70FBR622Q00000048.pdf
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- 70FBR622Q00000048
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| File | Type | Posted |
|---|---|---|
| Attachment 1 Statement of Work.pdf | ||
| Attachment 2 Image of Portable Restroom Unit.pdf |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
DR-4332-TX
BLDG 8 4TH FLOOR
12515 RESEARCH BLVD
DR-4332-TX
DR-4332-TX
DR-4559-LA CODE 16. ADMINISTERED BYCODE
X
X
X
562991
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR70FBR6
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
09/02/2022 1600 CT
08/25/2022
303-501-0051Sandra Shanks (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
70FBR622Q00000048
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 73 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
AUSTIN TX 78759-2252
TELEPHONE NO.
17a. CONTRACTOR/
ALEXANDRIA LA 71303
24 N BAYOU RAPIDES RD
ATTN JEFFREY PLUCKER
ENGLAND AIRFIELD
FEMA STAGING AREA
15. DELIVER TO
DENTON TX 76209-3606
800 NORTH LOOP 288
REGION VI
FEDERAL EMERGENCY MANAGEMENT AGENCY
DEPARTMENT OF HOMELAND SECURITY
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$8.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
FEMA REGION 06
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services and Part 13 - Simplified Acquisition Procedures –as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and offerors are encouraged to provide their best price.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Sandra Shanks
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
This solicitation, 70FBR622Q00000048, is issued as a Request for Quotation. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC)
Number: 2022-07
Effective Date: 08/10/2022
Funds are not yet obligated, and no award will be made until funds are certified/obligated. The solicitation number is RFQ 70FBR622Q00000048.
FEMA is tax exempt.
Tax Exempt ID: # 52 122 7911.
Payment terms are Net 30 days.
The North American Industrial Classification
System (NAICS) code for this procurement is
562991 Septic Tank and Related Services.
Offeror’s Representations and Certifications in the System for Award Management (SAM) must indicate this NAICS code in their entity registration.
This solicitation has been set-aside for Local
Disaster Area small businesses who reside or primarily conduct business within a county under
Presidentially Declared Disaster DR-4559-LA and the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as Amended. Stafford
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
73 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 73
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
70FBR622Q00000048
Act | FEMA.gov .
INSTRUCTIONS TO OFFERORS
This solicitation is issued in accordance (IAW) with FAR Part 12 Acquisition of Commercial
Products and Commercial Services and FAR Part 13
Simplified Acquisitions Procedures.
This requirement is issued as a Local Disaster
Area and Small Business Set-Aside under
Presidentially Declared Disaster DR-4559-LA and the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as Amended. Stafford
Act | FEMA.gov .
Offerors must be a small business that resides or primarily conducts business in one of the following DR-4559-LA counties:
Acadia (Parish), Allen (Parish), Beauregard
(Parish), Bienville (Parish), Calcasieu (Parish), Cameron (Parish), Catahoula (Parish), Claiborne
(Parish), Evangeline (Parish), Grant (Parish), Iberia (Parish), Jackson (Parish), Jefferson
Davis (Parish), La Salle (Parish), Lafayette
(Parish), Lincoln (Parish), Natchitoches
(Parish), Ouachita (Parish), Pointe Coupee
(Parish), Rapides (Parish), Sabine (Parish), St.
Martin (Parish), Union (Parish), Vermilion
(Parish), Vernon (Parish), Webster (Parish), West
Feliciana (Parish), Winn (Parish)
The Federal Emergency Management Agency (FEMA) intends to award a firm fixed-price purchase order from the offers received from this solicitation that are the best value to the
Government.
1. Offeror shall provide all labor, supervision, material, supplies, tools, equipment, and expertise necessary to provide, deliver, install, and maintain a Climate controlled, 3-Stall Mobile
Restroom Trailer inclusive of 2 regular stalls and 1 ADA stall. All stalls shall be lockable.
Unit must hook up via hard wired electrical/shore
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
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70FBR622Q00000048
power. Delivery, installation, and maintenance shall be provided in accordance with the
Statement of Work (SOW) (Attachment 1) and comparable to the unit pictured in Attachment 2
Image of Portable Restroom that is incorporated into this solicitation in its entirety.
2. Offeror shall include with their proposal these items:
a.) Examples (photocopies) and detailed descriptions of proposed climate controlled portable restroom, to include all salient characteristics such as, materials, layout, and features;
b.) COVID Cleaning methods, supplies, and cost per episodic occurrence;
c.) Delivery, and installation fees;
d.) Fees for episodic relocation;
e.) Fees for episodic deinstallation and reinstallation;
f.) Proposed Delivery Date;
g.) Disaster Area Representation;
h.) System for Award Management (SAM) Unique
Entity Identification (UEI) number.
3. All contractor personnel entering a FEMA facility must provide a Government issued identification, such as a driver’s license or passport to gain entry and must remain compliant with COVID-19 guidelines for the locality.
