RFP 19GT5025R0006 - Exterior Cleaning Space Services - Updated Statement of Work.pdf

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US Embassy Guatemala Exterior Cleaning Services
Solicitation number
19GT5025R0006
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About this file

This document is a Request for Proposal (RFP) for exterior cleaning services at the US Embassy compound in Guatemala City. The solicitation (RFP Number 19GT5025R0006) seeks a contractor to provide comprehensive exterior cleaning services for approximately 13,600 square meters of exterior spaces and 22,750 square meters of parking garage. The contract will be for a one-year base period with four additional one-year option periods, resulting in a potential total contract duration of five years.

The scope of work includes daily sweeping, trash collection, pressure washing, cleaning of concrete benches, water features, memorial areas, trash bins, and maintaining specific courtyards and walkways. The contractor must provide all labor, equipment, and materials, including certified personnel to operate walk-behind and man-on-board scrubbers. Specific requirements include performing sweeping twice daily in exterior spaces, collecting and disposing of trash, addressing stains, and conducting monthly pressure washing. The contract will be a firm-fixed price, with pricing to be submitted in either Quetzales or US Dollars. Additional requirements include providing high-visibility uniforms, safety equipment, and maintaining specific quality standards with no more than one customer complaint per month.

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SBU - CONTRACTING AND ACQUISITIONS

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, RFP Number 19GT5025R0006, Prices, Block 23

• Continuation To SF-1449, RFP Number 19GT5025R0006, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Performance Work Statement, Government

Furnished Property

SECTION 2 - CONTRACT CLAUSES

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

SECTION 3 - SOLICITATION PROVISIONS

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 4 - EVALUATION FACTORS

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFP NUMBER 19GT5025R0006, PRICES, BLOCK 23

I. PERFORMANCE WORK STATEMENT

The purpose of this solicitation is to acquire Exterior cleaning services for the US Embassy Compound, located in Boulevard Austriaco 11-51, Zona 16 in Guatemala City, Guatemala. The Contractor shall complete all work, including furnishing all labor, material, equipment, and services, unless otherwise specified herein, required under this contract for stated services within the time specified herein. The price listed below shall include all labor, materials, overhead, and profit. In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid firm fixed prices for all services.

II. PRICING

With exception to Government furnished property, the Contractor shall furnish all labor, tools, equipment, materials, supplies and services to provide the required services as specified under Section 1, hereof.

The contract will be for a one-year period from the date of the award; however, physical work on the project will not begin until submission of satisfactory Certificate(s) of Insurance are accepted by the Contracting Officer. The award includes four one-option periods.

In consideration of satisfactory performance of the services required under this contract, the Contractor shall be paid a firm fixed price (FFP) per month as stated in the schedule below. Offers shall be in Quetzales or U.S. Dollars, depending on the Contractor´s capacity to provide an invoice in the currency proposal was submitted. However, the currency awarded in the contract will remain throughout the performance periods of the contract, all options included.

2.1 VALUE ADDED TAX

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it shall be included in invoices submitted for payment and an IVA form will be provided for 12% tax.

2.2 BASE PERIOD – INDICATE THE CURRENCY OF PAYMENT

CLIN SUB-

CLIN DESCRIPTION OF SERVICES QUANTITY UNIT UNIT PRICE

(NET)

TOTAL FIRM

FIXED PRICE

(NET)

NEC Exterior cleaning services at Boulevard Austriaco 11-51, Zona 16.

Exterior spaces: 13,600 sq. m.

Parking space: 22,750 sq. m.

Price per sq. m.:

12 Month

2 Defense Base Act (Insurance) 12 Month

3 Liability Insurance 12 Month

0001 GRAND TOTAL FOR BASE YEAR (NET)

2.3 FIRST OPTION YEAR

(NET)

TOTAL FIRM

FIXED PRICE

(NET)

NEC Exterior cleaning services at Boulevard Austriaco 11-51, Zona 16.

Exterior spaces: 13,600 sq. m.

Parking space: 22,750 sq. m.

Price per sq. m.:

12 Month

2 Defense Base Act (Insurance) 12 Month 3 Liability Insurance 12 Month

1001 GRAND TOTAL FOR FIRST OPTION YEAR (NET)

2.4 SECOND OPTION YEAR

(NET)

TOTAL FIRM

FIXED PRICE

(NET)

NEC Exterior cleaning services at Boulevard Austriaco 11-51, Zona 16.

Exterior spaces: 13,600 sq. m.

Parking space: 22,750 sq. m.

