Combined_Synopsis_Solicitation_-_Revised_Amendment_0004_0004.pdf

COMBINED SYNOPSIS/SOLICITATION

140R2026Q0028

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR parts 13.5 and additional information included in this notice. The Bureau of Reclamation intends to award a Firm-Fixed Price Purchase Order for services represented in the Performance Work Statement. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06, as of October 1, 2025.

This requirement is being solicited as a 100% small business set-aside and will be awarded using comparative evaluation in accordance with FAR Part 13.

GENERAL INFORMATION

RFQ Number: 140R2026Q0028

Request for Quotation (RFQ) Request for Proposal

(RFP) Invitation for Bid

(IFB)

North American Industry Classification Code (NAICS): 561730 Size Standard: $9.5 Million

Quotes are due no later than 10:00am PT on Tuesday, February 24, 2026.

Quotes should be emailed to Margaret Jones at margaretjones@usbr.gov.

Quoters must be registered in System for Award Management (www.SAM.gov) by the closing date of the solicitation in order to be considered for award. SAM is an official website of the U.S Government and there is no cost to register in SAM.

Vendor’s Business Information:

Business Name: __________________________________________________

Business Address: ________________________________________________

Business Point of Contact: __________________________________________

Point of Contact Email Address: _____________________________________

Point of Contact Phone Number: _____________________________________

SAM UEI Number/Cage Code: ______________________________________

Please see further instructions for quote submission under Provision 52.212-1 Addendum.

mailto:margaretjones@usbr.gov http://www.sam.gov/

PRICE SCHEDULE

Contractor shall provide all management, personnel, supervision, labor, materials, transportation, and other items necessary to perform services in accordance with the Performance Work Statement (PWS).

For pricing purposes, an Occurrence is defined as one complete herbicide application cycle at the specified location, including all labor, herbicides, equipment, compliance documentation, and photo requirements. An Occurrence may take place over multiple days as necessary to complete the planned treatment for that location. The Government will only pay for occurrences that are fully completed and accepted.

Complete Spray Occurrences involve comprehensive coverage of the entire designated treatment unit to achieve initial control or to reestablish full coverage when weed populations warrant.

Maintenance/Touch-Up Spray Occurrences involve selective, spot-focused treatments to address escapes, re-sprouts, late emergents, missed strips, and newly identified infestations. These Occurrences may follow a Complete Spray or be performed independently in years when weed populations are under control and full coverage is unnecessary.

If FAR 52.217-8, Option to Extend Services, is exercised, the prices for the Option to Extend Service’s term will be calculated based on the prorated term and prices that are in effect at the time the option is exercised.

CLIN Description Estimated Quantity

Unit

Price

Total Amount

00010 Base Year

Lost River Noxious Weed Abatement Services - Base Year

Period of Performance:

March 1, 2026 – February 28, 2027

00010AA Herbicide Application – Complete Spray at Miller Creek 2 Occurrence

00010AB Herbicide Application – Maintenance/ Touch-Up Spray at Miller Creek 2 Occurrence

00010AC Herbicide Application – Complete Spray at Lost River (Langell/Poe Valleys) 2 Occurrence

00010AD

Herbicide Application – Maintenance/ Touch-Up Spray at Lost River (Langell/Poe Valleys)

Occurrence

00010AE Herbicide Application – Complete Spray at Wilson Reservoir 2 Occurrence

00010AF Herbicide Application – Maintenance/ Touch-Up Spray at Wilson Reservoir 2 Occurrence

00010AG Annual Report (Draft & Final) for all locations 1 Each

Total for Base Year:

CLIN Description

Price

Total Amount

00020 Option Year 1

Lost River Noxious Weed Abatement Services – Option Year 1

March 1, 2027 – February 29, 2028

00020AA Herbicide Application – Complete Spray

00020AB Herbicide Application – Maintenance/ Touch-Up Spray at Miller Creek 2 Occurrence

00020AC Herbicide Application – Complete Spray at Lost River (Langell/Poe Valleys) 2 Occurrence

00020AD

Herbicide Application – Maintenance/ Touch-Up Spray at Lost River (Langell/Poe Valleys)

00020AE Herbicide Application – Complete Spray

00020AF Herbicide Application – Maintenance/ Touch-Up Spray at Wilson Reservoir 2 Occurrence

00020AG Annual Report (Draft & Final) for all

Total for Option Year 1:

00030 Option Year 2

Lost River Noxious Weed Abatement Services – Option Year 2

March 1, 2028 – February 28, 2029

00030AA Herbicide Application – Complete Spray

00030AB Herbicide Application – Maintenance/ Touch-Up Spray at Miller Creek 2 Occurrence

00030AC Herbicide Application – Complete Spray at Lost River (Langell/Poe Valleys) 2 Occurrence

