47PB0023R0008 RFP Highgate Area Snow 2023 08 25.pdf

Snow and Ice Removal Specification

SOLICITATION NUMBER: 47PB0023R0008

SERVICE: Snow and Ice Removal and Related Services

LOCATION(S):

U.S. Federal Buildings and Border Stations (LPOEs):

Address

VT0057BH - Highgate Springs L.P.O.E.

482 Welcome Center Road High-gate Springs, VT 05460-

VT0551BS - 300 Alburg Springs Rd 300 Alburg Springs Rd Alburg Springs, VT 05440-4022

VT0018ZZ - St. Albans P.O. & C.H. P.O. & C.H. 50 South Main Street St. Albans, VT 05478-2111

VT0024ZZ - Burlington P.O.C.H. 11 Elmwood Avenue Burlington, VT 05401-4366

VT0035ZZ - 58 Pearl Street 58 Pearl Street Burlington, VT 05401-4430

VT0028ZZ - Winston Prouty F.O.B. 11 Lincoln Street Essex Junction, VT 05452-3685

PERIOD OF PERFORMANCE:

SOLICITATION ISSUE DATE: August 29, 2023

OFFER RECEIPT DATE/TIME: September 8, 2023

TABLE OF CONTENTS

A. SOLICITATION/CONTRACT FORM

A.1 STANDARD FORMS:

B. DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

B.1 OBJECTIVES AND SCOPE

B.1.1 The Contractor Shall B.1.2 Sustainable Cleaning

B.2 RESERVED

B.2.1 Reserved B.2.2 Proof of Compliance B.2.3 Reserved B.2.4 Hazard Communication Plan B.2.4.1 Safety Data Sheets

B.3 STANDARD SERVICES

B.3.3 Snow and Ice Removal

B.4 SAFETY AND HEALTH

B.5 COMMUNICATION

B.5.1 Communication Plan B.5.2 Meeting Requirements B.5.3 Joint Service Inspections

B.6 QUALITY CONTROL PLAN (QCP)

B.7 STAFFING PLAN

C. CONTRACT CLAUSES

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

ITEMS (MAR 2023)

52.216-18 -- ORDERING (AUG 2020)

52.216-19 -- ORDER LIMITATIONS (OCT 1995)

52.216-22 -- INDEFINITE QUANTITY (OCT 1995)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.242-15 STOP-WORK ORDER (AUG 1989)

552.204-9 PERSONAL IDENTITY VERIFICATION REQUIREMENTS (APR 2023)

552.212-71 -- CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (JAN

2022)

52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

D. CONTRACT DOCUMENTS, EXHIBITS, ATTACHMENTS

D.1 PAYMENT OF POSTAGE AND FEES

D.2 MARKING

D.3 INSPECTION & ACCEPTANCE:

D.4 PLACE OF PERFORMANCE

D.4.1 Location(s)

D.5 TERM OF CONTRACT

D.6 EXTENSION OF SERVICES

D.7 SUSPENSION OF WORK

D.8 OCCUPANT COMPLAINT PROGRAM

D.9 INVOICE REQUIREMENTS FOR ROUTINE SERVICES

D.10 INVOICE REQUIREMENTS FOR ADDITIONAL SERVICES

D.11 INSURANCE

D.12 SPECIAL CONTRACT REQUIREMENTS

D.12.1 General Contract Requirements

D.12.1.1 Standards of Conduct D.12.1.2 Supervisors D.12.1.3 Training

D.12.1.3.1 Supervisor Training D.12.1.3.2 Asbestos Awareness Training

D.12.1.4 Uniforms D.12.1.5 Key Control D.12.1.6 Qualifications of Personnel D.12.1.7 Protection and Damage D.12.1.8 Miscellaneous Requirements

D.12.2 Staffing Contingency Plan (SCP) D.12.3 Occupant Emergency Plan (OEP) D.12.4 Provided By The Government (Not Identified Elsewhere in the Specification)

D.12.4.1 Use of Government Information Technology D.12.4.2 Safeguarding Sensitive Data and Information Technology Resources

D.12.5 Security Requirements and Personal Identity Verification Procedures (Non-Classified Contract) D.12.5.1 Fitness Determinations D.12.5.2 Compliance with Security Requirements D.12.5.3 Identification Responsibility

