19AQMM23R0223.pdf

19AQMM23R0223

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

19AQMM23R0223 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

07/18/2023

6. REQUISITION/PURCHASE NUMBER

60252350078

CODE: AOPE_

OFC OF PROCUREMENT EXECUTIVE (A/OPE)

1701 NORTH FORT MYER DR

ATTN: RM 500, US DEPT OF STATE

ARLINGTON, VA 22209

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and __1__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until __02:00 ET__ local time __08/18/2023__

10. FOR

INFORMATION

E-MAIL:

A. NAME

Qiana J. Richmond 703-875-6036

B. TELEPHONE (NO

COLLECT CALLS)

C. E-MAIL ADDRESS

RichmondQJ@State.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES Contract B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: UEI: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE: OPEAQM

Commerce Branch

OPE/AQM/IP/COM

Office of Acquisition (AQM) Charleston, SC 29405

24. ADMINISTERED BY (if other than Item 7) CODE: IPP

IPP

Invoices to be uploaded to Invoice Processing Platform at http://www.ipp.gov

CHARLESTON, SC 29415

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Robin Guillie (Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

CGFS // CGFS

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs G Contract Administration Data

INV-IPP ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS

TO IMPLEMENT USAGE OF THE INVOICE PROCESSING PLATFORM (IPP)

H Special Contract Requirements H-042 Safety and Accountability for Everyone (SAFE) (MAR 2023)

I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.202-1 Definitions (Jun 2020) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government (Jun 2020) - Alternate I (Nov 2021) 52.203-7 Anti-Kickback Procedures (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.232-1 Payments (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-3 Alt I Protest after Award (Aug 1996) - Alternate I (Jun 1985) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.243-1 Changes-Fixed-Price (Aug 1987) 52.243-1 Alt I Changes-Fixed-Price (Aug 1987) - Alternate I (Apr 1984) 52.243-1 Alt II Changes-Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 52.243-1 Alt III Changes - Fixed-Price (Aug 1987) - Alternate III (Apr 1984) 52.243-1 Alt IV Changes - Fixed-Price (Aug 1987) - Alternate IV (Apr 1984) 52.243-1 Alt V Changes - Fixed-Price (Aug 1987) - Alternate V (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Jun 2023) 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Acquisition (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jun 2023) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND

PROCEDURES (FEB 2015)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)

652.215-70 EXAMINATION OF RECORDS (JAN 2022)

652.232-72 LIMITATION OF FUNDS (AUG 1999)

52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.203-3 Gratuities (Apr 1984) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.217-8 Option to Extend Services (Nov 1999) 52.237-3 Continuity of Services (Jan 1991)

K Representations, Certifications, and Other Statements of Offerors or Respondents

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Dec 2022)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

K.4 AUTHORIZED CONTRACT ADMINISTRATOR

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-7 System for Award Management (Oct 2018) 52.233-2 Service of Protest (Sept 2006)

Line Item Summary

Solicitation Number:

19AQMM23R0223

Contract Number: Title: Virtual Reality Emergency Training VRET RFP

Date of Solicitation:

07/26/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 .

Project Development and Operational Maintenance: Labor Category 1 Time (T) Portion of Time and Material.

Base Year Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

0.00 HR $0.00 $0.00

BASE PERIOD

002 .

Project Development and Operational Maintenance: Labor Category 2 Time (T) Portion of Time and Material.

Base Year Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

0.00 HR $0.00 $0.00

BASE PERIOD

003 .

Project Development and Operational Maintenance: Other Direct Costs. Not to Exceed Amount Materials (M) Portion of Time and Material.

Base Year Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

BASE PERIOD

004 .

Low Complexity Training Development and Access.

Training Development and Access (FFUP).

Estimated Number of Scenarios Per Year = Two (2).

Base Year Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

BASE PERIOD

005 .

Medium Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = Zero (0).

Base Year Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 EA $0.00 $0.00

BASE PERIOD

006 .

High Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = Zero (0).

0.00 EA $0.00 $0.00

BASE PERIOD

Line Item Summary

Solicitation Number:

19AQMM23R0223

Contract Number: Title: Virtual Reality Emergency Training VRET RFP

Date of Solicitation:

07/26/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

Base Year Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

007 .

Gamulation Enhancements .

(Yearly) Firm Fixed Price Base Year Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 YR $0.00 $0.00

BASE PERIOD

008 .

Hardware cost.

Number of Units Per Year = 20 Firm Fixed Unit Price Base Year Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

20.00 EA $0.00 $0.00

BASE PERIOD

1001 .

Project Development and Operational Maintenance: Labor Category 1 Time (T) Portion of Time and Material.

Option Year 1 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

0.00 HR $0.00 $0.00

1002 .

Project Development and Operational Maintenance: Labor Category 2 Time (T) Portion of Time and Material.

Option Year 1 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

0.00 HR $0.00 $0.00

1003 .

Project Development and Operational Maintenance: Other Direct Costs. Not to Exceed Amount Materials (M) Portion of Time and Material.