4. The FEMA Staging Area is located at England
Airfield, 24 N Bayou Rapides Rd., Alexandria, LA
71303
5. Offerors are encouraged to provide their best offer and include any discounts with their offer.
6. Questions regarding this solicitation will be accepted by email only until August 30, 2022, at
1600 hours Central Daylight Time (CDT). All questions shall be sent to sandra.shank@fema.dhs.gov and patricia.gilmore@fema.dhs.gov.
7. Quotations shall be emailed to
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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70FBR622Q00000048
Sandra.Shanks@fema.dhs.gov and
Patricia.Gilmore@fema.dhs.gov and will be accepted until September 2, 2022, at 1600 hours
CDT. No phone calls will be accepted.
8. Delivery shall occur no later than September
6, 2022, during work hours of 7:30 a.m. to 3:30 p.m.
Period of Performance: 09/06/2022 to 03/05/2023
0001 Climate controlled, 3 Stall Mobile Restroom 26 WK
Trailer inclusive of 2 regular stalls and 1 ADA stall. All stalls shall be lockable. Unit must hook up via hard wired electrical/shore power.
Cleaning and emptying of holding tank to occur
M-W-F, to include any refills of freshwater tanks if necessary.
Cleaning, sanitization and deodorizing of all surfaces inside each stall and sink areas, to include floor.
Restocking of supplies shall include at minimum, refills of soap, hand sanitizer, toilet paper, and paper towels each M-W-F. Restocking of supplies should be sufficient to last until the next scheduled servicing visit.
Inspection of site for spillage, debris, or leakage to occur at each service visit upon arrival and before departure.
Maintenance shall be provided by the Contractor sufficiently to maintain operation as required.
If equipment becomes non-operational, diagnosis must be made within one (1) hours of notification or when observation is made. Notification must be made to the COR as soon as diagnosis is made, a repair or replacement shall occur within 24-hours of notification or sooner.
0002 COVID Cleaning and Sanitizing M-W-F 26 WK
All surfaces to be cleaned, deodorized, and sanitized in accordance with COVID-19 cleaning guidelines established by the Centers for Disease
Control (CDC). The CDC periodically updates these requirements and should be monitored for
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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70FBR622Q00000048
any changes.
Link to CDC website:
https://www.cdc.gov/coronavirus/2019-ncov/communit y/disinfecting-building-facility.html
Product/Service Code: W099
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- MISCELLANEOUS
0003 Delivery and Installation 1 EA
Contractor shall deliver, level, block, connect water and electrical, and anchor mobile restroom unit, to include all needed supplies.
Product/Service Code: W099
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- MISCELLANEOUS
0004 COVID-19 Cleaning and Sanitization in addition to 1 EA regular cleaning.
This CLIN will establish a price for situational and episodic COVID-19 cleaning that may be required during this contract.
This CLIN is unfunded, and funding will become available as needed through a contract modification.
The period of performance for this CLIN is date of award through contract completion.
(Option Line Item)
Date Option to be Exercised 1 Days After Award
Product/Service Code: W099
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- MISCELLANEOUS
Period of Performance: 09/06/2022 to 09/05/2024
0005 Relocation of units at the staging area site. 1 EA
On-site relocation of restroom trailer may be necessary during the duration of this contract.
This CLIN will establish a price for on-site relocation, moving the unit to a different location within the compound of the Staging Area.
This CLIN is unfunded, and funding will become available as needed through a contract
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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(A) (B) (C) (D) (E) (F)
70FBR622Q00000048
modification.
The period of performance for this CLIN is date of award through contract completion.
(Option Line Item)
Date Option to be Exercised 1 Days After Award
Product/Service Code: W099
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- MISCELLANEOUS
Period of Performance: 09/06/2022 to 09/05/2023
0006 Pick-Up and De-installation 1 EA
This CLIN is unfunded, and funding will become available as needed through a contract modification. This CLIN will establish a price for deinstallation and a price for pickup of the unit upon contract completion.
Contractor shall disconnect, and move unit to an onsite location, or shall remove the unit upon contract completion.
(Option Line Item)
Date Option to be Exercised09/01/2022
Product/Service Code: W099
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- MISCELLANEOUS
Period of Performance: 09/06/2022 to 09/05/2024
1001 OPTION PERIOD 1 (13 WEEKS) 13 WK
Climate controlled, 3 Stall Mobile Restroom
Trailer inclusive of 2 regular stalls and 1 ADA stall. All stalls shall be lockable. Unit must hook up via hard wired electrical/shore power.
Cleaning and emptying of holding tank to occur
M-W-F, to include any refills of freshwater tanks if necessary.
Cleaning, sanitization and deodorizing of all surfaces inside each stall and sink areas, to include floor.
Restocking of supplies shall include at minimum, refills of soap, hand sanitizer, toilet paper, and paper towels each M-W-F. Restocking of supplies should be sufficient to last until the next scheduled servicing visit.