D.12.6 Identification Credential D.12.7 Escort Requirements D.12.8 Removal From Contract Work D.12.9. Safeguarding and Dissemination of Controlled Unclassified Information D.12.10 Prohibited Telecommunications Equipment D.12.11 Recording Presence D.12.12 Government Forms D.12.13 Other Contractors D.12.14 Ordinances, Taxes, Permits and Licenses D.12.15 Discrepancy in the Specifications D.12.16 Federal Requirements

D.13 EXHIBITS / ATTACHMENTS

D.14 WAGE DETERMINATIONS

E. PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS. (MAR 2023) (TAILORED)

52.212-2 EVALUATION-COMMERCIAL ITEMS (NOV 2021)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (DEC 2022)

52.204-24 -- REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) (DEVIATION)

52.209-7 -- INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.233-2 -- SERVICE OF PROTEST (SEP 2006)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) (TAILORED)

A. SOLICITATION/CONTRACT FORM

A.1 Standard Forms:

Refer to SF1449

B. DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

B.1 Objectives and Scope

This is a Performance Work Statement (PWS) for Snow and Ice Removal and Related Services defined under the scope of this contract for:

U.S. Federal Buildings and Border Stations (LPOEs):

Address Normal Building Operating Hours:

VT0057BH - Highgate Springs L.P.O.E.

482 Welcome Center Road High-gate Springs, VT 05460-

24 Hours a Day, 7 Days a Week

VT0551BS - 300 Alburg Springs Rd 303 Alburg Springs Rd Alburg Springs, VT 05440-4022

6:00 am – Midnight, 7 Days a Week

VT0018ZZ - St. Albans P.O. & C.H. P.O. & C.H. 50 South Main Street St. Albans, VT 05478-2111

5:45 AM – 5:00 PM

VT0024ZZ - Burlington P.O.C.H. 11 Elmwood Avenue Burlington, VT 05401-4366

5:30 AM – 5:30 PM

VT0035ZZ - 58 Pearl Street 58 Pearl Street Burlington, VT 05401-4430

5:30 AM –4:30 PM

VT0028ZZ - Winston Prouty F.O.B. 11 Lincoln Street Essex Junction, VT 05452-3685

5:30 AM – 5:00 PM

This PWS describes the minimum requirements of the U.S. General Services Administration (GSA) and acceptable outcomes to be performed by the Snow and Ice Removal Contractor (known from here on as Contractor). The contract consists of one major functional area: Standard Services. All, or part of, the successful offeror’s Proposal Package may be incorporated into the contract.

The Contractor shall closely monitor all aspects of the work, identify deficiencies, and implement corrective action, without reliance on Government oversight. Snow and Ice Removal and related services provided by the Contractor are arranged and contract administration is provided through one or more of the following entities: GSA’s Regional Office, Service Centers, Field Offices, or Local Offices. These entities represent the Facility Management organizations that have been adopted by GSA’s regional leadership.

GSA seeks to establish a partnering relationship with the Contractor to accomplish the program objectives in this contract. The objective of the partnering process is to provide an effective problem-finding/problem-solving management team composed of personnel from all parties responsible for maintaining the quality of our facilities, thus creating a single culture with one set of goals and objectives. Partnering requires that all parties recognize and address those opportunities and challenges that shall be confronted to help maintain the health of the Contractor/GSA relationship. The relationship is based on trust, dedication to common goals, and an understanding of each other's individual expectations and values. The outcome of this initiative is for GSA to leverage Contractor expertise to assist GSA in accomplishing these goals and objectives.

All references incorporated herein as Web sites (URLs) are accurate as of September 2020 and may be subject to change by their web publisher. Web pages are provided to the Contractor for additional clarity. A change to any Web site specified in this contract does not change or alter the contract requirements and objectives identified herein.

B.1.1 The Contractor Shall

⮚ Furnish all personnel, labor, equipment, materials, tools, supplies, supervision, management, training/certifications, and services, except as may be expressly set forth as Government furnished, except to the extent any of the supplies may be furnished directly by the Government under the contract, and otherwise accomplish all actions necessary to or incident to, perform and provide the work efforts described in the contract.