Price per sq. m.:

12 Month

2 Defense Base Act (Insurance) 12 Month

2001 GRAND TOTAL FOR SECOND OPTION YEAR (NET)

2.5 THIRD OPTION YEAR

(NET)

TOTAL FIRM

FIXED PRICE

(NET)

NEC Exterior cleaning services at Boulevard Austriaco 11-51, Zona 16.

Exterior spaces: 13,600 sq. m.

Parking space: 22,750 sq. m.

Price per sq. m.:

12 Month

2 Defense Base Act (Insurance) 12 Month

3001 GRAND TOTAL FOR THIRD OPTION YEAR (NET)

2.6 FOURTH OPTION YEAR

(NET)

TOTAL FIRM

FIXED PRICE

(NET)

NEC Exterior cleaning services at Boulevard Austriaco 11-51, Zona 16.

Exterior spaces: 13,600 sq. m.

Parking space: 22,750 sq. m.

Price per sq. m.:

12 Month

2 Defense Base Act (Insurance) 12 Month 3 Liability Insurance 12 Month

4001 GRAND TOTAL FOR FOURTH OPTION YEAR (NET)

2.7 FAR 52.217-8 (SIX-MONTH) OPTION TO EXTEND SERVICE

(NET)

TOTAL FIRM

FIXED PRICE

(NET)

NEC Exterior cleaning services at Boulevard Austriaco 11-51, Zona 16.

Exterior spaces: 13,600 sq. m.

Parking space: 22,750 sq. m.

Price per sq. m.:

6 Month

2 Defense Base Act (Insurance) 6 Month 3 Liability Insurance 6 Month

5001 GRAND TOTAL FOR OPTION TO EXTEND THE SERVICE (NET)

2.8 SUMMARY

Total pricing including all option years:

Base year (0001) First option year (1001)

Second option year (2001) Third option year (3001)

Fourth option year (4001)

FAR 52.217-8 OPTION (5001)

Grand total (NET)

III. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance objective Scope of work paragraphs Performance Threshold Services Performs all Exterior cleaning services set forth in the scope of work.

1. thru 11.

All required services are performed and no more than one (1) customer complaint is received per month.

1. SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

2. STANDARD. The performance standard is that the Government receives no more than one (1) [Note to Contracting Officer: Insert other number if desired] customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.

3. PROCEDURES.

a. If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

b. The COR will complete appropriate documentation to record the complaint.

c. If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

d. If the COR determines the complaint is valid, the COR will inform the Contractor and give the

Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

e. The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

f. If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

g. The COR will consider complaints as resolved unless notified otherwise by the complainant.

h. Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

CONTINUATION TO SF-1449,

RFP NUMBER 19GT5025R0006, SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. SCOPE OF WORK

The U.S. Embassy in Guatemala issues a solicitation for Exterior cleaning services for the Embassy Compound, located in Zone 16 in Guatemala City, Guatemala including all equipment, labor, materials as described herein.

1.1 Deliverables

The contractor shall deliver a service that cleans and maintains all pedestrian walkways free of foreign debris, as well as the pavement of the parking garage and marked parking spaces free of litter, covering approximately 13,600 square meters of exterior spaces and 22,750 square meters of parking garage.

The total exterior area includes the cleaning of concrete benches, water features, the memorial, trash bins, ashtrays, trash collection carts, trash collection rooms, exterior handrails, and benches. The following courtyards, as identified in the attached drawing, must also be maintained: NOB Courtyard, MSGR Terrace, MSGR Recreation Area (basketball court), and the Consular Garden. In addition, the edges of planters under 1.80 meters in height—particularly those along the walkways in the Consular Arrival Plaza—must be kept clean and free of debris or noticeable stains.

Exterior cleaning services shall include:

1. Performing sweeping at least twice a day in an estimated exterior space of 13,600 square meters, including pavers, pedestrian walkways, ramps, staircases and courtyards. Schedules shall be agreed upon with the COR.

2. Performing sweeping at least once a day in parking garage space of 22,750 square meters.

Schedules shall be agreed upon with the COR.

3. Collecting, packing, and disposing of trash, dust, and any kind of waste at least twice a day throughout the 13,600 square meters of pavers, pedestrian walkways, and courtyards, as well as in the 22,750 square meters of parking spaces. Schedules shall be agreed upon with the COR.

4. Address spotted stains in areas where deficiencies or the need for additional attention may be identified by the COR.

5. Performing monthly pressure washing or scrubbing in pavers, pedestrian walkways, and courtyards, or as required throughout the 13,600 square meters of surface.

6. Performing monthly pressure washing or scrubbing in parking garage space or as required throughout the 22,750 square meters of surface.

7. Performing monthly pressure washing or scrubbing of the water features and remove leaves and trash from the pebble-filled border surrounding the water features.

