2.01 SPRMM1-21-R-YD78.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in

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.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

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

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

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

OFFER (Must be fully completed by offeror)

12. 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 set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN

OFFER(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

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

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

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

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 28

See Schedule

SPRMM1

DLA Maritime at Mechanicsburg

DLA - ZIAA1

SPRMM1-21-R-YD78

5:00 PM

Todd Nace Todd.Nace@dla.mil until local time 7/6/2021

717 8444011

6/3/2021

SPRMM1‐21‐R‐YD78

SECTION A – SUPPLEMENTAL INFORMATION

1. CONTRACT TYPE: This Request for Proposal (RFP) is being issued to establish a single firm‐fixed price (FFP), Requirements Long‐Term Contract (LTC).

2. ITEM FOR PROCUREMENT: This RFP is for NSN 4610‐01‐319‐5337, a desalinator, supporting the Damage

Control and Personnel Safety program. The approved manufacturer for this NSN is Katadyn Desalination, LLC.

(CAGE 4QM71). Attachment 0001 Technical Data Package (TDP) applies to this LTC.

3. PERIOD OF PERFORMANCE: The period of performance for the resultant contract will consist of one‐year base period and two one‐year option periods. The terms “year” and “contract year” as used in this solicitation mean a period of 365 days beginning on the contract start date and every 365 days thereafter, except for a leap year, in which the contract year shall be 366 days.

4. SMALL BUSINESS: This is an unrestricted acquisition. The North American Industry Classification System

(NAICS) code for this solicitation is 333318. The small business size standard corresponding to this NAICS code is 1,000 employees. Other than small businesses are required to provide a small business subcontracting plan in accordance with DFARS 252.219‐7003.

5. GENERAL INSTRUCTIONS: The solicitation package includes the RFP and the following attachments:

Attachment 0001 Technical Data Package (TDP) – This document includes relevant applicable documents and provides additional technical data/requirements.

The solicitation and the above attachment are available for download from the Government Point of Entry

(GPE) website located at https://sam.gov/.

6. Prospective Offerors should insert prices, complete all requirements within the RFP, sign the first page, and email a copy of the completed solicitation to the Contract Specialist along with any other required documents prior to the closing date.

7. CONTRACT MINIMUM/MAXIMUM: In accordance with FAR 16.503, there is no guaranteed minimum or contract maximum limit.

ANNUAL DEMAND QUANTITY (ADQ): The ADQ per year is 2,000 units. The ADQ represents the Government’s best estimate of the total quantities to be ordered and should be considered for planning purposes only.

Refer to Federal Acquisition Regulation (FAR) 16.503, Requirements Contracts, for additional information.

The ADQ set forth in the solicitation are GOOD FAITH ESTIMATES ONLY based on the best data available to the

Contracting Officer at the time of issuance of this solicitation and do not constitute guarantees that this quantity will be ordered. Refer to FAR 52.216‐21. Offerors must consider any business risks associated with the estimates and include them within the breadth of their proposals.

8. PLACING AND PROCESSING ORDERS: Each delivery order will be placed as a stand‐alone delivery order and is subject to the terms and condition of the resultant contract. This solicitation and resulting contract will not be obligating any funds. Funding will be provided on each delivery order placed under the contract. Due to the limitations of the contract writing system, all delivery orders will be issued on DD Form 1155.

9. ACCELERATED DELIVERIES: Accelerated and partial deliveries at no additional cost to the Government are accepted and encouraged.

10. ALTERNATE OFFERS: The Government may consider alternative offers. Alternative offers are encouraged to submit a Source Approval Request (SAR) package, which will be referred to the cognizant engineering activity.

Defense Logistics Acquisition Directive (DLAD) Procurement Notes L04 Offers for Part Numbered Items (SEP

2016) and M06 Evaluation of Offers for Part Numbered Items (SEP 2016) are included in this solicitation;

however per Procurement Note M06 (3), “Offers of alternate product will not be evaluated for a contract action… (3) When the time proposed for award does not permit evaluation and delay of award would adversely affect the Government.” If there is not sufficient time for the engineering activity to determine whether to approve any alternative offer, the SAR package may be considered for future awards.