⮚ Maximize the use of goods, products and materials that are produced in the United States. Telecom equipment must be in compliance with the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019, specifically NDAA 889. NDAA 889 requirements are explained further in the Scope.

⮚ Ensure that their employees are properly trained, licensed and/or certified to operate necessary building systems or equipment for which licensed and/or certified personnel are required by Federal, State, or local laws; codes, permits or ordinances.

⮚ Be responsible to make the management and operational decisions to meet the quality performance standards required under this contract.

⮚ Use innovation, technology and other means and methods to develop and perform the most efficient cleaning services for the building.

⮚ Implement an effective Quality Control Plan (QCP).

⮚ Implement an effective service call system that results in prompt, professional, and courteous resolution of tenant concerns.

⮚ Keep the CO or their designee informed of current status of the work being performed, provide work schedules and provide other pertinent information needed.

⮚ Reduce the environmental impacts of work performed under this contract by using environmentally sound practices, processes, and products.

B.1.2 Sustainable Cleaning

Reserved

B.2 Reserved

B.2.1 Reserved

B.2.2 Proof of Compliance

Reserved

B.2.3 Reserved

B.2.4 Hazard Communication Plan

Reserved

B.2.4.1 Safety Data Sheets

All new products used during the life of the contract must have Safety Data Sheets (SDS) provided to the CO or their designee prior to bringing and/or using these products on site. The Contractor shall use only commercially available products that meet Federal, State, and local codes.

The Contractor shall maintain the SDS in a location accessible to all employees and shall advise the CO or their designee of its location. The SDS shall be available for inspection by the CO or their designee upon request. The Contractor shall take every precaution to ensure that environmentally sustainable products are used. Information can be obtained from Federal, State, and local agencies concerning safe chemical cleaning materials. An inventory list of products to be used under this contract shall be provided to the CO or their designee. This list shall be updated as necessary, with a copy provided to the CO or their designee, throughout the term of the contract. The CO or their designee shall contact the Contractor immediately if any item is deemed inappropriate for use under this contract.

B.3 Standard Services

B.3.3 Snow and Ice Removal

The Contractor shall furnish to the COR a list of telephone numbers where either he/she or his/her authorized representative may be contacted seven (7) days per week at any hour of the day or night to provide required services. The Contractor must keep this listing current and provide the COR with an updated listing on or before October 1, prior to the start of each snow season. The Contractor shall, within 15 days prior to Contract start, will notify the COR of the snow removal subcontractor that will perform any part of this work if work is to be subcontracted out. Snow removal activities will be reported on the monthly quality control report.

The Contractor shall perform snow and ice removal standard services for the snow and ice removal program. Snow and ice removal from all entrances, steps, landings, sidewalks, driveways, street*, drains, roadways, parking areas, emergency exits & path of egress, between License Plate Readers and Radiation portal Monitors, gates, etc, areas providing accessibility for people with disabilities, and approaches are included in the standard service price. This does include snow and ice removal requiring heavy equipment (ride-on equipment such as front-end loaders, backhoes, bobcats, snowplows, etc.) Snow removal equipment provided by the Government that is damaged by the Contractor due to neglect shall be repaired or replaced by the Contractor. The Contractor shall be responsible for all costs incurred.

*Street: For Alburg Springs the contractor is required to plow the city road from the LPOE driveway at the south of the building to the border and back. For Highgate Springs the contractor is responsible for plowing Interstate 89 North from the South U-turn at the south end of the LPOE property to the border and South Bound Interstate 89 so the same U-turn.

The Contractor shall clear snow and ice before the normal building operating hours to prevent slip hazards.

Furthermore, the Contractor shall clear snow and ice during normal building operating hours.

The contractor shall ensure they have adequate supply of chemicals and sand on site or readily available to cover unexpected snow and ice events.

For locations covered in this solicitation which are open 24/7, all surfaces shall be always kept clear of snow and ice.

All stations covered in this solicitation have building operational equipment that must be kept clear of snow, including but not limited to: Vehicle Radiation Portal Monitoring Equipment installed in vehicle lanes; Fire Hydrants; gates, Electrical Transformers; Emergency generators; Fuel Tanks. Contractor is responsible for plowing through and around this equipment, including any necessary hand shoveling/snow blowing.

