20343124R00005 Honduras.pdf

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Attached to
In Country Support Honduras Federal contract opportunity
Solicitation number
20343124R00005
Issued by
Department of the Treasury Bureau of the Fiscal Service

About this file

This document is a solicitation (Solicitation Number: 20343124R00005) issued by the Bureau of the Fiscal Service on behalf of the Inter-American Foundation (IAF) for in-country program development, management, monitoring, evaluation, and learning services in Honduras. The IAF is seeking applications from qualified individuals or organizations based in Honduras to provide these services under an Indefinite Delivery, Indefinite Quantity (IDIQ) labor hour contract.

The contract will be awarded for a 12-month base period with four 12-month option periods. Applicants must meet minimum qualifications, including a bachelor's degree, at least 10 years of experience working with marginalized groups and grassroots community-led development (at least half in Honduras), monitoring and evaluation experience, and grant management expertise. Applications are due by July 31, 2024 and must be submitted in English or Spanish. The IAF will evaluate applicants in multiple phases, including an initial review, an assessment of required qualifications, interviews, and pricing evaluation. The successful applicant will be required to maintain an active SAM registration with a unique entity identifier.

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Other files for this federal contract opportunity

Other files attached to In Country Support Honduras, newest first.
File Type Posted
Questions and Answers.pdf PDF
Att C - ADV PAY FORM ES.pdf PDF
3. For Contractos- Prohibition of Assistance to Drug Traffickers Clause_final_ES.pdf PDF
Att D - References ES.pdf PDF
Att B - ADV PAY GUIDE ES.pdf PDF
2. MELS-LLAS PWS Honduras ES.pdf PDF
1. Cover Letter and Instructions Honduras Spanish.pdf PDF
Att A - Pricing Sheet Honduras ES.xlsx XLSX spreadsheet
4. Conflict of Interest Clause for IDQ Contracts_final_ES.pdf PDF
Att D - References 5.4.2022.pdf PDF
Att C - ADV PAY FORM.xlsx XLSX spreadsheet
Att B - ADV PAY GUIDE.pdf PDF
Att A - Pricing Sheet Honduras.xlsx XLSX spreadsheet
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SUBJECT: INTER-AMERICAN FOUNDATION (IAF) IN-COUNTRY PROGRAM

DEVELOPMENT, MANAGEMENT, MONITORING, EVALUATION, AND LEARNING

SERVICES FOR HONDURAS

Dear Potential Applicant, The Bureau of the Fiscal Service, on behalf of the Inter-American Foundation (IAF), is seeking applications from qualified citizens living in Honduras to provide in-country program development, management, monitoring, evaluation, and learning services contractor under a Indefinite Delivery, Indefinite Quantity (IDIQ) Labor Hour Contract, as described in the following solicitation:

“20343124R00005 In-Country Support Services Honduras.”

This contract will be awarded for one (1) 12-month Base Period and four (4) 12-month Option Periods, which will be exercised at the discretion of the IAF. The Performance Work Statement (PWS) describes the job of the In Country Support Services Contractor. This document describes how to apply and explains the selection process. Please pay close attention to Section I Requirements of the PWS for information on labor structure.

INSTRUCTIONS TO APPLICANTS

A complete application package shall include the following items:

1. A Cover Letter that demonstrates the offeror’s qualifications to perform each of the required work responsibilities identified in the PWS tasks. Offerors with multiple individuals should articulate the qualifications of each individual.

2. Curriculum Vitaes (CVs) that demonstrate the offeror has the required qualifications identified in the PWS. CVs should be submitted for each individual included in the offeror’s proposal.

3. Attachment D – A list of three (3) references, including their title, affiliation, and contact information (telephone number, and email).

4. A copy of the offeror’s educational diploma(s) in social science, international development, rural development, economics, or a related field, mentioned in the CVs. Diplomas should be provided for each individual included in the offeror’s proposal.

5. A writing sample, in the language of the applicant’s base country, consisting of a response to the following prompt:

IAF grantees are resourceful and creative in their projects to expand economic opportunities and improve governance and peacefulness in their communities. The IAF is committed to helping grantees learn from their experiences so that grantees have greater confidence that their projects deliver their intended results.

