70LGLY25RGLB00001 Amendment 0004.pdf

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70LGLY25RGLB00001

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1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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70LGLY

GLYNCO GA 31524

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

DEPARTMENT OF HOMELAND SECURITY

12/3/20250004

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/18/2025

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This amendment is being issued for the following reasons:

A. As stated in the Amended Advisory Notification dated November 25, 2025, the submission due date for Phase 2 has been changed to 9:00 am ET, December 8, 2025.

B. Change the CLIN structure from requirements to a firm fixed price; and remove the language concerning task orders.

C. Change CLIN X002 from 1 each to 12 months. This CLIN will be a firm fixed monthly price for roleplayer services.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Erin Johnson

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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D. Remove FAR clauses 52.216-18, 52.216-19, and 52.216-21 in Section C.

E. Change Phase In to 20 days before Base period begins in Section B and Section D, paragraph 1.4, subparagraph 1.4.1.

F. Change Period of Performance start dates for Base and all options in Section B and Section D, paragraph 1.4, subparagraph 1.4.1.

G. Remove FAR 16 from paragraph E.11.

H. Change the page limit from 21 pages to 11 pages for Factor 2; and to break down the 11 pages. One (1) page is the cover sheet; two (2) pages shall be for Management plan; four (4) pages shall be for Staffing Plan; and four (4) pages shall be for Scheduling in Section E, paragraph E.11, subparagraph General Information, Phase 2, Factor 2.

I. Add that the staffing plan shall list all staffing labor categories and if the position is full and part time in Section E, paragraph E.11, subparagraph General Information, Phase 2, Factor

2, Staffing Plan.

J. Change paragraph v in Section E, paragraph E.11, General Information, Phase2, Factor 4:

Pricing, so that the Standard Form 1449; Option

Form 336; and Price recap sheets are not included in the page limitation.

K. Remove requirements contract in paragraph i in Section E, paragraph E.11, General Information, Phase2, Factor 4: Pricing.

L. Remove requirements from Section E, paragraph E.13.

M. As a result of this Amendment, remove Section A through Section E; and replace with the attached Section A though Section E annotated

Revised by Amendment 0004. All changes are marked with a black bar in the right-hand margin.

Change Item 0001 to read as follows(amount shown is the total amount):

Continued ...

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Sponsored by GSA

FAR (48 CFR) 53.110

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0001 Base Period - Project Management 12 MO

Project/contract management to include but not limited to Key Personnel, Management duties, Administrative duties, and Property in accordance with Section C; Section D, Part 1, 2, 3, 4, 5.11, 6, 7, 8, and 9 of this acquisition.

Period of Performance: February 1, 2026 –

December 31, 2026

Change Item 0002 to read as follows(amount shown is the total amount):

0002 Base Period - Roleplayer Services 12 MO

Roleplayer services to provide all supervisor, materials, labor, personnel, and props to provide realistic law enforcement training as outlined in the scenario listed in the monthly work order in accordance with paragraphs 5.1, 5.2, 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10. To include but not limited to roleplayer training; props cleaning/repair/replace/issuance; person(s) that meet the training and characteristic requirements of the scenario; PSOTP meals; driving roleplayers home from DMD wetlabs; etc.

Period of Performance: February 1, 2026 –

December 31, 2026

Change Item 0003 to read as follows(amount shown is the total amount):

0003 Base Period - Schedulers 12 MO

Schedule Roleplayers in accordance with paragraphs 5.3, 5.4, and 5.12 of this acquisition.

Period of Performance: February 1, 2026 –

December 31, 2026

Continued ...

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Change Item 0004 to read as follows(amount shown is the total amount):

0004 Base Period - Training Surge - Not pre price 1 JO line item

This is an option line item that can be exercised up to 24 times in the period of performance (12 months). This will not be priced in the contractor proposal. The Government will provide details on the Surge to include but not limited to duration of the surge; increase of inventory levels expected; expected increase in operation days. The contract will provide a proposal for the surge period of performance based on the information provided by the Government no later than 15 days for planned operational surges.

Period of Performance: February 1, 2026 –

December 31, 2026

Change Item 0005 to read as follows(amount shown is the total amount):

0005 Base Period Phase In 1 EA

Phase In - See paragraph 5.13.