00030AD

Herbicide Application – Maintenance/ Touch-Up Spray at Lost River (Langell/Poe Valleys)

00030AE Herbicide Application – Complete Spray

00030AF Herbicide Application – Maintenance/ Touch-Up Spray at Wilson Reservoir 2 Occurrence

00030AG Annual Report (Draft & Final) for all

Total for Option Year 2:

CLIN Description

Price

Total Amount

000040

Year 3

Lost River Noxious Weed Abatement Services – Option Year 3

March 1, 2029 – February 28, 2030

00040AA Herbicide Application – Complete Spray

00040AB Herbicide Application – Maintenance/ Touch-Up Spray at Miller Creek 2 Occurrence

00040AC Herbicide Application – Complete Spray at Lost River (Langell/Poe Valleys) 2 Occurrence

00040AD

Herbicide Application – Maintenance/ Touch-Up Spray at Lost River (Langell/Poe Valleys)

00040AE Herbicide Application – Complete Spray

00040AF Herbicide Application – Maintenance/ Touch-Up Spray at Wilson Reservoir 2 Occurrence

00040AG Annual Report (Draft & Final) for all

Total for Option Year 3:

00050

Year 4

Lost River Noxious Weed Abatement Services – Option Year 4

March 1, 2030 – February 28, 2031

00050AA Herbicide Application – Complete Spray

00050AB Herbicide Application – Maintenance/ Touch-Up Spray at Miller Creek 2 Occurrence

00050AC Herbicide Application – Complete Spray at Lost River (Langell/Poe Valleys) 2 Occurrence

00050AD

Herbicide Application – Maintenance/ Touch-Up Spray at Lost River (Langell/Poe Valleys)

00050AE Herbicide Application – Complete Spray

00050AF Herbicide Application – Maintenance/ Touch-Up Spray at Wilson Reservoir 2 Occurrence

00050AG Annual Report (Draft & Final) for all locations 1 Each

Total for Option Year 4:

Grand Total:

PERFORMANCE WORK STATEMENT

Performance Work Statement Lost River Noxious Weed Abatement

Klamath Basin Area Office

I. INTRODUCTION

This Bureau of Reclamation, Klamath Basin Area Office (Reclamation) requires noxious weed abatement on Federal lands and rights-of-way within the Klamath Project, in particular along the Lost River and Miller Creek in Klamath County, Oregon.

II. PURPOSE

Weed abatement is required to prevent and reduce the economic, environmental and social impacts of noxious weeds. The goal is to suppress the expansion and if possible, eliminate noxious weeds.

III. AUTHORITY

The Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), and acts amendatory and supplementary thereto; the Federal Noxious Weed Act of 1974 (Pub. L. 93-629; 88 Stat. 2148; 7 U.S.C. § 2814), as amended by the Plant Protection Act of 2000 (Pub. L. 106-224, Title IV; 7 U.S.C. § 7701, et seq.); and Executive Order 13112.

IV. BACKGROUND

Noxious weed is an invasive species of a plant that has been designated by country, state or provincial, or national agricultural authorities as one that is injurious to agricultural and/or horticultural crops, natural habitats and/or ecosystems, and/or humans or livestock. Most noxious weeds are introduced species (non-native) and have been introduced into an ecosystem by ignorance, mismanagement, or accident. Occasionally some are native. Typically they are plants that grow aggressively, multiply quickly without natural controls (native herbivores, soil chemistry, etc.), and adversely affect native habitats, croplands, and/or are injurious to humans, native fauna, and livestock through contact or ingestion. Noxious weeds are a large problem in many parts of the world, greatly affecting areas of agriculture, forest management, nature preserves and parks, and other open space lands.

Reclamation is responsible for noxious weed management on its lands and rights-of-way within the Klamath Project, in particular along the Lost River and the lower portion of Miller Creek.

Generally, the contract is for treating noxious weeds along the river or creek (roughly 5’- 80’ on either side), Wilson Reservoir consisting of 8.8 miles of shoreline or roughly 110 acres of land (including wetlands and islands). The total distance is approximately 28.2 river miles, encompassing an estimated 423 acres.

Treatment of noxious weeds is a time sensitive issue requiring constant monitoring of growth stage for optimal control using specific herbicides (e.g. while some species are actively growing, or other species are in their rosette stage -- research is required if the plant species is unfamiliar). Attachment 1 provides the 2025 Klamath County list of noxious weeds.