Option Year 1 Type of Contract Pricing: TM

Doc Ref No:

1.00 LT $5,000.00 $5,000.00

Line Item Summary

Solicitation Number:

19AQMM23R0223

Contract Number: Title: Virtual Reality Emergency Training VRET RFP

Date of Solicitation:

07/26/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

Delivery Date FOB:

1004 .

Low Complexity Training Development and Access.

Training Development and Access (FFUP).

Estimated Number of Scenarios Per Year = Two (2).

Option Year 1 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

1005 .

Medium Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = Two (2).

Option Year 1 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

1006 .

High Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = One (1).

Option Year 1 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA $0.00 $0.00

1007 .

Gamulation Enhancements .

(Yearly) Firm Fixed Price Option Year 1 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 YR $0.00 $0.00

1008 .

Hardware cost.

Number of Units Per Year = 200 Firm Fixed Unit Price Option Year 1 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

200.00 EA $0.00 $0.00

2001 .

Project Development and Operational Maintenance: Labor Category 1 Time (T) Portion of Time and Material.

0.00 HR $0.00 $0.00

Line Item Summary

Solicitation Number:

19AQMM23R0223

Contract Number: Title: Virtual Reality Emergency Training VRET RFP

Date of Solicitation:

07/26/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

Option Year 2 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

2002 .

Project Development and Operational Maintenance: Labor Category 2 Time (T) Portion of Time and Material.

Option Year 2 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

0.00 HR $0.00 $0.00

2003 .

Project Development and Operational Maintenance: Other Direct Costs. Not to Exceed Amount Materials (M) Portion of Time and Material.

Option Year 2 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

1.00 LT $5,000.00 $5,000.00

2004 .

Low Complexity Training Development and Access.

Training Development and Access (FFUP).

Estimated Number of Scenarios Per Year = Two (2).

Option Year 2 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

2005 .

Medium Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = Two (2).

Option Year 2 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

2006 .

High Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = One (1).

Option Year 2 Type of Contract Pricing: FFP

Doc Ref No:

1.00 EA $0.00 $0.00

Line Item Summary

Solicitation Number:

19AQMM23R0223

Contract Number: Title: Virtual Reality Emergency Training VRET RFP

Date of Solicitation:

07/26/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

Delivery Date FOB:

2007 .

Gamulation Enhancements .

(Yearly) Firm Fixed Price Option Year 2 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 YR $0.00 $0.00

2008 .

Hardware cost.

Number of Units Per Year = 100 Firm Fixed Unit Price Option Year 2 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

100.00 EA $0.00 $0.00

3001 .

Project Development and Operational Maintenance: Labor Category 1 Time (T) Portion of Time and Material.

Option Year 3 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

0.00 HR $0.00 $0.00

3002 .

Project Development and Operational Maintenance: Labor Category 2 Time (T) Portion of Time and Material.

Option Year 3 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

0.00 HR $0.00 $0.00

3003 .

Project Development and Operational Maintenance: Other Direct Costs. Not to Exceed Amount Materials (M) Portion of Time and Material.

Option Year 3 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

1.00 LT $5,000.00 $5,000.00

3004 .

Low Complexity Training Development and Access.

Training Development and Access (FFUP).

2.00 EA $0.00 $0.00

Line Item Summary

Solicitation Number:

19AQMM23R0223

Contract Number: Title: Virtual Reality Emergency Training VRET RFP

Date of Solicitation:

07/26/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

Estimated Number of Scenarios Per Year = Two (2).

Option Year 3 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

3005 .

Medium Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = Two (2).

Option Year 3 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

3006 .

High Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = One (1).

Option Year 3 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA $0.00 $0.00

3007 .

Gamulation Enhancements .

(Yearly) Firm Fixed Price Option Year 3 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 YR $0.00 $0.00

3008 .

Hardware cost.

Number of Units Per Year = 20 Firm Fixed Unit Price Option Year 3 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

20.00 EA $0.00 $0.00

4001 .

Project Development and Operational Maintenance: Labor Category 1 Time (T) Portion of Time and Material.

Option Year 4 Type of Contract Pricing: TM

0.00 HR $0.00 $0.00

Line Item Summary

Solicitation Number:

19AQMM23R0223

Contract Number: Title: Virtual Reality Emergency Training VRET RFP

Date of Solicitation:

07/26/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

Doc Ref No:

Delivery Date FOB:

4002 .

Project Development and Operational Maintenance: Labor Category 2 Time (T) Portion of Time and Material.

Option Year 4 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

0.00 HR $0.00 $0.00

4003 .

Project Development and Operational Maintenance: Other Direct Costs. Not to Exceed Amount Materials (M) Portion of Time and Material.

Option Year 4 Type of Contract Pricing: TM

Doc Ref No:

Delivery Date FOB:

1.00 LT $5,000.00 $5,000.00

4004 .

Low Complexity Training Development and Access.

Training Development and Access (FFUP).

Estimated Number of Scenarios Per Year = Two (2).

Option Year 4 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

4005 .

Medium Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = Two (2).

Option Year 4 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

2.00 EA $0.00 $0.00

4006 .

High Complexity Training Development and Access. Training Development and Access (FFUP). Estimated Number of Scenarios Per Year = One (1).

Option Year 4 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA $0.00 $0.00

4007 .

