70B01C26R00000080 TCA TI Maintenance (003).pdf

SOLICITATION, OFFER,

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED

□ SEALED BID (IFB)

AND AWARD INVITATION FOR BID

(Construction, Alteration, or Repair) 70B01C26R00000080

(8] NEGOTIATED (RFP)

REQUEST FOR PROPOSAL 06/6/2026

IMPORTANT - The "offer" section on the reverse must be fully completed by offerer.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

0020155206

6. PROJECT NUMBER

7. ISSUED BY CODE 7014

DHS -Customs & Border Protection

Administration and Facilities Contracting Division

1300 Pennsylvania Ave, NW

\A'

nr. ?n??a

8. ADDRESS OFFER TO

PAGE OF

9--:- FOR . I a. NAME INFORMATION CALL: ► I Muhanad D. Sasa I

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

The following documents are incorporated into the Request for Proposal.

-Attachment 1 -STATEMENT OF WORK

-Attachment 2 -WAGE DETERMINATIONS

-Attachment 3 -TCA UNIT PRICED BID SHEET

-Attachment 4-SCHEDULED WORK BID FORM TCA

-Attachment 5-TCA GATE INSPECTION, SHELTER, SPEC, AND Tl DESIGN

All work shall be done in accordance with a statement of work and terms and conditions.

The scheduled maintenance work is firm fixed priced.

The unscheduled maintenance work is fixed unit priced.

The contractor shall inform CBP when they have met 75% of NTE.

PAGES

* Any applicable updates to the Federal Acquisition Regulation (FAR) made pursuant to the Revolutionary FAR Overhaul

(RFP), and subsequently adopted by the Department of Homeland Security via Class Deviation, shall be deemed adopted and included in this contract without adjustment to price. Any clauses contained in this contract that have already been, or our later, updated in the RFP and adopted by DHS shall be considered to be amended to mirror the most up to date FAR RFP language without a change in the price.

Proposal Response Date: June 22, 2026@ 12Noon ET

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving

D award, D notice to proceed. This performance period is D mandatory D negotiable. (See

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

□ YES □ No

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour)

1 o ca I time 6/22/2026

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offerer's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee D is, D is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 {REV. 12/2022)

Prescribed by GSA -FAR (48 CFR) 53.236-1 (d)

70B01C26R00000080

TABLE OF CONTENTS

SECTION I SCHEDULES

I.1 SCHEDULE OF SUPPLIES/SERVICES

I.2 DELIVERY SCHEDULE

SECTION II CONTRACT CLAUSES

II.1 52.202-1 DEFINITIONS (JUN 2020)

II.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APRIL 1985)

II.3 52.203-3 GRATUITIES (APR 1984)

II.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

II.5 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

II.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

II.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) II.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)6

II.10 52.203-17 CONTRACTOR WHISTLEBLOWER RIGHTS (NOV 2023)

(Jan. 2011) II.13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025)(DEVIATION 25-19) II.14 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS (AUG 2025)(DEVIATION 25-19) II.15 52.204-18 [Reserved (AUG 2025) (DEVIATION 25-19)] (effective November 28, 2025) II.16 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 8 II.17 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2025)

(DEVIATION 25-27)

II.18 52.209-13 VIOLATIONS OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION (NOV 2021) 8 II.19 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL

SERVICES (AUG 2025) (DEVIATION 25-21)

II.20 52.215-2 AUDIT AND RECORDS-NEGOTIATION (OCT 2025) (DEVIATION 26-08) (EFFECTIVE NOVEMBER 3, 2025) 12 II.21 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2025) (DEVIATION 26-03) – (effective November 3, 2025) 12 II.22 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS – OVERTIME COMPENSATION (OCT 2025) (DEVIATION 26-10) (effective November 3, 2025) II.23 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (OCT 2025) (DEVIATION 26-10) (effective November 3, 2025)

II.24 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

II.25 52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)

