2.2.1-Attachment 3-Provisions and Clauses.pdf

192126FMUHSTF0022

Provisions and Clauses

Provisions

FAR Provisions Incorporated by Reference:

Provisions are incorporated by reference. The full text of the provision is available at:

https://www.acquisition.gov/FAR/

52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Aug 2025)

(DEVIATION 25-21)

Contract Clauses

FAR Clauses Incorporated by Reference:

Clauses are incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/

52.203-17 Contractor Employee Whistleblower Rights. (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements (Jan 2017) 52.204-13 System for Award Management-Maintenance (Nov 2025) (DEVIATION 25-19) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Nov 2025) (DEVIATION 25-27) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2025) (DEVIATION 25-27) 52.212-4 Terms and Conditions - Commercial Products and Commercial Items. (Nov 2025)

(DEVIATION 25-21)

52.219-6 Notice of Total Small Business Aside (OCT 2025)(DEVIATION 26-03) 52.219-13 Notice of Set-Aside of Orders (Mar 2020)

52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Oct 2025) (DEVIATION 26-10) 52.222-36 Equal Opportunity for Workers with Disabilities (Oct 2025) (DEVIATION 26-10) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Person (Nov 2021) 52.223-23 Sustainable Products and Services (Nov 2025) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging while Driving (May 2024) 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Aug 2025) (DEVIATION 25-25) 52.233-4 Applicable Law for Breach of Contract Claim (Aug 2025) (DEVIATION 25-25) 52.240-91 Security Prohibitions and Exclusions (AUG 2025) (DEVIATION 25-23) https://www.acquisition.gov/FAR/ https://www.acquisition.gov/FAR/

52.244-6 Subcontracts for Commercial Products and Commercial Services (SEP 2025) (DEVIATION 25- 34)

FAR Clauses incorporated by Full Text:

52.217-8 Option to Extend Services.

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 10 days prior to the expiration of the final option period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2020)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day;

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 60 months.

52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) (DEVIATION 26-10, Revision 2)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

HSAR Clauses incorporated by Full Text:

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION

OF COMMERCIAL ITEMS (JULY 2023) (HSAR DEVIATION 25-09)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by refer

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