Period of Performance: 20 days before Base

Period Begins

Change Item 1001 to read as follows(amount shown is the total amount):

1001 Option Period 1 - Project Management 12 MO

Project/contract management to include but not limited to Key Personnel, Management duties, Administrative duties, and Property in accordance with Section C; Section D, Part 1, 2, 3, 4, 5.11, 6, 7, 8, and 9 of this acquisition.

Period of Performance: January 1, 2027 –

December 31, 2027

(Option Line Item)

Anticipated Option Exercise Date 12/31/2026

Continued ...

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Change Item 1002 to read as follows(amount shown is the total amount):

1002 Option Period 1 - Roleplayer Services 12 MO

Roleplayer services to provide all supervisor, materials, labor, personnel, and props to provide realistic law enforcement training as outlined in the scenario listed in the monthly work order in accordance with paragraphs 5.1, 5.2, 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10. To include but not limited to roleplayer training; props cleaning/repair/replace/issuance; person(s) that meet the training and characteristic requirements of the scenario; PSOTP meals; driving roleplayers home from DMD wetlabs; etc.

Period of Performance: January 1, 2027 –

December 31, 2027

(Option Line Item)

Anticipated Option Exercise Date 12/31/2026

Change Item 1003 to read as follows(amount shown is the total amount):

1003 Option Period 1 - Schedulers 1 MO

Schedule Roleplayers in accordance with paragraphs 5.3, 5.4, and 5.12 of this acquisition.

Period of Performance: January 1, 2027 –

December 31, 2027

(Option Line Item)

Anticipated Option Exercise Date 12/31/2026

Change Item 1004 to read as follows(amount shown is the total amount):

1004 Option Period 1 - Training Surge - Not pre price 1 JO line item

This is an option line item that can be exercised up to 24 times in the period of performance (12 months). This will not be priced in the contractor proposal. The Government will provide details on the Surge to include but not limited

Continued ...

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to duration of the surge; increase of inventory levels expected; expected increase in operation days. The contract will provide a proposal for the surge period of performance based on the information provided by the Government no later than 15 days for planned operational surges.

Period of Performance: January 1, 2027 –

December 31, 2027

(Option Line Item)

Anticipated Option Exercise Date 01/31/2026

Change Item 2001 to read as follows(amount shown is the total amount):

2001 Option Period 2 - Project Management 12 MO

Project/contract management to include but not limited to Key Personnel, Management duties, Administrative duties, and Property in accordance with Section C; Section D, Part 1, 2, 3, 4, 5.11, 6, 7, 8, and 9 of this acquisition.

Period of Performance: January 1, 2028 –

December 31, 2028

(Option Line Item)

Anticipated Option Exercise Date 12/31/2027

Change Item 2002 to read as follows(amount shown is the total amount):

2002 Option Period 2 - Roleplayer Services 12 EA

Roleplayer services to provide all supervisor, materials, labor, personnel, and props to provide realistic law enforcement training as outlined in the scenario listed in the monthly work order in accordance with paragraphs 5.1, 5.2, 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10. To include but not limited to roleplayer training; props cleaning/repair/replace/issuance; person(s) that meet the training and characteristic requirements of the scenario; PSOTP meals; driving roleplayers home from DMD wetlabs; etc.

Period of Performance: January 1, 2028 –

December 31, 2028

(Option Line Item)

Continued ...

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Anticipated Option Exercise Date 12/31/2027

Change Item 2003 to read as follows(amount shown is the total amount):

2003 Option Period 2 - Schedulers 12 MO

Schedule Roleplayers in accordance with paragraphs 5.3, 5.4, and 5.12 of this acquisition.

Period of Performance: January 1, 2028 – December

31, 2028

(Option Line Item)

Anticipated Option Exercise Date 12/31/2027

Change Item 2004 to read as follows(amount shown is the total amount):

2004 Option Period 2 - Training Surge - Not pre price 1 JO line item

This is an option line item that can be exercised up to 24 times in the period of performance (12 months). This will not be priced in the contractor proposal. The Government will provide details on the Surge to include but not limited to duration of the surge; increase of inventory levels expected; expected increase in operation days. The contract will provide a proposal for the surge period of performance based on the information provided by the Government no later than 15 days for planned operational surges.