11. NOTABLE CLAUSES: In addition to all the other terms and conditions of the RFP, Offerors are urged to pay particular attention to the clauses containing provisions and instructions for Requirements contracts as illustrated in the Contract Clauses section:

REF TITLE

FAR 52.216‐18 Ordering

FAR 52.216‐19 Ordering Limitations

FAR 52.216‐21 Requirements

In supplement to FAR 52.216‐18, Ordering, an order shall be considered issued when a copy has been transmitted by electronic mail and/or posted to Electronic Document Access (EDA).

12. TRADE AGREEMENT ACT (TAA): The following TAAs apply to this solicitation:

DFARS 252.225‐7020 Trade Agreements Certificate

DFARS 252.225‐7021 Trade Agreements

13. PROPOSAL VALIDITY: Proposals shall be valid for ninety (90) days after the solicitation closing date.

14. DLAD PROCUREMENT NOTES INCORPORATED BY REFERENCE: This solicitation and resulting contract incorporate one or more DLAD Procurement Notes by reference, with the same force and effect as if they were given in full text. The full text of the Procurement Notes may be accessed electronically at:

https://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx.

15. COVERED DEFENSE INFORMATION (CDI): Note regarding DFARS 252.204‐7008 and DFARS 252.204‐7012: The

Government not including or identifying CDI for this item does not constitute a lack of CDI for this solicitation/resultant award.

16. INSPECTION/ACCEPTANCE: In accordance with E06 Inspection and Acceptance at Source (JUN 2018), Inspection and Acceptance shall be conducted at Origin.

17. FOB: In accordance with FAR 52.247‐29, delivery shall be made FOB Origin and pricing should be reflected as such. The shipping address for marking purposes will be identified on each individual delivery order.

18. PACKAGING AND MARKING REQUIREMENTS: All products shall be marked in accordance with MIL‐STD‐129 and MIL‐STD‐130 and packaged in accordance with MIL‐STD‐2073. A copy of the packaging code is listed on page 4 of the solicitation. Commercial packaging is not authorized.

19. TRACEABILITY: All suppliers, with the exception of the Original Equipment Manufacturer (OEM), shall provide complete traceability back to the OEM in accordance with DLAD Procurement Notes C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2020) found on page 5 of this solicitation, and L04 Offers for

Part Numbered Items (SEP 2016) found on page 24 of this solicitation. Offers submitted without the required traceability documentation will be found non‐responsive and will be ineligible for award.

20. SYSTEM FOR AWARD MANAGEMENT (SAM): In accordance with FAR 4.1102, Offers shall be registered in the

SAM database prior to award, during performance, and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the internet at https://www.sam.gov/SAM/.

21. ANNUAL REPRESENTATIONS AND CERTIFICATIONS: In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of the required registration.

Registration in this database shall remain active and can be accessed at https://www.sam.gov/SAM/.

22. INVOICE AND PAYMENT: Invoice and Payment will be made via Wide Area Workflow (WAWF). The successful

Offeror shall be registered in WAWF for processing vendor payment requests. See DFARS 252.232‐7003 and

252.232‐7006.

23. POINTS OF CONTACT: Contract Specialist – Todd Nace (Todd.Nace@dla.mil)

Contracting Officer – Brandon Bernhard (Brandon.Bernhard@dla.mil)

24. CORRESPONDENCE: Offerors responding to this announcement shall submit their proposals along with any other required documentation via email to Todd.Nace@dla.mil. All offers shall be received by Tuesday, July 6, 2021, at 5:00 PM EASTERN LOCAL TIME to be considered for award.

