36C25524Q0284.docx

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J072--MACHINE SERVICE, EK 589-24-2-3717-0044, (VA-24-00056279)
Solicitation number
36C25524Q0284
Issued by

About this file

This document is a solicitation for a firm fixed-price service contract for an existing Hobart Conveyor Type Dishwasher with a Hatco Booster Heater at the Topeka VAMC Colmery-O'Neil Veterans VA Medical Center. The contract is for a base period of one year with four one-year option periods. The Government is seeking a contractor to provide Hobart Assurance coverage with unlimited service calls and semi-annual maintenance inspections including expendable parts. Offers must be submitted by May 1, 2024 at 10am CDT. The Government anticipates awarding a contract on an LPTA basis. The solicitation includes a Statement of Work detailing the requirements and a Wage Determination. The NAICS code is 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance.

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36C25524Q0284

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25524Q0284 04-25-2024 George Johnson/george.johnson9@va.gov 913.946.1988 05-01-2024 10am

CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 X 811310 $12.5 Million Net 30 Days N/A X

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048

36C255

Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429 See CONTINUATION Page The Topeka VAMC is seeking a firm fixed service contract for the Colmery-O'Neil VA Medical Center for an existing Hobart Conveyor Type Dishwasher with a Hatco Booster Heater.

Please see Section B for the Price/Cost Schedule and Section D for the Statement of Work for details.

THE GOVERNMENT ANTICIPATES AWARDING A FIRM FIXED PRICE

CONTRACT WITH A BASE PLUS FOUR (4), ONE (1) YEAR OPTIONS.

Evaluation criteria will be lowest price technically acceptable.

Important: Offerors shall be registered in SAM and VetCert at time of offer.

Please review and complete the entire package and email George.Johnson9@va.gov See CONTINUATION Page See Continuation Page X X x Laura Ferguson Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 PRICE/COST SCHEDULE4
ITEM INFORMATION4
B.3 DELIVERY SCHEDULE7
SECTION C - CONTRACT CLAUSES10
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)10
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)10
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)10
C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)11
C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)11
C.6 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)11
C.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)11
C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)12
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)12
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS30
D.1 Statement of Work30
D.2 Wage Determination31
SECTION E - SOLICITATION PROVISIONS33
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS33
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)34
E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)35
E.3 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023)36
E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)37
E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)37

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C255 Laura Ferguson laura.ferguson@va.gov

Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X]
52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[]
52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly[]
b. Semi-Annually[]
c. Other[x] Monthly after receipt

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO
DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
EA
__________________
__________________

Hobart Assurance - Unlimited for Hobart CLPS66EN Brand Dishmachine with expendable Parts, 2 extra MI per unit Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances LOCAL STOCK NUMBER: Hobart Assurance

1.00
EA
__________________
__________________

Hobart care coverage with unlimited service calls for the Hatco Steam Booster heater on the Hobart Dishmachine

POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances LOCAL STOCK NUMBER: Hobart Care

1.00
EA
__________________
__________________

Hobart Assurance - Unlimited for Hobart CLPS66EN Brand Dishmachine with expendable Parts, 2 extra MI per unit Contract Period: Option 1 POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

1.00
EA
__________________
__________________

Hobart care coverage with unlimited service calls for the Hatco Steam Booster heater on the Hobart Dishmachine Contract Period: Option 1 POP Begin: 05-01-2025 POP End: 04-30-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

1.00
EA
__________________
__________________

Hobart Assurance - Unlimited for Hobart CLPS66EN Brand Dishmachine with expendable Parts, 2 extra MI per unit

POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

1.00
EA
__________________
__________________

Hobart care coverage with unlimited service calls for the Hatco Steam Booster heater on the Hobart Dishmachine Contract Period: Option 2 POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

1.00
EA
__________________
__________________

Hobart Assurance - Unlimited for Hobart CLPS66EN Brand Dishmachine with expendable Parts, 2 extra MI per unit Contract Period: Option 3 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

1.00
EA
__________________
__________________

Hobart care coverage with unlimited service calls for the Hatco Steam Booster heater on the Hobart Dishmachine Contract Period: Option 3 POP Begin: 05-01-2027 POP End: 04-30-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

1.00
EA
__________________
__________________

Hobart Assurance - Unlimited for Hobart CLPS66EN Brand Dishmachine with expendable Parts, 2 extra MI per unit Contract Period: Option 4 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

