25D0409 ktrsigned.pdf
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- Solicitation number
- N4008425D0409
About this file
This is a signed contract award document (SF1449) for a preventive maintenance and inspection services contract for HVAC, refrigerant, and icemaker systems at U.S. Naval installations in the Kanto Plain, Japan. The contract (N4008425D0409) was awarded to MECCS MITOMO JV on February 26, 2025, with a total award amount of $5,003,557.89.
The contract includes both recurring and non-recurring work, structured with a base period and four option periods. The recurring work involves maintaining, repairing, and altering HVAC and icemaker systems, including service orders and preventive maintenance programs. The contract includes specific provisions about filter replacements, with clarifications provided in Amendment 0002 that certain salt removal filters and middle filters are excluded from the annual replacement requirements. The contract utilizes task orders with minimum orders of 300,000 JPY and maximum single orders of 5,000,000 JPY (15,000,000 JPY for combined orders). Payment will be made in Japanese Yen despite dollar denominations for administrative purposes, with specific exchange rates provided (JPY145.7323/$). The contract includes WAWF payment instructions and specific routing codes for documentation.
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| 25B0409B_Performance Work Statement.pdf |
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SEE ADDENDUM
(No Collect Calls)
N4008425B0409 23-Oct-2024
b. TELEPHONE NUMBER
046-816-4093
8. OFFER DUE DATE/LOCAL TIME
10:30 AM 25 Nov 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
X
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.080-4182-5822
N400849. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
N4008425D0409 01-Apr-2025
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
SATOMI ABE
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ACQR6072261
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
Ross W. Yamato / Contract Specialist
$5,003,557.89
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE JSG37 FACILITY
OFFEROR CODE
NAVFAC FAR EAST
FEAD YOKOSUKA
PSC 473 BOX 13
FPO AP 96349-0013
MECCS MITOMO JV
3-6-3, IRIFUNE
CHUO-KU JAPAN 104-0042
DFAS JAPAN
DFAS-JRLG/JA
UNIT 5220
APO AP 96328-5220
18a. PAYMENT WILL BE MADE BY CODE HQ0721
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS AX 13b. RATING
DO-C3
CODE
SEE ITEM 9
15. DELIVER TO CODE N40084 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
NAVFAC FAR EAST
INSPECTOR OF RECORD
FEAD YOKOSUKA
PSC 473 BOX 13
FPO AP 96349-0013
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
333415
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL: ross.w.yamato.civ@us.navy.mil
315-243-9928TEL:
31c. DATE SIGNED
26-Feb-2025
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF27
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
SOLICITATION NO. N4008425B0409
PROJECT TITLE: PMI SERVICE FOR HVAC SYSTEM
Pre-Bid/Proposal Inquiry Form
July 2016
Page Section 1 11/15/2024 Page 1052 of
Attachment J- 1505000-08
29. YSK-2078: It is described that OA filters shall be replaced for 4 (four) each Desiccant type dehumidifier units (DEFU- 6, DEFU-7-1, DEFU-7-2, DEF-8) on the roof annually.
But the subject 4 DEFU units are also equipped with salt removal filters as shown below. And the OEM (Seibu Giken) recommended replacing these salt removal filters with new ones. Should we include these salt removal filters as annual filter replacement work in accordance with OEM recommendation or NOT?
Please clarify.
Salt Removal Filter: Model "VM/X-P95M-56F", 610x610x150t, 76EA Salt Removal Filter: Model "VM/X-P95M-28H", 610x610x150t, 12EA Salt Removal Filter: Model "VM/X-P95M-28V", 305x610x150t, 4EA Salt Removal Filter: Model "VM/X-P95M-14F", 305x305x20t, 4EA
The answer for the inquiry:
Q: Should we include these salt removal filters as annual filter replacement work in accordance with OEM recommendation or
NOT?