Contractors should price snow plowing and removal costs accordingly.

Snow Plowing. Snow plowing shall commence when local accumulation reaches two (2) inches. Snow plowing shall be accomplished by the Contractor to maintain safe passage for access into buildings, parking areas, roadways, approaches, vehicular courts, ramps, etc. In the event of icy rain or snow, sanding shall commence to maintain a safe passage on all paved roadways, parking lots, driveways, ramps and walkways. Contractor is required to be onsite within 45 minutes of the prediction of (2) inches of accumulation. Since plowing during a storm is done around vehicles the snowplow contractor shall coordinate with Government tenant personal on cleanup of parking lot so all the GOV vehicles can be moved for the final clean-up after each storm.

The Contractor shall use caution when snow removal is in progress to prevent any damage to the buildings, grounds, vegetation, landscape areas, sidewalks, roads, fire hydrants, shrubs, signs, and other protrusions.

The Contractor shall be held liable for any damage incurred to Government property during the performance of work. All locally prescribed safety regulations, laws, and practices shall be carefully observed in performance of the work.

The Contractor shall be responsible for annual sweeping of all concrete and paved inspection lanes, parking areas and walkways; removal of sand from adjacent grounds; and reseeding and repair of damage to affected areas at the end of each winter season. This work must be completed prior to the Memorial Day weekend each year. Winter damage repairs shall be completed by June 18th for Highgate. All other locations by June 30th.

Snow Removal: Snow must be removed from the site when the accumulation exceeds that which can be pushed off of the roads, parking areas, ramps and walkways without blocking traffic, parking spaces and pedestrian thoroughfares; or impedes the visibility of vehicular operators, pedestrians or tenant agency operations. At Alburg Springs the one area stockpiling allowed is an area 5’x4’x6’. Snow shall be stockpiled only in 3 areas approved by the COR at Highgate Springs L.P.O.E. Once these areas are filled to capacity;

and is larger than 30’ wide and 20’ high it is the Contractor’s responsibility to haul the snow from the facility within 24 hours following the end of the snow event.

Stockpiling of snow is not allowed at the Burlington P.O.C.H, the Burlington 58 Pearl, Winton Prouty F.O.B., and the St. Albans P.O. & C.H. Contractor’s responsibility to haul the snow from the facility within 24 hours following the end of the snow event.

Snow must be pushed from the roads, parking areas, ramps and walkways without blocking traffic, parking spaces and pedestrian thoroughfares or impeding the visibility of vehicular operators, pedestrians or tenant agency operations. Snow shall be stockpiled only in those areas approved by the COR listed above at the Highgate Springs L.P.O.E. and the Alburgh Springs L.P.O.E. Once these areas are filled to capacity; it is the Contractor’s responsibility to haul the snow from the facility within 24 hours following the end of the snow event.

Snow Stockpile Area: Contractor shall ensure that the stockpile area does not block any of the vehicle lanes allowing access to and from the US. Any snow accumulated in the stockpile will be removed within

24/hours following the end of the snow event. Contractor will plow clean designated plowing areas prior to the removal of stockpile. For sites that stockpiling is not allowed removal of snow is to be removed with 24/hours following the end of the storm event. Snow removal from site is to be included as part of the base bid price, not billable as an extra service. Please see section on Snow Removal for areas of stockpiling limits at certain buildings.

Snow event trigger: The snow removal contractor will begin mobilization of snow removal activities 45 minutes before accumulation reaches the 2" trigger. An email will be sent to GSA Points of Contact informing them plowing activities have begun. Contractor will repeat plowing activities of this site as necessary or at a minimum of two (2) hour intervals throughout the business day until the snow event has ended.

Roof/Canopy Snow & Ice Removal at Highgate Springs L.P.O.E. Removal of snow/ice build-up from roofs and canopies may be required during the snow season. Contractor shall have the proper equipment necessary to accomplish this service in the event such a situation is necessary. Removal of snow/ice from roofs or canopies will be ordered by the COR and the contractor will receive instructions relative to the need for this work to be performed. This service is to be as a fixed price cost CLN in the contract that will be ordered through a GSA task order as an extra service.

