it is required to leave the field site for safety concerns.

2. Down/Standby Time: This category shall include the following element: Contractor' s down time at sea/at port shall be defined as that period of time when the contractor' s vessel and/or crew is being used for a trawling trip but is not available for Government use. Down Time/ Standby Time shall include contractor's in-port scheduled maintenance, repair of vessel and/or equipment, and waiting on weather. Delays due to unusually severe weather do not constitute down/standby time.

D. Scope (state general purpose, objectives, magnitude).

Sea turtles spend the majority of their lives at sea, yet little is known about their oceanic life compared to the biology of females and hatchlings on coastal nesting beaches. In addition, population modeling has shown that the sub-adult life-stage is the most critical to the stability and recovery of sea turtle populations (Crouse et al. 1987), with high elasticity (contribution to population growth) for subadults in particular. Recovery plans for the three most common species in the northern Gulf of Mexico (GoM), loggerheads (Caretta caretta), Kemp' s ridleys (Lepidochely s kempii) and green turtles (Chelonia mydas) all include monitoring of juveniles at in-water sites as a primary objective for population recovery (NMFS and USFWS 1991, NMFS and USFWS 2008, NMFS et al. 2011).

Very little is known about in-water turtle populations in the northern GoM. However, available data indicate that the northern GoM supports a large number of individuals (see Foley et al. 2007, Turtle Expert Working Group 2009, NMFS et

al. 2011, Avens et al. 2012). A fundamental issue in studies of sea turtle demography is the characterization of the functional demographic units (Chaloupka & Musick 1997, Rees et al. 2016), including the variability of demographic parameters (Bjorndal et al. 2014, Tucek et al. 2014). Along these lines, Bjorndal et al. (2011) identified 7 priorities for sea turtle restoration plans following the massive ecosystem perturbation caused by the Deepwater Horizon oil spill (April 2010). One of these priorities is to elucidate genetic links among and within populations. Demographics and habitat use can be determined, in part, by collecting genetic and stable isotope data (Wallace et al. 2010). Such data will help natural resource practitioners ensure that management actions occurring in response to the Deepwater Horizon oil spill help to support sustainable populations.

Objective(s): Utilize trawling operations to capture and tag sea turtles and collect biological samples to inform management decisions and provide valuable scientific insight on depth use, movement patterns, mortality risk, utilization of post¬ dredge sites and dive profiles of juveniles, sub-adults, and adult Kemp' s ridleys, loggerheads, and green turtles of both sexes. Tracking turtle movements may also provide data needed to validate the distance required to assess the feasibility of relocation and prevent multiple handlings of the same turtle. The data generated from this study is expected to provide information useful to a variety of Natural Resource Damage Assessment and Restoration groups on sea turtle use of discrete foraging areas; genetic origin of sea turtles sampled at foraging areas; general sea turtle distribution patterns across space and time; and sea turtle dive profiles and patterns. Multiple research trips (varying in length from at least 3 days and up to two weeks) will take place throughout the year.

II. WORK REQUIREMENTS

A. Technical Requirements for trawling. The U.S. Geological Survey (USGS) has a requirement for a fully found and crewed vessel, with support equipment as specified, to use as a base for USGS turtle trawling operations within the GoM.

This work requires the vessel be able to perform trawling on either a 12 hour or 24 hour schedule. In addition, the USGS has a requirement for supply vessel, whereby USGS scientists and gear could be transported to and from trawling vessels at sea.

a. The contractor shall provide as a minimum crew, a captain experienced in open water navigation in the Gulf of Mexico, other personnel as deemed necessary by the contractor and will possess all required licenses for boating and trawling activities.

b. The contractor shall provide the fully found, crewed vessel and support equipment to enable the Government to monitor turtles in the remote field sites of the Gulf of Mexico along the coast or off shore from Florida to Texas (as far as the Texas/Mexico border). Vessel and crew shall be able to perform either 12 hours or 24-hours trawling per day for up to 10 days. Exact dates will depend upon coordination of work with contractor, and relevant time for field work (weather delays). The vessel shall remain on the trawling site at all times during each trip.

c. Under this contract for trawling activities the Contractor is required to:

a. Provide a vessel conforming to all requirements described in this PWS.

b. Provide a crew to operate the vessel and manage the trawling nets. When a turtle is brought on board the vessel and is out of the net, the workup, tagging etc. will be done by USGS personnel. The crew will be available to help move turtles around as needed, but the crew will not be requested to perform any of the work up procedures.

c. Provide lodging and meals for all USGS personnel on board. The number of USGS personnel on each trawling trip will be between 1 and 2.