II.26 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

II.27 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

II.28 52.222-11 SUBCONTRACTS (LABOR STANDARDS (OCT 2025) (DEVIATION 26-10) (effective November 3, 2025) 13

II.29 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

II.31 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

II.32 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

II.33 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2025) (DEVIATION 26-10) (effective November 3, 2025) 13

II.37 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

II.38 52.222-55, MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (OCT

2023)(DEVIATION 24-02)

II.40 52.222–62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)

II.41 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

II.42 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020) 17

II.43 52.227-4 PATENT INEMNITY – CONSTRUCTION CONTRACTS (DEC 2007)

II.45 52.228-5 INSURANCE-WORK OF A GOVERNMENT INSTALLATION (JAN 1997)

II.46 52.228-11 PLEDGES OF ASSETS (FEB 2021) (DEVIATION May 2023)

II.47 52.228-12 PROSPECTIVE SUBCONTRACTORS REQUEST FOR BONDS (DEC 2022)

II.48 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JUL 2000)

II.49 52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

II.50 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (JUN 2020) (DEVIATION May 2023) 17

II.51 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

II.52 52.232-17 INTEREST (MAY 2014)

II.53 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

II.54 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

II.55 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

II.56 52.233-1 DISPUTES (AUG 2025) (DEVIATION 25-25)

II.57 52.233-1 DISPUTES (AUG 2025), ALT 1 (DEVIATION 25-25) (effective November 3, 2025)

II.58 52.233-3 PROTEST AFTER AWARD (AUG 2025) (DEVIATION 25-25)

II.59 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (AUG 2025) (DEVIATION 25-25

II.60 52.236-2 DIFFERING SITE CONDITIONS (AUG 2025) (DEVIATION 25-15)

II.61 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (AUG 2025) (DEVIATION 25-

15) 19

II.63 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (AUG 2025) (DEVIATION 25-15)

II.64 52.236-7 PERMITS AND RESPONSIBILITIES (AUG 2025) (DEVIATION 25-15)

II.65 52.236-8 OTHER CONTRACTS (AUG 2025) (DEVIATION 25-15)

II.66 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (AUG 2025) (DEVIATION 25-15)

II.67 52.236-10 OPERATIONS AND STORAGE AREAS (AUG 2025) (DEVIATION 25-15)

II.68 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (AUG 2025) (DEVIATION 25-15)

II.69 52.236-12 CLEANING UP (AUG 2025) (DEVIATION 25-15)

II.70 52.236-13 ACCIDENT PREVENTION ALT I (AUG 2025) (DEVIATION 25-15)

II.71 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (AUG 2025) (DEVIATION 25-15) II.72 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (AUG 2025) (DEVIATION 25-15) II.73 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (AUG 2025) (DEVIATION 25-23) II.74 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (AUG 2025) (DEVIATION 25-23) (effective November 3, 2025)

II.75 52.242-13 BANKRUPTCY (JUL 1995)

II.76 52.242-14 SUSPENSION OF WORK (APR 1984)

II.77 52.243-4 CHANGES (JUNE 2025) (DEVIATION 25-09)

II.78 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN

2025)(DEVIATION FEB 2025)

II.79 52.246-12 INSPECTION-DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS (AUG 1996) . 28

II.80 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

II.81 52.248-3 VALUE ENGINEERING – CONSTRUCTION (OCT 2020)

II.82 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT ALT I (SEPT 1996)

II.83 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

II.84 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

II.87 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to commence work under this contract within the time period specified in the time stated for completion shall include final cleanup of the premises II.88 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (SEPT 2025) (DEVIATION 25-34) (Effective November 28, 2025) II.89 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS - (OCT 2022)

ALTERNATE III (DEVIATION) (NOV 2005)

In accordance with 19.811-3(d)(3), substitute the following for the paragraph (c) in FAR 52.219 18: 31

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation (End of Clause) II.91 3052.215-70 Key Personnel or Facilities (DEC 2003)

II.92 CONTRACT TYPE (OCT 2008)