The Contractor shall submit a detailed snow and ice removal plan that meets the needs of the GSA as part of the initial proposal package. A finalized snow and ice removal plan is due 15 days prior to the start of the contract. An annual updated snow and ice removal plan is due on October 1 of each year. At a minimum, the snow and ice removal plan shall include the following items:

⮚ Coordination measures (to ensure appropriate levels of effort for the conditions of the building)

⮚ Equipment

⮚ Personnel

⮚ Snow removal event triggers

⮚ Treatment areas requiring de-icing

⮚ Approved materials and chemicals

⮚ Safety plan

⮚ Notification procedures

⮚ Pollution prevention procedures for chemical storage, application, and runoff

Environmentally friendly de-icing products that will not damage concrete or metal and will help protect the environment, must be used on all roadways, parking lots, concrete entrances, walkways and steps, to prevent ice build-ups. This also applies to any sand/de-icing mixtures. Chemicals and/or sand shall be used to reduce safety hazards due to ice and snow. All chemicals used shall at a minimum comply with VTTrans and State of VT environmental regulations and local codes. The Contractor shall ensure there is an adequate supply of chemicals and sand on site or readily available to cover unexpected snow and ice occurrences. All chemicals used in the performance of this contract shall be approved by the COR prior to the first inclement weather event. Note: The only acceptable product for the Highgate sidewalk is calcium chloride; and for the Parking deck at St. Albans calcium chloride is the only product allowed.

If ice is present, a mixture of sand and ice melt shall be required. The contractor shall ensure there is an adequate supply of chemicals and sand on site or readily available to cover unexpected snow and ice events.

B.4 Safety and Health

Work shall comply with the applicable requirements of 29 C.F.R. § 1910 and State and local safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. The Contractor shall ensure subcontractors comply with the safety and health requirements included herein, and shall promptly report violations by such subcontractors, or as otherwise observed, to the CO or their designee, or security personnel.

B.5 Communication

B.5.1 Communication Plan

The Contractor shall prepare and provide to the CO or their designee a communication plan, detailing how the Contractor plans to provide ‘clear and effective’ communications with GSA using technology (two-way digital communication) to receive and respond to service calls, emergencies, status of projects, etc. The Contractor shall provide key operational personnel (managers or supervisors) with portable electronic means to communicate with GSA for service calls, emergencies, status updates of projects, etc.

Communication devices must be compatible with GSA devices. If not compatible, the Contractor shall provide to the Government a device or devices for their use. The plan shall be submitted as part of the proposal package for the Government’s review and approval. All telecommunication devices shall comply with Section 889 of NDAA FY 2019 requirements.

B.5.2 Meeting Requirements

The Contractor shall participate in GSA meetings as necessary in addition to 2 mandatory performance review meetings when requested by the CO or their designee. The meetings may be scheduled with the objective of communicating program specific information, performance, quality control, quality assurance, work that will impact the tenants, etc. Meetings will be held in person or via conference call at a mutually agreed time and location.

B.5.3 Joint Service Inspections

The Contractor shall accommodate all requests by the Government to participate in the Contractor’s inspection of work performed by Contractor personnel. Scheduling for these joint inspections shall be coordinated through the CO or their designee. This inspection shall be used with other measures of performance in discussions on Contractor performance during the Quality Control Meetings.

B.6 Quality Control Plan (QCP)

Evaluations of the Contractors work shall be based on the standards in this Section and conducted in accordance with the Government’s Quality Assurance Surveillance Plan (QASP). The Contractor shall develop and submit an initial QCP in the initial proposal package and a finalized QCP no later than fifteen

(15) calendar days prior to contract start.

The Contractor shall establish and implement a complete QCP to ensure the requirements of the contract are met. The QCP is a written document that specifies a system for determining whether or not cleaning service requirements are being met and identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable. The QCP also identifies opportunities where the Contractor can make improvements on how services are provided.

The QCP is a living document and may be subject to change depending on the needs of the contract. The Contractor shall be obligated to adhere to the QCP. The QCP will be utilized by the Government in conjunction with the QASP to effectively assess the Contractor's performance to ensure that the services performed meet contract standards. If the contract is modified to the extent where a change in the QCP is necessary, the Contractor is required to provide an updated QCP and listing of current employees to the CO or their designee for review and acceptance.