d. Ordering a vessel and crew for a trawling trip

The exact quantity and dates of trawling trips per year is not known, however the USGS estimate there will be between 2 and 4 trips per year. Trawling trips are typically seven (7) to ten (10) days. Trips can occur at any time during the year when weather conditions are favorable for trawling activities. When a vessel and crew are required for a trawling trip the USGS will provide written notice at least three weeks in advance of the desired trip start date.

e. Down/Standby Time for trawling. Down/Standby Time is defined at C.2. of the PWS. The Government will not pay for contractor down/standby time. Down/Standby Time shall not exceed three (3) calendar days. If down time exceeds three (3) calendar days cumulatively the Government reserves the right to terminate this contract for cause.

f. Vessel Substitutions for trawling. The Contractor is permitted to use any vessel for trawling trips that meets or exceeds the specifications listed at II.B. of the PWS. Substitution of a vessel by contractor shall be permitted only if the substitute vessel's specifications meet or exceed the vessel specifications in this PWS as determined by the Technical Liaison. Any vessel substitutions that occur shall be at no additional cost to the Government.

g. The contractor shall be responsible for all preparations and maintenance of the vessel and vessel equipment necessary to ensure safe and proper working conditions for both USGS scientists and for sea turtles.

B. Trawling Vessel specifications:

The following specifications represent the minimum requirement for any prospective vessel:

a. Size: Minimum length of 65 +/- 5 feet, beam of 19+/- 2 feet, and a draft of not more than 108 inches.

b. Speed: Vessel shall be a self-propelled engine diesel and have a transit speed of at least 8 knots.

c. Range: Vessel shall have a minimum range of 100 miles, in the event of extreme weather events such as hurricanes or tropical storms and navigation to a distant and safe location is required.

d. Power Generation: 30 kW generator or larger.

e. Crew: The vessel shall have a captain experienced in navigating the coastal and offshore waters of Florida, Louisiana, Mississippi and Texas in the Gulf of Mexico. Additional crew is at the contractor' s discretion, i.e. if required for safe operation of the vessel.

f. Contractor Furnished equipment: The vessel shall have the following contractor furnished equipment:

1. Navigation and communication equipment, including GPS, satellite weather, VHF marine radio and automatic identifier system (AIS).

2. Anchoring abilities permitting vessel to anchor and remain within close proximity to sample site.

3. A refrigerator for sample storage, freshwater rinse and deck space for sample preparation.

4. A freezer for storing of biological samples.

g. Net Specifications: Trawl is 42' at the mouth, 3' at the top of the cod end and 2.5' at the very tail of the cod end. Net body and cod end will consist of 2" bar and 8" stretch mesh, with top's and sides made of #36 twisted nylon and bottom consisting of #84 braided nylon twine (dipped for integrity).

h. Facilities:

1. Sleeping accommodations to sleep two USGS personnel (plus captain and crew for 24 hour trawling) in air conditioned cabin(s).

2. Storage area sufficient for up to 5 Rubbermaid bins, dry bags and assorted field supplies.

3. Sufficient indoor tabletop space to accommodate analytical instrumentation, and open back deck space for work area.

4. The vessel must have the ability to completely shade the back deck space for sample processing.

5. The vessel shall also have the capability to produce sufficient fresh water per day while at sea or carry a daily equivalent amount.

6. The vessel must have a fully operational galley with mess supplies.

7. The vessel must have a functional washer and drier for use.

i. Certifications: The contractor shall obtain and maintain in effect all necessary permits (except research permits), inspections, certifications, and insurance required by Federal Statue or local government, or subdivision thereof, or of any other duly constituted public authority.

C. Technical Requirements for supply vessel

The U.S. Geological Survey (USGS) has a requirement for a fully found and crewed supply vessel, whereby USGS scientists and gear could be transported to and from trawling vessels at sea.

a. The contractor shall provide as a minimum crew, a captain experienced in open water navigation in the Gulf of Mexico, other personnel as deemed necessary by the contractor and will possess all required licenses for boating.

b. Under this contract for supply vessel activities the Contractor is required to:

a. Provide a vessel conforming to all requirements described in this PWS.

c. Ordering a vessel and crew for a supply trip. The exact quantity and dates of supply trips per year is not known, however the USGS estimate there will be between 2 and 4 trips per year. Trips are typically seven (7) to ten (10) days.