1.00
EA
__________________
__________________

Hobart care coverage with unlimited service calls for the Hatco Steam Booster heater on the Hobart Dishmachine Contract Period: Option 4 POP Begin: 05-01-2028 POP End: 04-30-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances

GRAND TOTAL
__________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER
SHIPPING INFORMATION
QUANTITY
DELIVERY DATE
0001
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION
0002
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION
1001
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION
1002
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION
2001
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION
2002
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION
3001
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION
3002
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION
4001
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION
4002
SHIP TO:
Colmery-O'Neil VA Medical Center

2200 Gage Blvd Topeka, KS 66622 0001

USA

1.00
SEE POP
FOB:
DESTINATION

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

FAR Number
Title
Date
52.212-4
CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOV 2023

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR Number
Title
Date
52.204-13
SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
OCT 2018
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
AUG 2020

C.2 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 10 days.

(End of Clause)

C.3 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 10 days; 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 five (5) years.

(End of Clause)

C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.6 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS (NOV 2018)

The Contractor shall follow standard commercial practices to furnish manual(s), handbook(s) or brochure(s) containing operation, installation, and maintenance instructions, including pictures or illustrations, schematics, and complete repair/test guides, as necessary, for technical medical equipment and devices, and/or other technical and mechanical equipment provided per CLIN(s) . The manuals, handbooks or brochures shall be provided in hard copy, soft copy or with electronic access instructions, consistent with standard industry practices for the equipment or device. Where applicable, the manuals, handbooks or brochures will include electrical data and connection diagrams for all utilities. The documentation shall also contain a complete list of all replaceable parts showing part number, name, and quantity required.

(End of Clause) C.7 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.8 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause) (End of Addendum to 52.212-4)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 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 Kapersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78) (19 U.S.C. 3805 note)).

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

[ ] (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). (Exceeding SAT)

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)). (If contract value is expected to exceed $6M and performance period is 120 days or more)

[ ] (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.) (All solicitations and contracts funded in whole or part with Recovery Act funds)

[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a). (all solicitations and contracts, except solicitations and contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community).

[ ] (5) 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). ($30K or more, N/A if FPDS does not apply)

[ ] (6) [Reserved].

[ ] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). (Solicitations & contracts for services (including construction) that meet or exceed thresholds at FAR 4.1703, except for indefinite-delivery contracts. N/A for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders; Annual Report due Oct 31 thru SAM)

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). (Solicitations & indefinite-delivery contracts for services (including construction) where one or more orders issued thereunder are expected to each meet or exceed the thresholds at FAR 4.1703. N/A for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders; Annual Report due Oct 31 thru SAM)

[X ] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub L. 117-328). (In all solicitations and contracts, unless an exception is granted in accordance with OMB Memorandum M-23-13.) More prescriptive info below in NOTES.

[ ] (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). In all Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts where FASCSA orders are applied at the order level, CO will insert in the basic contract solicitation and resultant contract (see 4.2304(b)(1)(ii)).

[ ] (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). In solicitations and contracts if the conditions specified at 4.2304(a)(1) apply, except for Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts.

[ ] (ii) Alternate I (Dec 2023) of 52.204–30. For acquisitions where conditions specified at 4.2304(a)(2) apply.

[ ] (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). (Applies to solicitations and contracts over $35,000).

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). (Over $600K & offeror checked “has” in paragraph (b) of FAR 52.209-7)

[ ] (14) [Reserved].

[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a). (Solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, HUBZone small business concerns under FAR 19.1305 or 19.1306. This includes multiple-award contracts when orders may be set aside for HUBZone small business as described in FAR 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one HUBZone small business concern in accordance with FAR 19.504(c)(1)(ii)).

[X] (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). (Solicitations and contracts conducted using full and open competition)

[ ] (17) [Reserved]

[ ] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). (Use for solicitations and contracts involving total small business set-asides. This includes multiple-award contracts when orders may be set-aside for any of the small business concerns identified in FAR 19.000(a)(3), as described in FAR 8.405-5 and 16.505(b)(2)(i)(F))

[ ] (ii) Alternate I (MAR 2020) of 52.219-6. (When including FPI in the competition in accordance with FAR 19.502-7) [ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). (Use for solicitations and contracts involving partial small business set-asides. This includes part or parts of multiple-award contracts, including those described in FAR 38.101 (FSS).)