Period of Performance: January 1, 2028 –

December 31, 2028

(Option Line Item)

Anticipated Option Exercise Date 12/31/2027

Change Item 3001 to read as follows(amount shown is the total amount):

3001 Option Period 3 - Project Management 12 MO

Project/contract management to include but not limited to Key Personnel, Management duties, Administrative duties, and Property in accordance

Continued ...

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with Section C; Section D, Part 1, 2, 3, 4, 5.11, 6, 7, 8, and 9 of this acquisition.

Period of Performance: January 1, 2029 – December

31, 2029

(Option Line Item)

Anticipated Option Exercise Date 12/31/2028

Change Item 3002 to read as follows(amount shown is the total amount):

3002 Option Period 3 - Roleplayer Services 12 MO

Roleplayer services to provide all supervisor, materials, labor, personnel, and props to provide realistic law enforcement training as outlined in the scenario listed in the monthly work order in accordance with paragraphs 5.1, 5.2, 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10. To include but not limited to roleplayer training; props cleaning/repair/replace/issuance; person(s) that meet the training and characteristic requirements of the scenario; PSOTP meals; driving roleplayers home from DMD wetlabs; etc.

Period of Performance: January 1, 2029 – December

31, 2029

(Option Line Item)

Anticipated Option Exercise Date 12/31/2028

Change Item 3003 to read as follows(amount shown is the total amount):

3003 Option Period 3 - Schedulers 12 MO

Schedule Roleplayers in accordance with paragraphs 5.3, 5.4, and 5.12 of this acquisition.

Period of Performance: January 1, 2029 – December

31, 2029

(Option Line Item)

Anticipated Option Exercise Date 12/31/2028

Change Item 3004 to read as follows(amount shown is the total amount):

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3004 Option Period 3 - Training Surge - Not pre price 1 JO line item

This is an option line item that can be exercised up to 24 times in the period of performance (12 months). This will not be priced in the contractor proposal. The Government will provide details on the Surge to include but not limited to duration of the surge; increase of inventory levels expected; expected increase in operation days. The contract will provide a proposal for the surge period of performance based on the information provided by the Government no later than 15 days for planned operational surges.

Period of Performance: January 1, 2029 – December

31, 2029

(Option Line Item)

Anticipated Option Exercise Date 12/31/2028

Change Item 4001 to read as follows(amount shown is the total amount):

4001 Option Period 4 - Project Management 12 MO

Project/contract management to include but not limited to Key Personnel, Management duties, Administrative duties, and Property in accordance with Section C; Section D, Part 1, 2, 3, 4, 5.11, 6, 7, 8, and 9 of this acquisition.

Period of Performance: January 1, 2030 – December

31, 2030

(Option Line Item)

Anticipated Option Exercise Date 12/31/2029

Change Item 4002 to read as follows(amount shown is the total amount):

4002 Option Period 4 - Roleplayer Services 12 EA

Roleplayer services to provide all supervisor, materials, labor, personnel, and props to provide realistic law enforcement training as outlined in the scenario listed in the monthly work order in accordance with paragraphs 5.1, 5.2, 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10. To include but not limited to roleplayer training; props

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cleaning/repair/replace/issuance; person(s) that meet the training and characteristic requirements of the scenario; PSOTP meals; driving roleplayers home from DMD wetlabs; etc.

Period of Performance: January 1, 2030 – December

31, 2030

(Option Line Item)

Anticipated Option Exercise Date 12/31/2029

Change Item 4003 to read as follows(amount shown is the total amount):

4003 Option Period 4 - Schedulers 12 MO

Schedule Roleplayers in accordance with paragraphs 5.3, 5.4, and 5.12 of this acquisition.

Period of Performance: January 1, 2030 – December

31, 2030

(Option Line Item)

Anticipated Option Exercise Date 12/31/2029

Change Item 4004 to read as follows(amount shown is the total amount):

4004 Option Period 4 - Training Surge - Not pre price 1 JO line item

This is an option line item that can be exercised up to 24 times in the period of performance (12 months). This will not be priced in the contractor proposal. The Government will provide details on the Surge to include but not limited to duration of the surge; increase of inventory levels expected; expected increase in operation days. The contract will provide a proposal for the surge period of performance based on the information provided by the Government no later than 15 days for planned operational surges.