Trips can occur at any time during the year when weather conditions are favorable for trawling activities. When a vessel and crew are required for a supply trip the USGS will provide written notice at least three weeks in advance of the desired trip start date.

d. Down/Standby Time for a supply trip. Down/Standby Time is defined at C.2. of the PWS. The Government will not pay for contractor down/standby time. Down/Standby Time shall not exceed three (3) calendar days. If down time exceeds three (3) calendar days cumulatively the Government reserves the right to terminate this contract for cause.

e. Vessel Substitutions for a supply trip. The Contractor is permitted to use any vessel for supply trips that meets or exceeds the specifications listed at II.D. of the PWS. Substitution of a vessel by contractor shall be permitted only if the substitute vessel ' s specifications meet or exceed the vessel specifications in this PWS as determined by the Technical Liaison. Any vessel substitutions that occur shall be at no additional cost to the Government.

f. The contractor shall be responsible for all preparations and maintenance of the vessel and vessel equipment necessary to ensure safe and proper working conditions for both USGS scientists.

D. Supply Vessel specifications:

The specifications required for any prospective supply vessel must be large enough to safely navigate open waters between land and trawling vessels at sea.

E. Safety/Maintenance/Spare Parts Specifications:

a. Other equipment and Facilities: The vessel, equipment and facilities shall be in proper and safe working condition with normal and emergency equipment and services appropriate to the work and work areas. The contractor shall be responsible for maintaining equipment and facilities in a safe, operational condition and for developing adequate safety procedures.

b. Maintenance and Spare Parts: The contractor shall be responsible for all maintenance of the vessel and vessel equipment necessary to ensure proper working conditions. This includes an adequate supply of spare parts for the vessel and equipment to perform necessary maintenance and reduce to a minimum the down time chargeable to the vessel.

III. SUPPORTING INFORMATION

A. Place of Performance will be within the Gulf of Mexico between Florida and Texas. Possible sites of departure include: Port that Contractor is stationed at or Port near the study site determined in Task Order. Pick up and drop off locations will be determined at the Task Order level.

B. The contract period of performance: 8/1/2022 to 7/31/2027

C. Government Furnished Property (GFP): NA

D. Special Considerations.

1. Data Rights, Safety, Environment. None.

2. Security/Privacy issues (ingress to Federal buildings, personnel clearances, computer security). Not applicable

B-4 GS0231 Technical Liaison-Technical Direction (NOV 2014)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the

Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action (or fails to take action) or issues direction (written or oral) that the contractor considers to exceed the above limitations.

(d) The Technical Liaison assigned for this contract is:

Name: WILL BE PROVIDED UPON AWARD

Telephone Number: []

Email: []

Address Line 1: []

Address Line 2: []

Address Line 3: []

(e) Only the Contracting Officer may designate a different Technical

Liaison.

B-5 GS0339 Green Acquisition (JUL 2018)

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the erformance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net

Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap The Comprehensive

Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Water efficient products and services are described at https://www.epa.gov/watersense

Section C - CONTRACT CLAUSES C-1 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020)

C-2 52.204-13 System for Award Management Maintenance. (OCT 2018)

C-3 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

C-4 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

C-5 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

C-6 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2021)

C-7 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2022)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

[ ] (10) (Reserved)

[ ] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (SEP 2021) (15 U.S.C. 657a).

[X] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (13) (Reserved)

[ ] (14)(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.

[ ] (15)(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] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (JUN 2020) of 52.219-9.

[ ] (v) Alternate IV (SEP 2021) of 52.219-9.

[ ] (18)(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] (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (SEP 2021) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(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] (32)(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] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[ ] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)

[ ] (37)(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.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

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

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

[ ] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[ ] (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (JAN 2021) of 52.225-3.

[ ] (iii) Alternate II (JAN 2021) of 52.225-3.

[ ] (iv) Alternate III (JAN 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (OCT 2019) (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. 2302 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).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[ ] (56) 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. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.

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

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

[ ] (iii) Alternate II (NOV 2021) of 52.247-64.

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

Executive orders applicable to acquisitions of commercial products and commercial services: (Contracting Officer check as appropriate.)

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[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).

[ ] (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).

[X] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

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

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

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

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

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

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

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

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

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds 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.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) [X] (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

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

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

C-8 52.216-2 Economic Price Adjustment - Standard Supplies. (NOV 2021)

(a) The Contractor warrants that the unit price stated in the Schedule for [offeror insert Schedule line item number] is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item.

The term unit price excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term established price means a price that (1) is an established catalog or market price for a commercial product sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.

(c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective (i) on the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter, or (ii) if the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) above, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) above.

(End of clause)

C-9 52.216-18 Ordering. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 08/01/2022 through 07/31/2027.

C-10 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $75,000.00;

(2) Any order for a combination of items in excess of $375,000.00; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b),…