SECTION B –SCHEDULE OF SUPPLIES

CLIN 0001 NSN: 4610‐01‐319‐5337

NOMENCLATURE: DESALINATOR, HND, OP

MANUFACTURER CAGE: 4QM71

MANUFACTURER PART NUMBER: MROD‐35LL1

PACKAGING CODE:

HM QUP ICQ PMT CD PM WM CUD CT UC LP IC UCL SP MK PACK

N 001 000 10 1 00 EA GC D ED A 00 O 00 EQQ

UNIT PKWT UNIT PKCU OPI CAGE SPI NUMBER REV SPI DATE CONTAINER NSN

.9 1.170 O

UNIQUE: N SUPPLEMENTAL INSTRUCTIONS

PPPM LEVEL: SHELF LIFE CD: 0 SHELF LIFE ACTION CD: 00

0001AA Base Year 1

Range Quantities

From To Unit Price

501 1,000 $

1,001 1,500 $

1,501 2,000 $

2,001 2,500 $

0001AB Option Year 1

From To Unit Price

501 1,000 $

1,001 1,500 $

0001AC Option Year 2

From To Unit Price

501 1,000 $

1,001 1,500 $

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

This solicitation incorporates one or more DLAD Procurement Note(s) by reference, with the same force and effect as if they were given in full text. The full text of the DLAD Procurement Note(s) may be accessed electronically at: https://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx.

DLAD Proc Note C01 Superseded Part Numbered Items (SEP 2016)

DLAD Proc Note C02 Manufacturing Phase‐Out or Discontinuation of Production, Diminishing Sources, and

Obsolete Materials or Components (DEC 2016)

DLAD Proc Note C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2020)

DLAD Proc Note C04 Unused Former Government Surplus Property (DEC 2016)

DLAD Proc Note C14 Correction of Nonconforming Packaging or Marking (MAY 2020)

DLAD Proc Note C20 Vendor Shipment Module (VSM) (JUN 2020)

DLAD Proc Note C21 Shipping Instruction Request (SIR) (JUN 2020)

SECTION D – PACKAGING AND MARKING

Preservation, Packaging, Packing, and Marking shall be in accordance with MIL‐STD‐2073 as found in the schedule.

Additional Preservation, Packaging, Packing, and Marking information included in Attachment 0001 Technical

Data Package (TDP) applies.

The contractor shall remove or obliterate from any rejected end item and its packing/packaging, any marking, symbol, or representation that the end item or any part of it has been produced or manufactured for the United

States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. Any rejected end item that is donated, sold, or disposed of in commercial channels shall first have its donation, sale, or disposal in commercial channels approved of by the Contracting Officer.

This document incorporates one or more clause(s) 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 the clause(s) may be accessed electronically at these addresses:

FAR: https://www.ecfr.gov/ under Title 48, Chapter 1

DFARS: https://www.ecfr.gov/ under Title 48, Chapter 2

Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html

DLAD: https://www.acquistion.gov/dlad/

NAVSUP WSS Local: https://www.navsup.navy.mil/public/navsup/wss/pi_cd/

Regulatory Cite Title _ Date___

WSSTERMDZ03 PRESERVATION, PACKAGING, PACKING AND MARKING MAY 2020

SECTION E – INSPECTION AND ACCEPTANCE

The following DLAD Procurement Note(s) apply to this acquisition:

DLAD Proc Note E05 Product Verification Testing (MAY 2020)

DLAD Proc Note E06 Inspection and Acceptance at Source (JUN 2018)

Inspection and acceptance are at source. The place of acceptance is the location where the Government conducts the last inspection before shipment, unless the contractor indicated a different physical location for acceptance below.

The contractor shall indicate the location where supplies will be inspected, if different from the production location:

Commercial and Government Entity (CAGE) code: ____________________________________________________

Address: _____________________________________________________________________________________

Applicable to contract line item number(s) (CLIN(s)): __________________________________________________

The contractor shall indicate the location where packaging will be inspected, if different from the production location:

( ) Same as for supplies OR

CAGE code: ___________________________________________________________________________________

Address: _____________________________________________________________________________________

Applicable to CLIN(s): ___________________________________________________________________________

The contractor shall indicate the location where supplies will be accepted, if different from the inspection location:

Commercial and Government Entity (CAGE) code: ____________________________________________________

Address: _____________________________________________________________________________________

Applicable to contract line item number(s) (CLIN(s)): __________________________________________________

The following clause(s) apply to this solicitation:

FAR 52.246‐2 INSPECTION OF SUPPLIES – FIXED PRICE AUG 1996

FAR 52.246‐16 RESPONSIBILITY FOR SUPPLIERS APR 1984

SECTION F – DELIVERIES OR PERFORMANCE

GOVERNMENT REQUIRED DELIVERY SCHEDULE

The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule

Quantity Within Days After Date of Order

501‐1,000 250

1,001‐1,500 315

1,501‐2,000 380

2,001‐2,500 450

The Government may elect to consider for award only those offers that comply with the required delivery schedule but reserves the right to consider offered delivery times that exceed the number of delivery days requested by the Government. The Offeror may propose an alternative delivery schedule below. If the Offeror proposes no other delivery schedule, the requested delivery schedule above will apply. The Government will evaluate delivery in accordance with Sections L and M of the solicitation. The Government reserves the right to award either under the requested delivery schedule or the proposed delivery schedule when an Offeror offers an earlier delivery schedule than required above.

OFFERORS PROPOSED DELIVERY SCHEDULE

The Offeror’s proposed delivery schedule is:

Offeror’s Proposed Delivery Schedule

Quantity Within Days After Date of Order

501‐1,000

1,001‐1,500

1,501‐2,000

2,001‐2,500

The Offeror shall compute the time available for performance beginning with the actual date of the delivery order. Delivery orders or notice of delivery orders will be transmitted by electronic mail and/or posted to EDA no later than the day after the delivery order is dated.

L&M Proc Note 211‐9004 PRIORITY RATING FOR VARIOUS LONG‐TERM CONTRACTS (JUNE 2015)

Because this contract does not have a specified delivery date, the basic contract is not rated; however, orders placed against it that include a delivery date are rated orders under FAR 52.211‐15, Defense Priority and

Allocation Requirements (APR 2008), as of the date of receipt by the supplier.

The following clause(s) apply to this acquisition:

Regulatory Cite Title _ Date___

FAR 52.242‐15 STOP‐WORK ORDER AUG 1989

FAR 52.242‐17 GOVERNMENT DELAY OF WORK APR 1984

FAR 52.247‐29 F.O.B. ORIGIN FEB 2006

SECTION G – CONTRACT ADMINISTRATION DATA

The following clause(s) apply to this acquisition:

Regulatory Cite Title _ Date___

DFARS 252.232‐7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC 2018

(a) Definitions. As used in this clause—

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document Type" means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232‐7003, electronic Submission of

Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS)

252.232‐7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall‐‐

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step‐by‐step procedures for self‐registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web‐Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost‐type line items, including labor‐hour or time‐and‐materials, submit a cost voucher.

(ii) For fixed price line items‐‐

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting

Officer.

( <Invoice and Receiving Reports> )(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

( <Not Applicable (N/A)> )(Contracting Officer: Insert either Invoice 2in1 or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213‐1 is included in the contract.

(f) (Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC To Be Determined (TBD)

Issue By DoDAAC SPRMM1

Admin DoDAAC TBD

Inspect By DoDAAC TBD

Ship to Code To Be Determined on Each Individual Delivery Order

Ship from Code TBD

Mark for Code To Be Determined on Each Individual Delivery Order

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) TBD

Accept at Other DoDAAC ___

LPO DoDAAC ___

DCAA Auditor DoDAAC ___

Other DoDAAC(s) ___

(Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert

See Schedule or Not applicable.)

(Contracting Officer: If the contract provides for progress payments or performance‐based payments, insert the

DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition

Regulation 52.216‐7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s

WAWF point of contact.

( <Not Applicable> )(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866‐618‐5988, if assistance is needed.

(End of Clause)

SECTION I – CONTRACT CLAUSES

The following clause(s) apply to this acquisition:

Regulatory Cite Title _ Date___

FAR 52.202‐1 DEFINITIONS JUN 2020

FAR 52.203‐3 GRATUITIES APR 1984

FAR 52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL JUN 2020

TRANSACTIONS

FAR 52.203‐17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND JUN 2020

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

FAR 52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER MAY 2011

CONTENT PAPER

FAR 52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

FAR 52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

FAR 52.204‐19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND DEC 2014

CERTIFICATIONS

FAR 52.204‐21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION JUN 2016

SYSTEMS

FAR 52.211‐15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR 2008

FAR 52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS OCT 2018

FAR 52.215‐8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT OCT 1997

FAR 52.216‐24 LIMITATION OF GOVERNMENT LIABILITY APR 1984

FAR 52.222‐20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT JUN 2020

EXCEEDING $15,000

FAR 52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021

FAR 52.227‐1 AUTHORIZATION AND CONSENT DEC 2007

FAR 52.227‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT JUN 2020

INFRINGEMENT

FAR 52.229‐3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

FAR 52.229‐12 TAX ON CERTAIN FOREIGN PROCUREMENTS FEB 2021

FAR 52.232‐1 PAYMENTS APR 1984

FAR 52.232‐8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

FAR 52.232‐11 EXTRAS APR 1984

FAR 52.232‐17 INTEREST MAY 2014

FAR 52.232‐23 ASSIGNMENT OF CLAIMS MAY 2014

FAR 52.232‐25 PROMPT PAYMENT JAN 2017

FAR 52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

FAR 52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS DEC 2013

SUBCONTRACTORS

FAR 52.233‐1 DISPUTES MAY 2014

FAR 52.242‐13 BANKRUPTCY JUL 1995

FAR 52.243‐1 CHANGES – FIXED PRICE AUG 1987

FAR 52.244‐5 COMPETITION IN SUBCONTRACTING DEC 1996

FAR 52.246‐17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE JUN 2003

FAR 52.246‐26 REPORTING NONCONFORMING ITEMS JUN 2020

FAR 52.247‐68 REPORT OF SHIPMENT (REPSHIP) FEB 2006

FAR 52.249‐2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED‐PRICE) APR 2012

FAR 52.249‐8 DEFAULT (FIXED‐PRICE SUPPLY AND SERVICE) APR 1984

FAR 52.253‐1 COMPUTER GENERATED FORMS JAN 1991

DFARS 252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD SEP 2011

OFFICIALS

DFARS 252.203‐7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP 2013

DFARS 252.203‐7003 AGENCY OFFICE OF THE INSPECTOR GENERAL AUG 2019

DFARS 252.204‐7000 DISCLOSURE OF INFORMATION OCT 2016

DFARS 252.204‐7002 PAYMENT FOR CONTRACT LINE OR SUBLINE ITEMS NOT SEPARATELY APR 2020

PRICED

DFARS 252.204‐7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR 1992

DFARS 252.204‐7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD‐PARTY OCT 2016

CONTRACTOR REPORTED CYBER INCIDENT INFORMATION

DFARS 252.204‐7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER DEC 2019

INCIDENT REPORTING

DFARS 252.204‐7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR MAY 2016

LITIGATION SUPPORT

DFARS 252.204‐7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE JAN 2021

TELECOMMUNICATIONS EQUIPMENT OR SERVICES

DFARS 252.204‐7020 NIST SP 800‐171 DOD ASSESSMENT REQUIREMENTS NOV 2020

DFARS 252.205‐7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC 1991

DFARS 252.209‐7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED MAY 2019

BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR

OF TERRORISM

DFARS 252.209‐7010 CRITICAL SAFETY ITEMS AUG 2011

DFARS 252.211‐7006 PASSIVE RADIO FREQUENCY IDENTIFICATION DEC 2019

DFARS 252.219‐7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) – BASIC DEC 2019

DFARS 252.223‐7008 PROHIBITION OF HEXAVALENT CHROMIUM JUN 2013

DFARS 252.225‐7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS DEC 2017

DFARS 252.225‐7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING DEC 2019

SPECIALTY METALS

DFARS 252.225‐7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DEC 2017

DFARS 252.225‐7013 DUTY‐FREE ENTRY (DEVIATION 2020‐O0019) JUL 2020

DFARS 252.225‐7021 TRADE AGREEMENTS – BASIC SEP 2019

DFARS 252.225‐7048 EXPORT‐CONTROLLED ITEMS JUN 2013

DFARS 252.226‐7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN‐OWNED ECONOMIC APR 2019