[ ] (ii) Alternate I (MAR 2020) of 52.219-7. (When including FPI in the competition in accordance with FAR 19.502-7)

[ ] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)). (Exceeding SAT unless personal services or entire performance is outside of US and its outlying areas)

[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)). (Over $750,000, subcontracting possibilities exist & FAR 52.219-8 was included unless set-aside or 8(a). If no subcontracting possibilities, document the file in accordance with FAR 19.705-2(c))

[ ] (ii) Alternate I (NOV 2016) of 52.219-9. (For IFBs)

[ ] (iii) Alternate II (NOV 2016) of 52.219-9. (When contracting by negotiation & plans are required w/initial proposals)

[ ] (iv) Alternate III (JUN 2020) of 52.219-9. (When contract action will not be reported in FPDS pursuant to FAR 4.606(c)(5) or (c)(6)

[ ] (v) Alternate IV (SEP 2023) of 52.219-9. (Incorporating a plan due to a modification as provided for in FAR 19.702(a)(1)(iii)

[ ] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). (Insert in solicitations for multiple-award contracts under which orders will be set-aside for any small business concern identified in FAR 19.000(a)(3))

[ ] (ii) Alternate I (MAR 2020) of 52.219-13 (Full and open solicitations and contracts for multiple-award contracts under which orders will be set aside for any of the small business concerns identified in FAR 19.000(a)(3) if the conditions in FAR 19.502-2 are met at the time of order set-aside, and the specific program eligibility requirements, as applicable, are also then met) [ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s). ((a) For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the SAT, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with FAR Subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in FAR 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in FAR 19.504(c)(1)(ii). For contracts that are set aside, the contracting officer shall indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level; (b) If the prospective contractor waived the use of the HUBZone price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.)

[ ] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). (When FAR 52.219-9 is included)

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole Source to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f). (in solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one service-disabled veteran-owned small business contractor in accordance with 19.504(c)(1)(ii).)

[ ] (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)). (Exceeding micro-purchase threshold when performance is in US or outlying areas)

[ ] (ii) Alternate I (MAR 2020) of 52.219-28 (After October 1, 2022 use in solicitations & resulting multiple-award contracts with more than one NAICS code)

[ ] (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)) (Solicitations and contracts that are set aside or awarded on a sole-source basis to EDWOSB concerns under FAR 19.1505(b) or 19.1506(a). This includes multiple-award contracts when orders may be set aside for EDWOSB concerns as described in FAR 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one EDWOSB contractor in accordance with FAR 19.504(c)(1)(ii).

[ ] (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)) (Solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to WOSB concerns under FAR 19.1505(c) or 19.1506(b). This includes multiple-award contracts when orders may be set aside for WOSB concerns eligible under the WOSB Program as described in FAR 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one WOSB contractor in accordance with FAR 19.504(c)(1)(ii)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). (Applies only to contracts that were reserved for any of the small business concerns identified at FAR 19.000(a)(3)) [ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)). (Use in solicitations and contracts (including multiple-award contracts when orders may be set aside for small business concerns as described in FAR 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in FAR 19.504(c)(1)(ii), when: (i) the item being acquired has been assigned a manufacturing or supply NAICS code, and (ii) (A) Any portion of the requirement is to be: (1) Set aside for small business and is expected to exceed the SAT; or (2) Set aside or awarded on a sole-source basis in accordance with FAR Subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value; or (B) If the prospective contractor waived the use of the HUBZone price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract. (2) Do not insert the clause when SBA has waived the NMR (see FAR 19.505(c)(4)).

[ X ] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). (Above micro-purchase threshold when contract performance is in the US, PR, Northern Mariana Islands, American Samoa, Guam, or US Virgin Islands unless contract is subject to 41 U.S.C. Chapter 65, Contracts for Materials, Supplies, Articles and Equipment exceeding $15K (see FAR Subpart 22.6); supplies or services are to be purchased from FPI (see Subpart 8.6 or acquisition involves purchase, from any State prison, of finished supplies available on open market)

[ X] (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (All solicitations and contracts for supplies > than micro-purchase threshold)

[ ] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (When FAR 52.222-26, Equal Opportunity, is included)

[ X ] (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (Insert unless exempt from all requirements of E.O. 11246. Applies to nonexempt Govt. prime contracts & subcontracts over $10,000, see FAR 22.807 for exemptions) [ ] (ii) Alternate I (FEB 1999) of 52.222-26. (Contract is exempt from one or more, but not all, of the requirements of E.O. 11246.)

[ ] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). ($150,000 or more except when work is performed outside of US by employees recruited outside of US or agency head waives all terms of the clause)

[ ] (ii) Alternate I (JUL 2014) of 52.222-35 (If OFCCP Director or Agency Head waive]s one or more (but not all) terms of clause.)