8. Providing personnel capable of operating the walk-behind scrubbers to perform cleaning tasks on pavers and parking spaces.

9. Providing certified personnel capable of operating a B300 RI D Kärcher man-on-board scrubber to perform daily cleaning tasks on pavers and parking spaces.

10. Daily cleaning of exterior concrete benches, memorial, trash bins, and ashtrays.

11. Cleaning of the trash collection carts and the Trash Transfer Room after each garbage collection event or at least once per week.

12. Performing weekly cleaning of the gate rails at the SCAP, MCAP, and Consulate gates, or as required, to prevent them from getting stuck due to the accumulation of trash, debris, or organic waste.

13. Using, safeguarding, and inventorying cleaning products, tools and equipment supplied by the Embassy.

14. Using, safeguarding and inventorying tools and equipment provided by the contractor.

15. Performing weekly supervision by the contractor’s Project Manager or as agreed with the COR.

16. Monthly reporting on tasks performed and Quality Control controls or as required by the COR.

1.2 Performance Metrics and Evaluation

The contractor's performance will be evaluated based on specific performance indicators such as timeliness, quality of work, and adherence to safety protocols. Regular evaluations will be conducted to ensure compliance and quality.

1.3 Quality Inspections

The quality of the services provided will be assessed using the following checklist items, though the list is not exhaustive:

• No visible grease stains

• No visible rust stains

• No litter or trash present

• No chewing gum stuck on the ground

• No tire marks present

• No oil spills present

• No excessive accumulation of dry leaves on pavers and walkways

• No excessive accumulation of leaves between the gravel in the water features

• No tools left behind

• Ashtrays free of ash

• Trash bins are not overflowing

• Trash bins have a liner

• Trash bins are free from stains

Additional inspections and quality checks may be conducted at the discretion of the COR to ensure compliance with the standards of cleanliness and maintenance outlined in this contract.

1.4 Work Schedule

The Contractor shall comply with the following work schedule:

• Weekdays: Monday to Friday from 6:00 AM to 4:30 PM.

• Weekends: Saturdays and Sundays will be required for the sweeping and scrubbing of the parking garages. COR approval is required if the contractor wants to work outside of the standard work schedule.

1.5 Government Furnished Property

The Contractor has the option to reject any or all Government furnished property or items However, if rejected, the Contractor shall provide all necessary property, equipment or items, adequate in quantity and suitable for the intended purpose, to perform all work and provide all services at no additional cost to the Government.

All Government furnished property, or items are provided in an "as is" condition and shall be used only in connection with performance under this contract. The Contractor is responsible for the proper care and use of Government property in its possession or control from time of receipt until properly relieved of responsibility in accordance with the terms of the contract. The Contractor shall pay all costs for repair or replacement of Government furnished property that is damaged or destroyed due to Contractor negligence.

The Government will provide the following equipment and supplies:

a. Walk-behind floor scrubber

b. A man-on-board floor scrubber Kärcher B 300 RI D (Diesel fueled)

Note: The US Embassy will not provide Diesel fuel for the floor scrubber. The contractor shall be responsible for procuring the required fuel in appropriate, approved, OSHA standard containers and delivering it to the Embassy for fueling the equipment in the SCAP parking area.

c. Detergent for the floor scrubbers and other cleaners required for the service, including:

i. Kärcher RM33

ii. Kärcher RM55

iii. Kärcher RM 735

iv. Kärcher RM 750

v. Kärcher RM 751

d. Pressure washer machine (regular gasoline fueled)

e. Buckets, trash bags, brooms, and rags

f. Water hoses

g. Regular gasoline

Note: Regular gasoline shall be available at the Embassy fuel dispatcher.

The Contractor shall maintain written records of work performed, and report immediately in written the need for any repair, replacement and other minor or capital rehabilitation work for Government property in its control.

1.6 Physical Inventory

The Contractor shall conduct a physical inventory of all Government-furnished property in its possession. Physical inventories shall include the identification (by sighting, tagging, or marking), description, documentation, reporting, and reconciliation of the property with written records. These inventories shall be performed periodically, as directed by the COR, and upon contract completion or termination. A shared storage room will be provided to the Contractor for the proper safekeeping of equipment and supplies. The Contractor shall be responsible for maintaining the storage room in an orderly and clean condition, and shall coordinate periodic cleanings with the other contractors who share the space.