The QCP shall at a minimum include the following:

➢ How the Contractor will control the quality and quantity of supplies and services.

➢ Define the roles and responsibilities of the Contractor’s operating personnel.

➢ How project management, inspections, plan implementation, process improvement changes, and correction of deficiencies in this contract will be accomplished.

➢ An inspection plan or checklist tailored to the specific building(s) being serviced under this contract.

The inspection plan or checklist shall detail how services at the work site shall be inspected to ensure that the outcome of the work meets all the quality standards set forth in the contract and shall include, but is not limited to:

○ Date of inspection performed

○ Location of inspection

○ Description of findings

○ Description of action(s) taken (if necessary)

○ Signature and date of completion

➢ A written training program to ensure that the Contractor’s employees are capable of successfully accomplishing all work task(s) under this contract.

➢ A Strike Contingency Plan for separation of employees and employee absences.

➢ How Contractor shall monitor deficiencies of work output in relation to the performance standards, methods of informing employees of deficiencies in their area(s) of responsibility, and a process to ensure that the deficiencies are corrected and do not recur.

➢ How Contractor shall measure and document performance against the scope of work.

➢ A Communication Plan for the Contractor to communicate with GSA to receive and respond to service calls and customer complaints

➢ Contractor incentives.

➢ How the Contractor will utilize the Government’s approved tenant survey results to improve the delivery of Snow and Ice Removal and related services.

The QCP shall be submitted by the Contractor to the CO or their designee for review and acceptance. The Contractor is not authorized to start work until the QCP is accepted and the proper security clearances obtained.

B.7 Staffing Plan

The Contractor’s staffing plan shall include a detailed description of how the Contractor intends to accomplish the requirements of the contract using in-house, corporate or subcontracted resources. The staffing plan shall include:

⮚ Positions, their titles, responsibilities and physical locations (including corporate resources).

⮚ Minimum qualifications for each key position identified.

⮚ Resumes and references for individuals who will serve in management and supervisory capacities.

⮚ General approach to accomplishing work given the geographic dispersion of facilities and proposed physical locations of employees.

⮚ Description of how the Contractor plans to recruit and retain personnel, particularly key personnel.

⮚ The subcontracted resources to be used, and the work subcontractors will accomplish.

⮚ Approach to staffing coverage due to employee absences and staffing changes.

The Contractor shall develop and submit an initial staffing plan in the initial proposal package for evaluation and a finalized staffing plan no later than fifteen (15) calendar days prior to contract start. The Contractor shall submit a separate staffing plan for each building under the scope of the contract. The Staffing Plan is a living document and may be subject to change depending on the needs of the contract. The Contractor is obligated to adhere to the approved staffing plan. The Contractor's staffing plan will be utilized by the Government in conjunction with the QASP to effectively assess the Contractor's performance to ensure that the services performed meet the contract standards. Any change in staffing must be approved by the CO or their designee. Once approved by the CO, the staffing plan becomes the minimum level of staffing that the Contractor is required to provide. If the contract is modified to the extent where a change in the Staffing Plan is necessary, the Contractor is required to submit a revised Staffing Plan for approval by the CO or their designee.

C. CONTRACT CLAUSES

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Mar 2023)

As prescribed in 12.301(b)(4), insert the following clause:

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.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (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]

_x_ (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. 637s).

__ (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 (Mat 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) ( 15U.S.C. 637(a)(17)).

__ (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).

_x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_x_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_x_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_x_ (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).

__ (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) (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.)

_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.)

_x_ (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 (Jun2014) 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).

_x_ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_x_ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (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.

__ (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 (Nov2007) ( 42 U.S.C. 5150).

__ (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 (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

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

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

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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.]

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

_x_ (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).

_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).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

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

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

_x_ (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 2015) (E.O.11246).

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(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)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II ( Mar 2023 ). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 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).

(D) 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).

(E) 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.

(F) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(G) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(H) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(I) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(J) 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.

(K) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(L) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

__ (2) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(M) 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).

(N) 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).

(O) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(P) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(R)__ (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

__ (2) Alternate I (Jan 2017) of 52.224-3.

(S) 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).

(T) 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.

(U) 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…