[ X ] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (Solicitations and contracts in excess of $15,000, except when work is to be performed outside the US or as waived by the Director of OFCCP or agency head)

[ ] (ii) Alternate I (JUL 2014) of 52.222-36 (If Director OFCCP or agency head waives one or more (but not all) terms of clause.)

[ ] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (Use when FAR 52.222-35 is included)

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) (All solicitations & contracts over SAT unless work is performed outside US or contract is covered by exemption granted by Secretary)

[ X ] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (All solicitations and contracts)

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (Contract performance outside U.S. (as defined at FAR 22.1702) and CO has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance)

[ ] (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.) (Solicitations and contracts that exceed $150,000. Exceptions at FAR 22.1803 include: solicitations/contracts for work that will be performed outside the US, PoP less than 120 days, only for Commercially available off-the-shelf items or Commercial services that are part of the purchase of a COTS item, performed by the COTS provider and are normally provided for that COTS item.)

[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (Except for acquisition of commercially available off-the-shelf items, insert in solicitations & contracts exceeding $150,000 specifying use of EPA designated products containing recovered materials. See http://www.epa.gov/cpg. CO Fill-In)

[ ] (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.) (If technical personnel advise that estimates can be verified)

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). (See FAR 23.804(a)(1))

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). (Except for supplies delivered outside US or services performed outside US, insert in solicitations and contracts that include the maintenance, service, repair or disposal of refrigeration equipment, such as refrigerators, chillers or freezers; or air conditioners, including air conditioning systems in motor vehicles)

[ ] (44)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). (Unless exempt per FAR 23.704(a) insert in all solicitations and contracts when imaging equipment will be delivered, acquired or furnished.)

[ ] (ii) Alternate I (OCT 2015) of 52.223-13. (May use when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs)

[ ] (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O. 13423 and 13514). (Unless exempt per FAR 23.704(a) insert in all solicitations and contracts when televisions will be delivered, acquired or furnished.)

[ ] (ii) Alternate I (JUN 2014) of 52.223-14 (May use when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs)

[ ] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). (Unless exempt per FAR 23.204 insert in solicitations and contracts when energy-consuming products listed in the ENERGY STAR® Program or FEMP will be delivered, acquired or furnished by contractor for use, or specified in design of a building or work or incorporated during construction, renovation or maintenance)

[ ] (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). (Unless exempt per FAR 23.704(a) insert in all solicitations and contracts when personal computer products will be delivered, acquired or furnished.)

[ ] (ii) Alternate I (JUN 2014) of 52.223-16. (May use when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs)

[ X ] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513) (All solicitations and contracts)

[ ] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). (Except for supplies or services delivered/performed outside US, insert in solicitations and contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant, or as a solvent; or that involve maintenance or repair of electronic or mechanical devices.)

[ ] (50) 52.223-21, Foams (JUN 2016) (E.O. 13693). (Except for supplies or services delivered/performed outside US, insert in solicitations and contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent, such as building foam insulation or appliance foam insulation; or Construction of buildings or facilities.)

[ ] (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (In solicitations and contracts when, on behalf of the agency, contractor employees will 1) have access to a system of records; 2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information; or 3) Design, develop, maintain or operate a system of records.

[ ] (ii) Alternate I (JAN 2017) of 52.224-3. (When an agency specifies that only its agency-provided training is acceptable)

[ ] (52)(i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83). (Insert in sols/contracts over micro-purchase threshold, but not exceeding $50,000. Use over $50,000 if no other Buy American or Trade Agreements clause applies except if solicitation is restricted to domestic end products in accordance with FAR Subpart 6.3; acquisition is for supplies for use within U.S. and an exception to Buy American statute applies (e.g., nonavailability, public interest or information technology that is a commercial item); or acquisition is for supplies for use outside the U.S.

[ ] (ii) Alternate I (OCT 2022) of 52.225-1. (See FAR 25.1101(a)(1)(ii). To reflect domestic content threshold that will apply to the entire PoP, when the SPE allows for application of an alternate domestic content test iaw FAR 25.101(d). CO fill-in required)

[ ] (53)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (If acquisition is for supplies, or for services involving the furnishing of supplies, for use within the U.S., and the acquisition value is $50,000 or more, but less than $174,000; not for IT that is a commercial product, and no exception in FAR 25.401 applies) [if checked offerors/quoters should complete FAR 52.212-3 Reps & Certs paragraph (g)(1)(ii) and (iii)].