Access onto many of the treatment areas can be difficult. Many of the areas are inaccessible through Reclamation rights-of-way, requiring the contractor to obtain permission to access through private lands. Some lands (islands) at Wilson Reservoir are surrounded entirely by water and access is usually hampered by shallow water with heavy aquatic vegetation. Access routes and location of treatment areas are shown on the following attached maps:

• Attachment 2: Langell Valley Treatment Areas

• Attachment 3: Poe Valley Treatment Areas

• Attachment 4: Wilson Reservoir Treatment Areas

Due to the difficulty in accessing certain islands, Reclamation cooperates with the Contractor to provide an operator with an airboat for applications occurring approximately four to six days each year. This is referred to as the Wilson Reservoir Cooperative Project (WRCP). An Integrated Pest Management (IPM) plan has been completed for this area and is available from Reclamation. The Lost River, including Miller Creek, and Wilson Reservoir, is occupied by endangered Lost River and shortnose suckers and is considered a sensitive area. Both suckers are listed as endangered species under the Endangered Species Act (ESA).

Environmental compliance (e.g., ESA, National Environmental Policy Act, Clean Water Act) is the responsibility of Reclamation and the contractor.

V. PERIOD OF PERFORMANCE

The anticipated period of performance of the contract is March 1, 2026 through February 28, 2027 with 4 option years (2027-2031).

VI. CONTRACTOR REQUIREMENTS

The contractor shall provide all labor, materials, and equipment in accordance with this Performance Work Statement (PWS) with the exception of completion on the WRCP, as referenced above.

The contractor shall control all noxious weeds as declared annually by the Klamath County Board of Commissioners. Contractor shall incorporate a blue spray indicator dye into all herbicide mixtures to provide visual confirmation of application coverage and facilitate compliance monitoring. Although not legally mandated, dye use is considered best practice by federal guidance and widely adopted by equipment manufacturers and applicators to ensure accurate coverage, reduce overspray, aid drift detection, and support compliance monitoring.

The contractor shall provide licensed pesticide applicators with a minimum of one-to-one ratio of licensed Applicator’s to Pesticide Apprentice/Trainee’s. On-site supervision by a licensed Applicator is required for each licensed Pesticide Apprentice/Trainee in accordance with State of Oregon guidelines. All Applicators shall be licensed by Oregon Department of Agriculture with categories of: Regulatory Weed Control and/or Right-of-Way, and Aquatic. For the WRCP, the contractor shall provide at least 3 applicator (one licensed applicator and at least two trainees).

Proof of licensing shall be required of all applicators prior to commencement of work.

The contractor shall have direct experience in the application of herbicides for large areas (>300

ac) within riparian zones and sensitive areas.

Due to the difficulty in accessing Reclamation lands, a contractor with in-depth knowledge of and/or direct experience working in the Lost River and Miller Creek areas is required to obtain necessary permission for timely access.

Environmental and Safety Compliance Documentation The contractor shall submit the following documentation prior to commencement of work and maintain compliance throughout the contract period:

• Copies of all pesticide labels and Safety Data Sheets (SDS) for herbicides to be used.

• Documentation demonstrating compliance with the Endangered Species Act (ESA), National Environmental Policy Act (NEPA), and Clean Water Act requirements applicable to treatment activities.

• A spill response plan detailing procedures for handling accidental chemical releases.

Safety and Insurance Requirements The contractor shall comply with all applicable Occupational Safety and Health Administration (OSHA) standards and provide proof of liability insurance and worker’s compensation coverage prior to starting work.

VII. TASKS

Upon receipt of executed award and option years, contractor will submit to the Contracting Officer’s Representative (COR) the following: Task A) Provide a Work Plan for current year (season) within 7 working days for approval or adjustment. The Work Plan shall describe in detail how and when the work shall be performed to achieve the maximum benefit for weed control. This shall include the name of each weed, herbicide used, and the proper growth stage at application. A separate section shall detail how the WRCP shall be performed. The plan shall include who shall perform the application work (including mapping), a current listing of their qualifications, and who shall coordinate with the COR. Upon submittal, the COR will provide approval or an adjustment within 3 working days. Additionally, the plan shall state the contractor will provide AT LEAST 48 hours’ notice via phone or email to the COR prior to commencing treatment at each area.

Once the Work Plan is approved: Task B) Safely apply herbicides to noxious weeds at optimum times to achieve maximum control. As agreed upon per approved Work Plan.

At the end of each year (season) May- October: Task C) Contractor will provide a year-end report at the end of each season, which shall consist of the information as the following two items: 1) Work Summary - A short summary detailing the progress made for each area, and 2) Pesticide Use and Cost Summary - A spreadsheet summary of the total amount of each pesticide used for each area. Provide an informational summary of pesticide usage and estimated cost allocation by area for reporting purposes only. This data will not be used for payment determination.

Task D) Photo Documentation – The contractor shall take geo-tagged photographs of all treated areas showing conditions before and after treatment. Photos shall clearly depict the treatment area boundaries and be submitted electronically in a format approved by the COR.