Please describe one possible approach that the IAF could use in helping grantees learn from their projects that draws from your experience. Be as specific as possible in your answer, describing the kind of grassroots organization you worked with, the approach you used, and the benefits of this approach for the organization. Limit your answer to one page, single-spaced, using 12 Times New Roman font and one-inch margins.

6. A pricing proposal using “Attachment A - Pricing Sheet” of the solicitation. The Offeror shall propose a fixed hourly rate (in U.S. dollars) for all services. This proposal should not include reimbursable travel costs, such as meals, lodging, and transportation. IAF, through the Bureau for

Fiscal Services, will assess pricing proposals and the offeror’s experience and technical rating.

The Pricing Sheet must be submitted in order for the application to be considered complete.

7. The Offeror has an in-country presence. The Contractor shall be an individual, firm, or non-governmental organization with a full-time physical presence and legal status to operate in the country in which they will be working for the duration of the contract.

8. The Offeror demonstrates native fluency in the language of their assigned country, as reflected in the language used in the application itself and working experience in-country.

9. The Offeror has at minimum a bachelor’s degree in social science, international development, rural development, economics, sociology, or other related fields.

10. SAM REGISTRATION AND ACTIVE UNIQUE ENTITY IDENTIFIER (UEI):

An interested offeror is required to be registered in SAM with an active UEI as soon as possible.

If registration with an active UEI is not possible when submitting an offer or quotation, the awardee shall be registered in SAM with an active UEI within 30 calendar days following notification of a tentative acceptance of a proposal by the IAF. An inactive SAM registration and

UEI following the 30th day after a tentative acceptance of a proposal will allow the Government the unilateral right to tentatively accept another interested offeror’s proposal, in accordance with terms of the solicitation. Any tentative proposal acceptance is contingent upon the interested offeror satisfying the aforementioned SAM registration and UEI requirements.

a. Potential Vendors, the SAM /UEI Process takes a considerable amount of time, it’s important to start this process as soon as possible, or you could be potentially disqualified from further consideration by not meeting the 30 day timeline.

Applications are due by July 31, 2024. They may be submitted in English or Spanish and must follow these instructions:

● Write “20343124R00005 In-Country Support Services Honduras” on the cover letter, CV, and list of references.

● Use Microsoft Office compatible files or Adobe PDF. Other file extensions will not be accepted.

● Email your complete application to purchasing@fiscal.treasury.gov, with the subject line

“Application for 20343124R00005 In-Country Support Services Honduras, Attn: MW/BKS.”

Only complete applications, submitted to the e-mail address above, by the established due date, will be considered.

You are strongly encouraged to request a secure email to reply to if any of your documents contain PII and cannot be removed effectively.

Please send an email to purchasing@fiscal.treasury.gov referencing “20343124R00005 In-Country

Support Services Honduras” – Encryption Request Attn: MW/BKS- on or before 72 hours before the request closes to request that an encrypted email message be sent to you from our agency. If you submit a request after that time, there is no guarantee that we will respond or that you will be able to go through the process to submit your response on time for the Government to consider. Once you receive the encrypted email, then you will need to open it by creating an account. Once you create an account, then you can mailto:purchasing@fiscal.treasury.gov respond to our agency’s encrypted email, which will then automatically encrypt your email response and any attachments to it for only the Government to view.

If you have any questions, please contact purchasing@fiscal.treasury.gov, with the subject line

“Question for 20343124R00005 In-Country Support ServicesHonduras, Attn: MW/BKS.”

FOREIGN PII SPECIAL NOTICE

Please be aware that if you email documents containing personally identifiable information (PII), the information may not be secure, and your email may be intercepted or otherwise viewed against your wishes.

Examples of PII are, but not limited to, education attainment documents that contain the individual’s name and home address, financial transactions, medical history, and criminal or employment history and information; which can be used to distinguish or trace an individual’s identity, such as their name, social security number, national ID number, date and place of birth, mother’s maiden name, biometric records, photograph, physical home and/or email address, phone number, driver’s license, etc., including any other personal information which is linked or linkable to an individual.

Please:

1. DO NOT send by email a copy of an identification card with a photograph such as a driver’s license, national identification card, or passport, etc. with your response.

2. DO NOT include your physical and mailing address, etc. in your Cover Letter, Curriculum

Vitae (CV), Resume, body of the email, and supporting Education Diploma or Training

Certificates in your response.

Please mark out with permanent black marker your physical or mailing address only in your

Education Diploma or Training Certificates.