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

DFARS 252.232‐7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING DEC 2018

REPORTS

DFARS 252.232‐7010 LEVIES ON CONTRACT PAYMENTS DEC 2006

DFARS 252.232‐7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS APR 2020

– PROHIBITION ON FEES AND CONSIDERATION

DFARS 252.243‐7001 PRICING OF CONTRACT MODIFICATIONS DEC 1991

DFARS 252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC 2012

DFARS 252.244‐7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN 2021

DFARS 252.246‐7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES JUN 2013

DFARS 252.246‐7008 SOURCES OF ELECTRONIC PARTS MAY 2018

DFARS 252.247‐7023 TRANSPORTATION OF SUPPLIES BY SEA – BASIC FEB 2019

DLAD 5452.233‐9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION JUN 2020

(ADR)

FAR 52.215‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT JAN 2021

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(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 items:

(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 (JUL 2018) (Section 1634 of Pub. L. 115‐91).

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

Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115‐232).

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

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

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

3805 note)).

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

_X_ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

_X_ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020) (Pub. L. 109‐

282) (31 U.S.C. 6101 note).

__ (5) [Reserved]

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

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (OCT 2016) (Pub. L.

111‐117, section 743 of Div. C).

_X_ (8) 52.209‐6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

_X_ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

__ (10) [Reserved]

__ (11)(i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219‐3.

__ (12)(i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219‐4.

__ (13) [Reserved]

__ (14)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219‐6.

__ (15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219‐7.

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

_X_ (17)(i) 52.219‐9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219‐9.

_X_ (iii) Alternate II (NOV 2016) of 52.219‐9.

__ (iv) Alternate III (JUN 2020) of 52.219‐9.

__ (v) Alternate IV (JUN 2020) of 52.219‐9.

__ (18)(i) 52.219‐13, Notice of Set‐Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219‐14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (MAR 2020) (15 U.S.C.

657f).

_X_ (22)(i) 52.219‐28, Post‐Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219‐28.

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged Women‐Owned

Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219‐30, Notice of Set‐Aside for, or Sole Source Award to, Women‐Owned Small Business Concerns

Eligible Under the Women‐Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

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

__ (26) 52.219‐33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

__ (27) 52.222‐3, Convict Labor (JUN 2003) (E.O. 11755).

_X_ (28) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

_X_ (29) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30)(i) 52.222‐26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

_X_ (31)(i) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

_X_ (32)(i) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

_X_ (33) 52.222‐37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

_X_ (35)(i) 52.222‐50, Combating Trafficking in Persons (OCT 2020) (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_ (36) 52.222‐54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated Items (MAY 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

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

_X_ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN

2016) (E.O. 13693).

__ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN

2016) (E.O. 13693).

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

__ (ii) Alternate I (OCT 2015) of 52.223‐13.

__ (41)(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223‐14.

__ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43)(i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐16.

_X_ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

__ (48) 52.225‐1, Buy American—Supplies (JAN 2021)) (41 U.S.C. chapter 83).

__ (49)(i) 52.225‐3, Buy American—Free Trade Agreements—Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19

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

__ (ii) Alternate I (JAN 2021) of 52.225‐3.

__ (iii) Alternate II (JAN 2021) of 52.225‐3.

__ (iv) Alternate III (JAN 2021) of 52.225‐3.

__ (50) 52.225‐5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225‐13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (NOV 2007) (42 U.S.C. 5150).

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

__ (55) 52.229‐12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C.

2307(f)).

__ (57) 52.232‐30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

__ (59) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013)

(31 U.S.C. 3332).

__ (60) 52.232‐36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239‐1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

__ (63)(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) 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 items: [Contracting Officer check as appropriate.]

__ (1) 52.222‐41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

__ (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).

__ (7) 52.222‐55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215‐2, Audit and Records—Negotiation.

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. 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 (JUN 2020) (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 (JUL 2018) (Section 1634 of Pub. L. 115‐91).

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

Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(v) 52.219‐8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.

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

(xiii) __ (A) 52.222‐50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xiv) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222‐62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxii) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.

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

(End of clause)

FAR 52.216‐18 ORDERING AUG 2020

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from [To Be

Determined] through [To Be Determined].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

FAR 52.216‐19 ORDERING LIMITATIONS OCT 1995

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) unit, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 2,501 units;

(2) Any order for a combination of items in excess of 2,501 units; or

(3) A series of orders from the same ordering office within ninety (90) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum‐order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216‐21 REQUIREMENTS OCT 1995

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be…