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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Inspection of site for spillage, debris, or leakage to occur at each service visit upon arrival and before departure.
Maintenance shall be provided by the Contractor sufficiently to maintain operation as required.
If equipment becomes non-operational, diagnosis must be made within one (1) hours of notification or when observation is made. Notification must be made to the COR as soon as diagnosis is made, a repair or replacement shall occur within 24-hours of notification or sooner.
(Option Line Item)
Date Option to be Exercised03/01/2023
Period of Performance: 03/06/2023 to 06/05/2023
1002 OPTION PERIOD 1 (13 WEEKS) 13 WK
COVID Cleaning and Sanitizing M-W-F
All surfaces to be cleaned, deodorized, and sanitized in accordance with COVID-19 cleaning guidelines established by the Centers for Disease
Control (CDC). The CDC periodically updates these requirements and should be monitored for any changes.
Link to CDC website:
https://www.cdc.gov/coronavirus/2019-ncov/communit y/disinfecting-building-facility.html
(Option Line Item)
Date Option to be Exercised03/01/2023
Product/Service Code: W099
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- MISCELLANEOUS
Period of Performance: 03/06/2023 to 06/05/2023
2001 OPTION PERIOD 2 (13 WEEKS) 13 WK
Climate controlled, 3 Stall Mobile Restroom
Trailer inclusive of 2 regular stalls and 1 ADA stall. All stalls shall be lockable. Unit must hook up via hard wired electrical/shore power.
Cleaning and emptying of holding tank to occur
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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(A) (B) (C) (D) (E) (F)
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M-W-F, to include any refills of freshwater tanks if necessary.
Cleaning, sanitization and deodorizing of all surfaces inside each stall and sink areas, to include floor.
Restocking of supplies shall include at minimum, refills of soap, hand sanitizer, toilet paper, and paper towels each M-W-F. Restocking of supplies should be sufficient to last until the next scheduled servicing visit.
Inspection of site for spillage, debris, or leakage to occur at each service visit upon arrival and before departure.
Maintenance shall be provided by the Contractor sufficiently to maintain operation as required.
If equipment becomes non-operational, diagnosis must be made within one (1) hours of notification or when observation is made. Notification must be made to the COR as soon as diagnosis is made, a repair or replacement shall occur within 24-hours of notification or sooner.
(Option Line Item)
Date Option to be Exercised06/01/2023
Product/Service Code: W099
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- MISCELLANEOUS
Period of Performance: 06/06/2022 to 09/05/2023
2002 OPTION PERIOD 2 (13 WEEKS) 13 WK
COVID Cleaning and Sanitizing M-W-F
All surfaces to be cleaned, deodorized, and sanitized in accordance with COVID-19 cleaning guidelines established by the Centers for Disease
Control (CDC). The CDC periodically updates these requirements and should be monitored for any changes.
Link to CDC website:
https://www.cdc.gov/coronavirus/2019-ncov/communit y/disinfecting-building-facility.html
(Option Line Item)
Date Option to be Exercised06/01/2023
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
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(A) (B) (C) (D) (E) (F)
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Product/Service Code: W099
Product/Service Description: LEASE OR RENTAL OF
EQUIPMENT- MISCELLANEOUS
Period of Performance: 06/06/2022 to 09/05/2023
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders M - Evaluation Factors for Award
A - Solicitation/Contract Form
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2021)
(a) 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 postacceptance 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.
(b) 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.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) 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 at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(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 such as, 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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.
3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) 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.
(5) 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.
(6) 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 contract.
(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 prescribed in FAR 32.608-2 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 hereunder 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. 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) 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; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C.
2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) 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 Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.
(t) Removed and reserved.
(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(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 (u)(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.
(v) 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.
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2022)
(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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 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. 2402).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) (Reserved)
[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).
[ ] (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 (SEP 2021) (15 U.S.C. 657a).
[ ] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (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 2018) (15 U.S.C.
637(d)(2) and (3)).
[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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 (SEP 2021) (15 U.S.C. 657s).
[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).
[ ] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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 (EDWOSB) Concerns (SEP 2021) (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 (SEP 2021) (15 U.S.C. 637(m)).
[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ] (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[ ] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[ ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).
[ ] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[ ] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222-26.
[ ] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (JUL 2014) of 52.222-35.
[ ] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (JUL 2014) of 52.222-36.
[ ] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[ ] (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). (E. O. 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (OCT 2015) of 52.223-13.
[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (JUN 2014) of 52.223-14.
[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
[ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224-3.
[X] (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).
[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I (JAN 2021) of 52.225-3.
[ ] (iii) Alternate II (JAN 2021) of 52.225-3.
[ ] (iv) Alternate III (JAN 2021) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[X] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(NOV 2007) (42 U.S.C. 5150).
[ ] (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. 2307(f)).
[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).
[ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (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. chapter 67).
[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
[ ] (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) of this paragraph 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 2018) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.
chapter 67).
(xiii) [X] (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. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
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