A: Offeror shall not include these salt removal filters as annual filter replacement work. Those replacement work shall add the replacement requirement as modification after awarded of this Contract.
The Government responsibility for the inquiry: No changed to the Specification.
A0002
2 11/15/2024 Page 1117 of
Attachment J- 1505000-08
14. IKE-824S: It is described that Middle filters shall be replaced for 3 (three) air handling units (AHU5-7) . But the subject middle filters are also installed ate other four (4) AHUs (AH1-4). Should we include these filters as filter replacement work or NOT? Please clarify.
The answer for the inquiry:
Q: Should we include replacement of the middle filters for the other four AHUs (AH1-4) as filter replacement work or NOT?
A: Offeror shall not include the replacement the middle filters for other four AHUs (AH1-4) as filter replacement work. Those replacement work shall add the replacement requirement as modification after awarded of this Contract.
The Government responsibility for the inquiry: No changed to the Specification.
A0002
Posted on Amend No.
REFERENCEQuestion No. QUESTION GOVERNMENT RESPONSEDate
Submitted
N4008425D0409
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 2,930,167.16 Task $1.00 $2,930,167.16
RECURRING, BASE PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) A001 through A007. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY427,020,000 (Ex Rate: JPY145.7323/$) NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR6072261
PSC CD: Z1AZ
NET AMT $2,930,167.16
0002 2,073,390.73 Task $1.00 $2,073,390.73 NTE
NON-RECURRING, BASE PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the NON-RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) A700 through A701. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY302,160,000 (Ex Rate: JPY145.7323/$)
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT $2,073,390.73
0003 2,983,689.96 Task $1.00 $2,983,689.96
OPTION RECURRING, FIRST OPTION PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) B001 through B007. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY434,820,000 (Ex Rate: JPY145.7323/$) NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT $2,983,689.96
0004 2,073,390.73 Task $1.00 $2,073,390.73
OPTION NON-RECURRING, FIRST OPTION PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the NON-RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) B700 through B701. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY302,160,000 (Ex Rate: JPY145.7323/$)
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
0005 2,944,577.15 Task $1.00 $2,944,577.15
OPTION RECURRING, SECOND OPTION PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) C001 through C007. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY429,120,000 (Ex Rate: JPY145.7323/$)
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT $2,944,577.15
0006 2,073,390.73 Task $1.00 $2,073,390.73
OPTION NON-RECURRING, SECOND OPTION PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the NON-RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) C700 through C701. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY302,160,000 (Ex Rate: JPY145.7323/$)
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
0007 2,986,571.95 Task $1.00 $2,986,571.95
OPTION RECURRING, THIRD OPTION PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) D001 through D007. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY435,240,000 (Ex Rate: JPY145.7323/$)
FOB: Destination
NET AMT $2,986,571.95
0008 2,073,390.73 Task $1.00 $2,073,390.73
OPTION NON-RECURRING, THIRD OPTION PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the NON-RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) D700 through D701. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY302,160,000 (Ex Rate: JPY145.7323/$)
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
0009 2,951,164.57 Task $1.00 $2,951,164.57
OPTION RECURRING, FOURTH OPTION PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) E001 through E007. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY430,080,000 (Ex Rate: JPY145.7323/$)
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT $2,951,164.57
0010 2,073,390.73 Task $1.00 $2,073,390.73
OPTION NON-RECURRING, FOURTH OPTION PERIOD
FFP
PREVENTIVE MAINTENANCE PROGRAM AND SERVICE ORDERS FOR
HEATING VENTILATION AIR CONDITIONING (HVAC) SYSTEMS, AND
REFRIGERANT SYSTEMS, AND ICEMAKER SYSTEMS IN THE U.S.
NAVAL INSTALLATIONS IN KANTO PLAIN JAPAN
The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental related work, and perform the NON-RECURRING services in accordance with the attached Performance Work Statement.