II.93 TERM OF CONTRACT (MARCH 2003)

II.94 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

II.95 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)

(AUG 2024)

II.96 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

II.97 DISCLOSURE OF INFORMATION (MAR 2003)

II.98 NON-PERSONAL SERVICE (MAR 2003)

II.99 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (AUG 2022)

II.100 HOLIDAYS AND ADMINISTRATIVE LEAVE (OCT 2021)

II.101 DISCLOSURE OF INFORMATION (MAR 2003)

II.102 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

II.103 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2020)

II.104 52.224-3 PRIVACY TRAINING, ALTERNATE I (DEVIATION)

II.105 INFORMATION TECHNOLOGY SECURITY AWARENESS TRAINNING (JUL 2023)

II.106 3052.204-71 - Contractor Employee Access (JUL 2023) (HSAR DEVIATION 25-12) (effective November 3, 2025) 39

II.107 52.228-15 PERFORMANCE AND PAYMENT BONDS -CONSTRUCTION (OCT 2010)

(DEVIATION (MAY 2020))

II.108 3052.240-72 Safeguarding of Controlled Unclassified Unclassified Information (July 2023) (HSAR DEVIATION 25-12) (effective November 3, 2025) II.109 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents (July 2023) (HSAR DEVIATION 25-12) (effective November 3, 2025) II.110 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (OCT 2023) (Deviation 24-02) II.111 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS SUBSTANCES - APPLICABLE LICENSES AND

PERMITS (JUN 2006)

II.112 GOVERNMENT PROPERTY (SEP 2021)

II.113 USE AND CHARGES (APR 2012)

II.114 NOTICE OF REQUIRED BID GUARANTEE (MAR 2003)

II.115 52.228-1 BID GUARANTEE (SEP 1996)

II.116 SECURITY PROCEDURES (AUG 2022)

II.117 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (OCT 2007)

II.118 CONTRACT SERVICES NOT REQUIRING A BACKGROUND INVESTIGATION (MAY 2022)

SECTION III SOLICITATION PROVISIONS

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

III.2 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017)

III.3 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

III.4 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)

III.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (NOV 2025) (Deviation 25-27) III.6 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

III.7 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION 26-04) (effective November 28, 2025)

III.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

III.10 52.212-1 INSTRUCTIONS to OFFERORS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES (AUG

2025) (DEVIATION 25-21)

III.11 52.212-2 EVALUATION – COMMERCIAL PRODUCTS and COMMERCIAL SERVICES (AUG 2025)

(DEVIATION 25-21)

III.12 52.233-2 SERVICE OF PROTEST (AUG 2025) (DEVIATION 25-25)

III.13 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS

(AUG 2025) (DEVIATION 25-23)

III.14 AGENCY LEVEL PROTEST NOTICE (APR 2003)

SECTION I SCHEDULES

I.1 SCHEDULE OF SUPPLIES/SERVICES

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

10 TCA Maintenance Base - PM 1.000 EA 20 TCA Maintenance Base - Scheduled 1.000 EA 30 TCA Maintenance Base - Unscheduled 1.000 EA NTE

Total Funded Value of Award:

I.2 DELIVERY SCHEDULE

DELIVER TO: ITEM # QTY DELIVERY DATE

Customs and Border Protection 1300 Pennsylvania Avenue N W Washington, DC 20229

10 1.000 TBD

20 1.000 TBD

30 1.000 TBD

SECTION II CONTRACT CLAUSES

*Please note that certain DHS FAR DEVIATIONS for the Revolutionary FAR Overhaul (RFO) are now in effect. See FAR Overhaul - FAR Part DEVIATION Guidance | Acquisition.GOV. CBP reserves the right to unilaterally modify this contract to incorporate additional DEVIATIONS arising from the RFO. As such, offerors should become familiar with those DEVIATIONS prior to entering into this contract. Acceptance of this contract is acceptance of unliteral modifications by the Government to incorporate any RFO deviation.