Your name still needs to be on all of the above documents.

The Government may request a hard copy of one (1) or more of the aforementioned items as proof in a later phase of the Evaluation Process and as part of the security background check after award.

Thank you for your interest in IAF. We look forward to reviewing your application.

Contracting Officer

SELECTION PROCESS

The IAF will evaluate applications in the following phases:

PHASE I – Initial Review

The IAF will initially filter applicants to ensure they meet a minimum level of requirements (“go/no go factors”). Applicants who meet these basic requirements will then be assessed according to the technical factors deemed essential for this contract.

Go/No-Go Factors

Applicants will only be considered for the position if they:

● Submit an application that is complete and on time.

● Reside in Honduras and are able to legally work in Honduras at the time of award.

● Demonstrate native fluency in Spanish.

● Possess at minimum a bachelor’s degree in social science, international development, rural development, community development, economics, sociology, or other related fields.

● Have at least ten (10) years of professional field-based experience monitoring, evaluating, administering, and/or managing international development programs. At least half of this experience must be in-country.

PHASE II - Required Qualifications (As listed in Section F of PWS)

1. At minimum, a bachelor’s degree from an accredited university in social science, international development, rural development, community development, economics, sociology or a related field.

2. Minimum of ten years of professional experience working with marginalized groups and grassroots, community-led development. At least half of this experience must be in Honduras

a. This may be a combination of field-based community-led development (at least 5 years) and business development, economic development, monitoring and evaluation, and/or management of international development programs (additional 5 years).

3. Minimum of 5 years of relevant work experience in field-based monitoring and/or evaluating development projects, particularly demonstrating the use of a variety of tools, such as surveys, interviews, and participative research methods.

4. Experience working with grant management, including the development of new grants, oversight and guidance as well as monitoring. Demonstrated experience working with community level organizations in the full grant cycle.

5. Experience with financial management/accounting and preparation of programmatic and financial reports.

6. Competence with standard Microsoft Office and Google suite of computer programs as well as ability to use grants management system and other database and reporting tools.

7. Demonstrated ability to work as part of a team.

8. Experience in coordinating and facilitating travel logistics and field-based events.

9. High level of motivation, personal commitment, and ethical standards.

10. Demonstrated professional demeanor and verbal communications, as expressed through interview and references.

11. Application is well written, effectively structured, easy to read, consistently formatted, and free of grammatical and typographical errors.

12. Reside in Honduras.

13. Native Spanish speaker.

14. Ability to travel throughout Honduras.

15. Valid driver’s license.

PHASE III - Interview and Reference Check

The Evaluation Panel reserves the right to only interview the most highly qualified candidates from Phase

II. The IAF will interview the remaining offerors through videoconference and a standard set of questions to further assess the candidate’s capabilities to effectively carry out all in-country support services.

Questions will assess the candidates’ understanding of grassroots development, how their skills and experience apply to the needs of the IAF, and how effective they communicate orally. The IAF reserves the right to not interview any candidates.

The IAF will then check the references for those applicants who obtain an excellent or acceptable rating during the interview. Reference checks will be done through emails and phone conversations, using the information submitted through the application process. Offerors will be rated Pass or Fail - a Fail

Reference Check will result in disqualification from progressing to the next phase. The IAF reserves the right to check contractor performance records listed in CPARS as part of Phase III. Negative CPARS records can be considered as part of Phase III of the Technical Evaluation.

PHASE IV - Pricing

The IAF will assess the candidates’ pricing proposals.

PHASE V – Offer to Selected Apparent Awardee

An offer for award will be made to the applicant receiving the highest score in accordance with FAR

52.212-2 Evaluation, Technical and Price evaluation factors considered. If the offer is not accepted, the

IAF reserves the right to make an offer to the next preferred applicant without further discussion.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FSA-PARKERSBURG

200 Third Street Avery 5F Division of Procurement Bureau of the Fiscal Service

CODE 16. ADMINISTERED BYCODE

X

X

541611

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFSA-MWINANS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/31/2024 1400 ET

07/08/2024

304-480-7858BRADEN SANNER

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

20343124R00005

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 44 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Parkersburg WV 26101

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Parkersburg WV 26101 Attn: M. Winans 200 Third St Avery 5F Division of Procurement

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$24.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of the Fiscal Service

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Fiscal Service Procurement, on behalf of the Inter-American Foundation (IAF), is seeking applications from qualified citizens living in Honduras to provide in-country program development, management, monitoring, evaluation, and learning services under an Indefinite Delivery, Indefinite Quantity (IDIQ) Labor Hour Contract, as described in the following solicitation: "20343124R00005 In-Country Support Services Honduras."