The price for this Contract Line Item Number (CLIN) is the total of Exhibit Line Item Numbers (ELINs) E700 through E701. Ref: Attachment J-0200000-13.
When the contract is awarded, the price of this CLIN will be expressed in U.S.
Dollars for the administrative convenience of the U.S. Government. Payment will be made in Japanese Yen.
Amount: JPY302,160,000 (Ex Rate: JPY145.7323/$)
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-APR-2025 TO
31-MAR-2026
N/A NAVFAC FAR EAST
INSPECTOR OF RECORD
FEAD YOKOSUKA
PSC 473 BOX 13
FPO AP 96349-0013
FOB: Destination
N40084
0002 POP 01-APR-2025 TO
31-MAR-2026
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-APR-2026 TO
31-MAR-2027
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-APR-2026 TO
31-MAR-2027
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-APR-2027 TO
31-MAR-2028
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-APR-2027 TO
31-MAR-2028
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-APR-2028 TO
31-MAR-2029
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-APR-2028 TO
31-MAR-2029
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 01-APR-2029 TO
31-MAR-2030
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 01-APR-2029 TO
31-MAR-2030
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.204-30 Federal Acquisition Supply Chain Security Act Orders--
Prohibition.
DEC 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.214-26 Audit and Records--Sealed Bidding JUN 2020 52.214-27 (Dev) Price Reduction for Defective Certified Cost or Pricing Data -
Modifications - Sealed Bidding (DEVIATION 2022-O0001)
OCT 2021
52.214-28 (Dev) Subcontractor Certified Cost Or Pricing Data--Modifications- -Sealed Bidding (DEVIATION 2022-O0001)
OCT 2021
52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-37 Multiple Payment Arrangements MAY 1999 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
JAN 2023
252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
JAN 2023
252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China
JAN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.225-7967 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006).
MAR 2024
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION 2018-O0019)
AUG 2018
252.229-7001 Tax Relief APR 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7007 Limitation Of Government's Obligation APR 2014
252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (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).
X (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. (NOV 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
____ (12) 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).
____ (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.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (NOV 2016) of 52.219-9.
____ (iii) Alternate II (NOV 2016) of 52.219-9.
____ (iv) Alternate III (JUN 2020) of 52.219-9.
____ (v) Alternate IV (SEP 2021) of 52.219-9.
____ (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 (OCT 2022) (15 U.S.C. 657s).
____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.
657f).
____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).
____ (ii) Alternate I (MAR 2020) of 52.219-28.
____ (23) 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)).
____ (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 (OCT 2022) (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 (SEP 2021) (15 U.S.C. 657s).
____ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
____ (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).
____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
____ (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
____ (32)(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.
____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
X (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)
X (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.)
____ (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) (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 (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I [Reserved].
____ (iii) Alternate II (DEC 2022) of 52.225-3.
____ (iv) Alternate III (JAN 2021) of 52.225-3.
____ (v) Alternate IV (OCT 2022) of 52.225-3.
X (50) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
X (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
____ (56) 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).
____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
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).
X (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 (NOV 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631).
____ (ii) Alternate I (APR 2003) of 52.247-64.
____ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
_____ (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 for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.
13658).
_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(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.
(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 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 (MAY 2022) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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. Subtitle A, Part V, Subpart G 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiii) 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). 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
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 the date of award through the contract completion date.
(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.
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 300,000 JPY, 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 5,000,000 JPY;
(2) Any order for a combination of items in excess of 15,000,000 JPY; or
(3) A series of orders from the same ordering office within seven (7) days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(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) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, 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 fifteen (15) 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.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the Government’s final acceptance of task order’s specified deliverables/final products.
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 within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR):
https://www.acquisition.gov/
Defense Federal Acquisition Regulation Supplement (DFARS):
https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) 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 Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from Naval Criminal Investigative Service (NCIS), Code 21; telephone, DSN 288-9077 or commercial (202) 433-9077.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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…
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