* Clauses applicable to construction will apply to construction work performed under this Contract.

II.1 52.202-1 DEFINITIONS (JUN 2020)

II.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APRIL 1985)

II.3 52.203-3 GRATUITIES (APR 1984)

II.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

II.5 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

II.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

II.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

II.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

II.9 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

II.10 52.203-17 CONTRACTOR WHISTLEBLOWER RIGHTS (NOV 2023)

II.11 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

II.12 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

II.13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025) (DEVIATION 25-19)

(a) Definitions. As used in this clause–

Commercial and Government Entity code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award

Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.

Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to–

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32).

Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting

Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

II.14 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (AUG 2025)(DEVIATION 25-19)

(a) Definition. As used in this clause–

First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor's general and administrative expenses or indirect costs.

(b) Requirement. The Contractor shall report, according to paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) Report elements. The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) Remedies. The Contractor shall submit the information required in paragraph (c) of this clause in the System for Award Management (SAM) at https://www.sam.gov (see SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under the Federal Acquisition Regulation part 42.

(e) Review. Agencies will review Contractor-reported information for reasonableness and consistency with available contract information. If the agency believes that revisions to the Contractor’s reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or put its reason in writing for the agency.

(f) First-tier subcontracts.

(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.303(b), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall tell the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

II.15 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

II.16 52.204-91 CONTRACTOR IDENTIFICATION (AUG 2025) (DEVIATION 25-19)

II.17 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2025)

(DEVIATION 25-27)

II.18 52.209-13 VIOLATIONS OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION (NOV 2021)

II.19 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES

(AUG 2025) (DEVIATION 25-21)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights –

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall –

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment –

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall –

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the –

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if –

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized

Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

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

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

II.20 52.215-2 AUDIT AND RECORDS-NEGOTIATION (OCT 2025) (DEVIATION 26-08) (EFFECTIVE NOVEMBER 3, 2025)

II.21 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2025) (DEVIATION 26-03) – (effective November 3, 2025)

(a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that— (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract. (c) Applicability. This clause applies only to— (1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3); (2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3); (3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108; (4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in

8.4 and 16.5; (5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference. (d) Independent contractors. An independent contractor shall be considered a subcontractor. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for— (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded. (f) The Contractor shall comply with the limitations on subcontracting as follows: (1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [Contracting Officer check as appropriate.] □ By the end of the base term of the contract and then by the end of each subsequent option period; or □ By the end of the performance period for each order issued under the contract. (2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order. (g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture.

Work performed by the small business protégé in the joint venture must be more than administrative functions. (2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

II.22 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS – OVERTIME COMPENSATION (OCT 2025)

(DEVIATION 26-10) (effective November 3, 2025)

II.23 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (OCT 2025) (DEVIATION 26-10) (effective November 3, 2025)

II.24 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

II.25 52.222-8 PAYROLLS AND BASIC RECORDS (JUL 2021)

II.26 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

II.27 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

II.28 52.222-11 SUBCONTRACTS (LABOR STANDARDS (OCT 2025) (DEVIATION 26-10) (effective November 3, 2025)

II.29 52.222-12 CONTRACT TERMINATION--DEBARMENT (MAY 2014)

II.30 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS (MAY 2014)

II.31 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

II.32 52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

II.33 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2025) (DEVIATION 26-10) (effective November 3, 2025)

II.34 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (OCT 2025) (OCT 2025) (DEVIATION 26-10) (effective November 3, 2025)

II.35 52.222-37 EMPLOYMENT REPORTS ON VETERANS (OCT 2025) (OCT 2025) (DEVIATION 26-10) (effective November 3, 2025)

II.36 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC

2010)

II.37 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2014)

II.38 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

II.39 52.222-55, MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (OCT

2023)(DEVIATION 24-02)

(a) Definitions. As used in this clause--

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker -- (1)(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order

14026, and

(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract;

and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order Minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates.

The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).

Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition–

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(c) are covered; and

(iii) Workers who are…