Period of Performance: January 1, 2030 – December

31, 2030

(Option Line Item)

Anticipated Option Exercise Date 12/31/2029

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Department of Homeland Security (DHS) ROLEPLAYER SERVICES Federal Law Enforcement Training Centers (FLETC) 70LGLY25RGLB00001

Revised by Amendment 0004

TABLE OF CONTENTS

SECTION A – CONTRACT FORM 1

SECTION B PRICE SCHEDULE

SECTION C – CONTRACT CLAUSES

SECTION D - DOCUMENTS, EXHIBITS OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS AND INSTRUCTIONS TO

OFFERORS

SECTION B PRICE SCHEDULE

B.1 Price Recap Sheet

Totals For Clin Pricing From Standard Form (SF) 1449 And Optional Form (OF)

Base Period Total (CLINs 0001 to 0005) $___________________________

Option Period 1 Total (CLINs 1001 to 1004) $___________________________

Option Period 2 Total (CLINs 2001 to 2004) $___________________________

Option Period 3 Total (CLINs 3001 to 3004) $___________________________

Option Period 4 Total (CLINs 4001 to 4004) $___________________________

Grand Total $____________________________

B.2 PERIOD OF PERFORMANCE (POP). Service dates are as follows:

Phase In 20 days before Base Period Begins Base Period February 1, 2026 – December 31, 2026 Option Period 1 January 1, 2027 – December 31, 2027 Option Period 2 January 1, 2028 – December 31, 2028 Option Period 3 January 1, 2029 – December 31, 2029 Option Period 4 January 1, 2030 – December 31, 2030

SECTION C – CONTRACT CLAUSES

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Components shall not consider or use these representations.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services. Additional examples include 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services, and 52.213-4, Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

C.1 52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): http://www.acquisition.gov

52.202-1 Definitions. (JUN 2020) 52.203-3 Gratuities. (APR 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN

2020) 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC

2014) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025)

52.209-10 Prohibitions on Contracting with Inverted Domestic Corporations (NOV 2015)

52.219-14 Limitations on Subcontracting (OCT 2022) 52.222-1 Notice to the Government of Labor Disputes. (FEB 1997) 52.223-5 Pollution Prevention and Right to Know Information (MAY 2024) 52.223-23 Sustainable Products and Services (MAY 2024) 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (JUN

2020)

52.232-17 Interest (MAY 2014) 52.232-18 Availability of Funds. (APR 1984) 52.232-23 Assignment of Claims. (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR

2023) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR

1984) 52.242-13 Bankruptcy. (JUL 1995) 52.242-15 Stop-Work Order (AUG 1989) 52.244-2 Subcontracts (JUN 2020) 52.245-1 Government Property. (SEP 2021) 52.245-9 Use and Charges. (APR 2012) 52.246-4 Inspection of Services – Fixed Price (AUG 1996) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work

(DEC 2003)

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003) 3052.242-72 Contracting Officer’s Representative (DEC 2023)

C.2 52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of Chief, Glynco Operations Branch and shall not be binding until so approved.

(End of clause)

C.3 52.212-4 Contract Terms and Conditions – Commercial Items. (NOV 2023)

(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 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.

(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.

ADDENDUM to 52.212-4 (g) (1)Invoices:

(1) The Contractor shall submit an invoice 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 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 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 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_212_5 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7109&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7109&num=0&edition=prelim https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 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 https://www.acquisition.gov/far/part-32#FAR_32_608_2 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; 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.

(9) The specification.

(t) [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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section431&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter37&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter37&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter87&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40118&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter21&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim 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)

C.4 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025)

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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

115-232).

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

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

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

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_233_3

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

_X_ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders— Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

https://www.acquisition.gov/far/part-52#FAR_52_233_4 https://www.acquisition.gov/far/part-52#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_203_13 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390

__ (ii) Alternate I (DEC 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

_X_ (18) (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.

__ (19)

(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.

__ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 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.

https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9

__ (v) Alternate IV (JAN 2025) of 52.219-9.

__ (22)

(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.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service- Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

__ (26)

(i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women- Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O. 13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (34) https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 https://www.acquisition.gov/far/part-52#FAR_52_219_16 https://www.acquisition.gov/far/part-52#FAR_52_219_27 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 https://www.acquisition.gov/far/part-52#FAR_52_219_30 https://www.acquisition.gov/far/part-52#FAR_52_219_32…