Gamulation Enhancements .

1.00 YR $0.00 $0.00

Line Item Summary

Solicitation Number:

19AQMM23R0223

Contract Number: Title: Virtual Reality Emergency Training VRET RFP

Date of Solicitation:

07/26/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

(Yearly) Firm Fixed Price Option Year 4 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

4008 .

Hardware cost.

Number of Units Per Year = 25 Firm Fixed Unit Price Option Year 4 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

25.00 EA $0.00 $0.00

Section G - Contract Administration Data

INV-IPP - ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS TO IMPLEMENT

USAGE OF THE INVOICE PROCESSING PLATFORM (IPP).

(a) Definitions. As used in these instructions

(1)”Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of these instructions, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP) at www.ipp.gov. Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with the IPP application can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866)973-3131. The Contractor shall ensure that its supporting documentation conforms to IPP requirements. IPP accommodates up to 25 supporting attachments per invoice, individual attachment file size may not exceed ten megabytes (10mb). If the Contractor assesses that their supporting documentation will not reasonably conform to IPP requirements, the Contractor shall contact the Contracting Officer to explore possible alternatives. In addition, the IPP only allows certain characters to be used as the invoice number. The invoice number shall conform to the IPP convention and the attachments (if used) shall match exactly the invoice number allowed. The allowed characters in the IPP are “abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ0123456789-_”

(c) If the Contractor wishes to be paid via a foreign bank account, the contractor must properly fill out form GFS-FO-CLM-089 and attach it to each invoice in the IPP where payment to a foreign bank account is requested. The form can obtained by e-mailing CGFSIPPITSForm@state.gov.

(d) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(e) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

[End of instructions]

Section H - Special Contract Requirements

H-042 - Safety and Accountability for Everyone (SAFE) (MAR 2023)

All contractor employees, including subcontractor employees, that are required to possess a PIV badge and support the activities of a Department of State bureau or office on a regular basis (i.e., daily or weekly), whether onsite or remotely, shall participate in the “Safety and Accountability for Everyone” (SAFE) system. Such contractor employees shall provide their work and personal contact information in the SAFE system within 30 calendar days after the contract start date or the effective date of incorporation of this requirement into the contract, whichever is applicable, and maintain its accuracy at all times. The contractor shall include SAFE enrollment/removal as an essential task in its onboarding and out-processing procedures as employees arrive/depart and promptly submit a SAFE service request via the IT Service

Center or email AskSAFE@state.gov to request SAFE profile creation/removal. Contractors shall confirm their personnel acknowledge/respond to all notifications. The contractor shall provide a semi-annual statement that affected contractor and/or subcontractor employees have registered or been removed from SAFE and are responsive to notifications. The statement may be made via email to the Contracting Officer’s Representative (COR), or to the contracting officer if a COR is not assigned. The statement is due within 30 days of the effective date of this award, and every 6 months thereafter.

(End of clause)

Section I - Contract Clauses

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):

FAR: www.acquisition.gov/far DOSAR: https://aope.a.state.sbu/dosar/ [Insert one or more Internet addresses] (End of clause) Clause Title Fill-ins

52.202-1 Definitions (Jun 2020)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-6 Alt I Restrictions on Subcontractor Sales to the Government (Jun 2020) - Alternate

I (Nov 2021)

Clause Title Fill-ins

52.203-7 Anti-Kickback Procedures (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Jun 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021)

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.232-1 Payments (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar

2023)

52.233-3 Protest after Award (Aug 1996)

52.233-3 Alt I Protest after Award (Aug 1996) - Alternate I (Jun 1985)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.243-1 Changes-Fixed-Price (Aug 1987)

52.243-1 Alt I Changes-Fixed-Price (Aug 1987) - Alternate I (Apr 1984)

52.243-1 Alt II Changes-Fixed-Price (Aug 1987) - Alternate II (Apr 1984)

52.243-1 Alt III Changes - Fixed-Price (Aug 1987) - Alternate III (Apr 1984)

52.243-1 Alt IV Changes - Fixed-Price (Aug 1987) - Alternate IV (Apr 1984)

52.243-1 Alt V Changes - Fixed-Price (Aug 1987) - Alternate V (Apr 1984)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Jun 2023)

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-Commercial

Acquisition (Nov 2021)

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jun 2023)

(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) 52.232-40, 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:

[Contracting Officer check as appropriate.]

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

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

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

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

X (9) 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).

X (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (13) 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).

__ (14) [Reserved]

X (15)(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.

__ (16)(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 (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (18)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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.

__ (19)(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 (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

X (23)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (Mar 2023) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (24) 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)).

__ (25) 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)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s).

X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (31)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (32)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

X (33)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

X (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (36)(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).

X (37) 52.222-54, Employment Eligibility Verification (May 2022). (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.)

__ (38)(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.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

__ (41)(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.

__ (42)(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.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (44)(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 (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (48)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

X (49)(i) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).

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

__ (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (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 (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

__ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (52) 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).

__ (53) 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).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (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 (Oct 2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

__ (64)(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).

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

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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.

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

(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(xii) 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.

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

(xiv) (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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to…