When the treatment area is extensive and cannot be captured in a single image, the contractor shall segment the area into logical sections and provide representative photos for each segment.

An overview map showing the full treatment area with segment boundaries shall accompany the photo documentation, and all photos must retain GPS metadata to confirm location. These photos, along with the map and a photo log detailing segment ID, coordinates, and treatment description, shall be included in the Annual Report.

Task deliverables and quality assurance monitoring shall be referenced for performance rating and compliance in accordance with and referred to as follows:

Task A – Work Plan Task B – Herbicide Application

Task C – Annual Report

Task D – Photo Documentation

VIII. GOVERNMENT-FURNISHED PROPERTY

Through coordination with the contractor, Reclamation can provide the Contractor with an airboat and qualified boat operator no more than 6 days per year for the WRCP. Requests for the airboat and operator must be made 14 days prior to application to allow for proper planning and scheduling.

IX. DELIVERABLES

(a) Task A – The contractor will meet with COR within 7 working days of award of this contract for a pre-work meeting, and present a final Work Plan within 7 days of the pre-work meeting to the Contracting Officer (CO) and COR. The COR may accept the Work Plan on behalf of the CO.

(b) Task B – Daily application logs for each site, separated by each of the following areas, are to be submitted with each monthly invoice:

1. Miller Creek

2. Lost River (Langell/Poe Valleys)

3. Wilson Reservoir

(c) Task C (Draft) – The contractor shall produce and submit to COR an electronic draft Annual Report in the manner described above for review by October 31, of each year.

Within 3 working days, the COR will review and if any revisions are required, contractor will also have 3 working days to respond. The final report will be agreed upon by both parties.

(d) Task C (Final) – Contractor shall submit an electronic final Annual Report NLT November 30 of each year.

(e) Task D – Photo Documentation: The contractor shall submit geo-tagged photographs for all treated areas. Photos shall accompany the Annual Report and provide visual verification of work performed.

X. PERFORMANCE ASSESSMENT

(a) Monitoring Performance The COR will monitor contractor performance throughout the period of performance to ensure compliance with the PWS requirements. Monitoring may include site inspections, review of deliverables, and verification of adherence to the approved Work Plan.

(b) Quality Assurance

Performance will be assessed in accordance with the Quality Assurance Surveillance Plan (QASP) and the Performance Requirements Summary (PRS). The Government will document any deficiencies and require corrective action within a reasonable timeframe.

(c) Contractor Communication

The COR may provide interim feedback to the contractor to identify strengths and areas for improvement. The contractor is encouraged to address any deficiencies promptly.

XI. PERFORMANCE REQUIREMENTS SUMMARY (PRS) AND QUALITY

ASSURANCE SURVEILLANCE PLAN (QASP)

Performance Requirement Summary

Acceptable Quality Level Method of Surveillance

Adherence to schedule set by:

Tasks A, B, C, & D

Timeliness: All tasks shall be performed within the specified tolerance 98% of the time, excluding delays caused by circumstances beyond the contractor’s reasonable control, such as severe weather, restricted access, or other unforeseen conditions. The contractor must notify the COR in writing within 24 hours of any such delay, providing justification and an updated schedule for completion.

COR will track schedule.

Quality of Field Work set by:

Task B

Successful review without major deficiencies (i.e., missing herbicide application of sites, misapplication of herbicides resulting in contamination of water).

Expect any deficiencies to be remedied within a week.

The COR shall verify completion by random inspection method.

Quality of Deliverables for:

Tasks A, C, & D

Successful review with no more than 5 minor deficiencies (e.g., missing daily application logs, miscalculation of charges to application sites, inaccurate data and mapping summary in annual report) in the final report.

Review by COR

SECTION C – COMMERCIAL 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, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference FEB 1998

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

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://acquisition.gov/diar

The following clauses are hereby incorporated by reference:

Clauses Title Date 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 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services NOV 2023 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.245-1 Government Property – Alternate I SEP 2021

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of clause) https://www.acquisition.gov/far https://acquisition.gov/diar

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services

(OCT 2025)

(DEVIATION

FEB 2025)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

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

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

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-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim

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

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

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

__ (6) [Reserved] _X_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

_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).

__ (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).

__ (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.

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.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 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

__ (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)).

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

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

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

13126).

__ (33) [Reserved] __ (34) [Reserved] _X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

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

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Oct 2025) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 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

__ (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.

__ (48)

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

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

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

_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.).

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-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim 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

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

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

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

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

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits Laborer, Grounds Maintenance WG-3 $19.26 - $22.46

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

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

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

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

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

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

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

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

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

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

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://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/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

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

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

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

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

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

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

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

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

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

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

https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 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…