[ ] (ii) Alternate I [Reserved].

[ ] (ii) Alternate II (DEC 2022) of 52.225-3. (If $50,000 or more, but less than $100,000)

[ ] (ii) Alternate III (NOV 2023) of 52.225-3. (If $100,000 or more, but less than $102,280)

[ ] (v) Alternate IV (OCT 2022) of 52.225-3 (See FAR 25.1101(b)(1)(v)). To reflect domestic content threshold that will apply to the entire PoP, when the SPE allows for application of an alternate domestic content test iaw FAR 25.102(d). CO fill-in required.

[ ] (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (Insert in solicitations and contracts valued at $174,000 or more, if the acquisition is covered by the WTO GPA (see FAR Subpart 25.4) & the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products. N/A to affiliates, SB set-asides, 8(a), arms sales/national security, end products for resale, FPI/NIB/NISH, other non-full & open or sole source acquisitions per FAR 13.501(a), ADP/Telecommunications & Transmission, R&D, Transportation, & Utilities – See FAR 25.401 for complete listing); [if checked offerors/quoters should complete FAR 52.212-3 Reps & Certs paragraph (g)(4)(ii)]

[ ] (55) 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). (Insert unless an exception applies.)

[ ] (56) 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) (See FAR 25.302-6)

[ ] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150) (Solicitations and contracts involving local area set-asides, see FAR 26.202-1)

[ ] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150) (All solicitations and contracts that involve local area set-asides)

[ ] (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021) (Solicitations that contain FAR provision 52.229-11 and resultant contracts where contractor has indicated it was a foreign person in FAR provision 52.229-11)

[ ] (60) 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). (If contract financing will be provided, see FAR 32.206)

[ ] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805. (If the contract action qualifies under criteria at FAR 32.202-1(b) and installment payments for the item are either customary or are authorized in accordance with agency procedures, see FAR 32.206(g))

[ X ] (62) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C. 3332). (Solicitations and contracts that include FAR 52.204-7 or an agency clause that requires a contractor to be registered in SAM & maintain registration until final payment, unless i) Payment will be made through a 3rd party arrangement; or ii) an exception listed in FAR 32.1103(a) through (i) applies)

[ ] (63) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). (Solicitations and contracts that require EFT as the method for payment but do not include FAR 52.204-7 or a similar agency clause that requires contractor to be registered in SAM.)

[ ] (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). (Insert if payment under a written contract will be made by a charge to a Government account with a third party such as a Government-wide commercial purchase card)

[ ] (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). (Information technology solicitations/contracts that require security of information technology, and/or are for the design, development, or operation of a system of records using commercial information technology services or support services)

[ ] (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)). (All solicitations and contracts containing FAR 52.219-9)

[ ] (67)(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). (Solicitations & contracts involving ocean transportation of supplies subject to the Cargo Preference Act of 1954; see FAR 47.503)

[ ] (ii) Alternate I (APR 2003) of 52.247-64. (Statute or agency determination requires supplies to be transported exclusively in privately owned US-flag commercial vessels, see FAR 47.502(a)(1) and 47.503(b))

[ ] (iii) Alternate II (NOV 2021) of 52.247-64. (Except for contracts for ocean transportation services or construction contracts, insert if any the supplies to be transported are commercial products that are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations)

(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:

[ X ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (If FAR Subpart 22.10 applies & over $2,500)

[ ] (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). (If FAR Subpart 22.10 applies & over $2,500. NOTE - Complete CO fill-in via procedure at FAR 52.104(d) or as part of Addenda)

[ X ] (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). (Fixed-price service contract containing FAR 52.222-41 & multiple-year contract or contract with options to renew that exceeds SAT. May be used under the SAT)

[ ] (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). (If fixed price, time-and materials, or labor hour service contract, FAR 52.222-41 is included, over SAT & NOT Multiple-Year or contract with Option Years. May be used under the SAT)

[ ] (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) (In solicitations when FAR 52.222-48 is included or comparable provision is checked at FAR 52.204-8(c)(2)(v) or 52.212-3(k)(1) and in contracts where CO determined per FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute does not apply.)

[ ] (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). (In solicitations that include FAR 52.222-52, or comparable provision is checked as applicable in FAR 52.204-8(c)(2) or 52.212-3(k)(2) and in contracts where CO determined per FAR 22.1003-4(d)(3) that the Service Contract Labor Standards statute does not apply.)

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

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