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

BRADEN K. SANNER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This contract will be awarded for one (1)

12-month Base Period and four (4) 12-month Option

Periods, which will be exercised at the discretion of the IAF. The Performance Work

Statement (PWS) describes the job of the

MELS-LLAS Contractor. This document describes how to apply for the position and explains the selection process.

After award, any questions and/or issues related to this procurement must be sent to the following email address (reference the contract/award number in the subject line):

ContractAdministration@fiscal.treasury.gov

Inclusion of the award number will ensure the most timely response and/or resolution.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

44 2 of

20343124R00005

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Treasury Acquisition Procedures 48 CFR Chapter

10 clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

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

SERVICES (NOV 2023)

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND

AUTHORITY (APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the

COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

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

MAINTAINING AN ACTIVE SAM REGISTRATION:

Following award, the Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The

Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract.

Further, any violation of this clause may be considered during the evaluation of past performance.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 30 days of contract expiration.

(End of clause)

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

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

Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/. It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JANUARY 2016)

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation.

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31

U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

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

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

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

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

(End of clause)

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.fiscal.treasury.gov/vendors-and-contractors/ or contact

Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will http://www.ipp.gov/ https://arc.fiscal.treasury.gov/vendors-and-contractors/ mailto:AccountsPayable@fiscal.treasury.gov copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the

Government to process the copy in place of the original check.

MARKING OF SHIPMENTS AND INVOICES

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

PERFORMANCE EVALUATION

This award is subject to a performance evaluation via the Contractor Performance Assessment Reporting System

(CPARS) at www.cpars.gov. Following the end of each 12-month performance period and at completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit comments, if any, within the CPARS system during the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the final evaluation. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer. The final evaluation of the Contractor’s performance is the decision of the Contracting Agency. In the event of a dispute the evaluation will be reviewed at least one level above the Contracting Officer. The final performance evaluation report will be saved in the Government’s past performance database at https://www.cpars.gov/.

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

ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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).

https://www.cpars.gov/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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:

☒ (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)

(4)

52.203-15

52.203-17

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.)

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).

☒ (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]

☐ (7) 52.204-14 Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of

Div. C).

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

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

☒ (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

☐ (10)

52.204-28

Federal Acquisition Supply Chain Security Act

Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-

Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

☒ (11)(i) 52.204-30 Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

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

☒ (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).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

☒ (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 (NOV2020) ( 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. 637s).

☐ (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).

☐ (26)(i) 52.219-28 Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

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☐ (27) 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

☐ (28) 52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (OCT

2022) ( 15 U.S.C. 637(m)).

☐ (29) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

☐ (30) 52.219-33 Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

☐ (31) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

☐ (32) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

☒ (33) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

☒ (34)(i) 52.222-26 Equal Opportunity (Sept 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.

☐ (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).

☒ (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 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.)

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 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 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1803#FAR_22_1803 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9

☐ (42) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (MAY 2024) (E.O. 13693).

☐ (43) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (MAY 2024) (E.O. 13693).

☐ (44) 52.223-20 Aerosols (MAY 2024) (E.O. 13693).

☐ (45) 52.223-21 Foams (May 2024) (E.O. 13693).

☒ (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. 76711).

☐ (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, 19 U.S.C. 2112, 19 U.S.C. 3805, 19 U.S.C. 4001, 19 U.S.C. chapter 29 (sections

4501-4732), 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 Reserved]

☐ (iii) Alternate II (DEC 2022) 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).

☒ (51) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

☐ (54) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

( 42 U.S.C. 5150).

☒ (55) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

(E.O. 13513).

https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

☐ (57) 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (58) 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41

U.S.C. 4505, 10 U.S.C. 3805).

☐ (59) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT

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

☒ (60) 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) ( 31 U.S.C. 3332).

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

☐ (62) 52.239-1 Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

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

☐ (64)(i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

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

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

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

☒ (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).

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☐ (5) 52.222-51 E 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. 179).

(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…

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