1.7 Contractor Materials and Labor

The Contractor shall supply the following materials and labor:

a. The amount of workforce required to perform the tasks described in the Scope of Work.

b. An on-site supervisor who serves as the point of contact for the COR.

c. At least one person with demonstrable experience in operating a man-on-board scrubber machine.

d. Tools and equipment not provided by the US Embassy.

e. High-visibility uniforms that include reflective bands compliant at a minimum with ANSI 107-

2015 Type R Class 2 for contractors working at the post. The contractor is responsible for supplying uniforms to maintain an adequate presentation.

f. Safety shoes, personal protection elements (PPEs), and any other safety equipment compliant with American regulations, including but not limited to ANSI, ASTM, and NIOSH according to the previous developed Activity Hazard Analysis (AHA) and authorized by the COR and A-POSHO.

g. Proper materials and equipment necessary for the job that are not included in the Government

Furnished Property list.

h. Diesel for the man-on-board B 300 RI D floor scrubber, provided as needed at SCAP Parking or as agreed with the COR.

i. Regular gasoline for the equipment as needed.

1.7 Personnel Standard of Conduct

The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site.

The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the Government.

Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

The contractor is responsible for maintaining discipline and taking precautions to prevent unlawful or disorderly conduct.

1.7.1 Uniforms and Personal Equipment

The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

1.7.2 Training Requirements

All contractor employees must undergo mandatory training sessions on safety, equipment operation, and compliance with relevant regulations. This training must be completed before commencing work and periodically refreshed as required.

1.7.3 Disorderly conduct

Use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

1.7.4 Intoxicants and Narcotics

The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

1.7.5 Criminal Actions

Contractor employees may be subject to criminal actions as allowed by law in certain circumstances.

These include but are not limited to the following actions:

• Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records.

• Unauthorized use of Government property, theft, vandalism, or immoral conduct.

• Unethical or improper use of official authority or credentials.

• Security violations; or,

• Organizing or participating in gambling in any form

1.7.6 Key Control

The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract.

The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract.

If the Contractor has lost any such keys, the Contractor shall immediately notify the CO and the COR.

In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

1.8 Laws and Regulations

Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. In the event of a conflict among the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

1.9 Safety and Environmental

Safety requirements include compliance with DOSAR 652.236-70 and the provision of personal protective equipment (PPE).

1.9.1 Emergency Procedures

The contractor must develop and maintain emergency procedures for handling accidents, security breaches, and other emergencies. These procedures must be approved by the COR and regularly reviewed and updated.

1.9.2 Environmental Considerations

The contractor must follow guidelines on waste management, recycling, and the use of eco-friendly products. Efforts should be made to minimize environmental impact and promote sustainability.

1.10 Communication and Reporting

Contractor must outline a detailed communication plan, including regular meetings, reporting formats, and points of contact to improve coordination and transparency.

II. CERTIFICATE OF INSURANCE

The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the insurance required. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not less than thirty (30) days before such change, expiration or cancellation is effective. When coverage is provided by self-insurer, the Contractor shall not change or decrease the coverage without the Contracting Officer's approval. If the Contractor intends to use any subcontractors under this contract, the Contractor must ensure that the subcontractor carries the types and amounts of insurance as identified below.

The Contractor's attention is directed to Section I, 52.228-5, "Insurance - Work on a Government Installation". As required by this clause, the Contractor is required to provide whatever insurance is legally necessary. The Contractor, shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

1. Bodily Injury, on or off the site in US Dollars Per occurrence US$50,000 Cumulative US$500,000 Property Damage, on or off the site in US Dollars Per occurrence US$100,000 Cumulative US$1,000,000

The foregoing types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK 27A)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

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: Acquisition.gov

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 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).

__(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).

https://acquisition.gov/browse/index/far https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900

__(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).

X (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L.

115–390, title II).

X (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) ( Pub. L. 115–390, title II).

__(ii) Alternate I (DEC 2023) of 52.204-30.

__(12) 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).

__(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] __(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.

__(20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

__(21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

__(22)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__(ii) Alternate I (MAR 2020) of 52.219-13.

__(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).

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.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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim 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://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27

__(26)

(i) 52.219-28, Post Award Small Business Program Representation (FEB 2024)

(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)).

X (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)).

__(31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

__(33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)

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

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

__(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.

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

__(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

X (39)

(i) 52.222-50, Combating Trafficking in Persons (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).

__(40) 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.)

__(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.).

__(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.).

X (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__(46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42

U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim 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.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim

__(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).

X (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).

X (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

X (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).

__(63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by

American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118- 31, 41 U.S.C. 3901 note prec.).

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

__(65)

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

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

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

(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 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 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 https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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

__(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

__(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

__(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent

Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)).

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

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

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

(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).

https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/52.247-69#FAR_52_247_69 https://www.govinfo.gov/link/uscode/49/40118 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7 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

(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.

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