70Z08425QDL940011 - Solicitation - COMBO.pdf

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D13 Lodging accommodation reservations for reservists with US Coast Guard
Solicitation number
70Z08425QDL940011
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This is a Request for Quotation (RFQ) issued by the US Coast Guard's Operational Logistics Command for District 13 Berthing services for the Coast Guard Reserve Management Branch. The solicitation is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside with NAICS code 721110, seeking a firm fixed-price contract for temporary lodging accommodations for inactive duty training. The contract will cover a base year from 06/01/2025-05/31/2026 with four additional one-year option periods, each priced at $1.00, allowing for potential multi-year performance.

Interested vendors must submit their quotes via email to Contract Specialist Chris Columbres and Contracting Officer Jonny Ochoa by 9 May 2025 at 09:00 AM PDT. The solicitation includes multiple attachments such as a Schedule of Services, Statement of Work, Quality Assurance Surveillance Plan, and wage determinations for various locations in the Pacific Northwest, including Bellingham, Port Angeles, Seattle, Astoria, Ilwaco, Newport, North Bend, and Portland. Vendors must complete specific representations and certifications and comply with the detailed requirements outlined in the solicitation documents.

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Text version

1 May 2025

MEMORANDUM FOR ALL PROSPECTIVE OFFERORS

FROM: Regional Contrac ng West LOG-94

US Coast Guard Island, Building 54C Alameda, CA 94501

SUBJECT: Request for Quota on (RFQ), 70Z08425QDL940011, District 13 Berthing

1. The USCG Operational Logistics Command (LOGCOM), LOG-94 Regional Contracting West intends to establish a Firm Fixed Price contract for a District 13 Berthing for USCG Reserve Management Branch (DXR) as listed in paragraph 7.

2. General Information:

Notice Type: Combined Synopsis/Solicitation

Solicitation Number:

Title:

70Z08425QDL940011

District 13 Berthing

Posted Date: 1 May 2025

RFQ Response Date: 9 May 2025 09:00 AM PDT

Set Aside: SDVOSB Set-Aside

NAICS Code: 721110 – Hotels (except Casino Hotels) and Motels

Point of Contact: Mr. Christopher Columbres at christopher.u.columbres@uscg.mil Mr. Jonny Ochoa at jonny.a.ochoa@uscg.mil

3. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Additionally, the Government will utilize simplified procedures in accordance with FAR Part 13.

4. This combined synopsis/solicitation is being issued as a Request for Quotation (RFQ) with solicitation number 70Z08425QDL940011.

5. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05.

6. The North American Industry Classification System (NAICS) code for this solicitation 721110 – Hotels (except Casino Hotels) and Motels. The Small Business Size Standard is $40,000,000.

7. The contractor shall provide the requirement under a Firm Fixed Priced contract in accordance with

(IAW) a ached Statement of Work. The following table contains the descrip on of requirements for the

Contract Line Item Numbers (CLIN) items to be acquired and the date and place of the delivery/performance, acceptance, and FOB point.

Vendor Information Business Name:________________________________________________________________________ Address: _____________________________________________________________________________ CAGE Code: _________________________________________________________________________ SAM UEI: _________________________ SAM Registration Expiration Date: _____________________

Socioeconomic Status (Check all that apply):

( ) Small Business ( ) SDB ( ) HUBZone ( ) Woman-Owned SB ( ) SDVOSB ( ) 8(a) ( ) EDWOSB ( ) Other – Please State:

Point of Contact Name/Phone Number: _________________________________________________ Point of Contact Email: ______________________________________________________________

See A achment 1 for the Schedule of Services and Unit Prices for the offeror to fill out. The Contractor shall price the services all-inclusive in accordance with the schedule, taking into considera on any cost-of-living increases and infla on for each addi onal year. The Contractor shall not escalate labor rates that are covered under wage determina ons (exempt wages excluded) since, at each op on year renewal, any updated wage determina ons/amendments to collec ve bargaining agreement will be incorporated at which me the Contractor may request a wage adjustment in accordance with the

Service Contract Labor Standards clauses/provisions of this contract.

Base Year: 01 June 2025 through 31 May 2026

CLIN Schedule of Supplies/Services Quantity Unit Unit Price Total Amount

0001 D13 Temporary Lodging for Inactive Duty Training Base Year: 06/01/2025-05/31/2026 See Schedule of Service for pricing details and breakdown of locations

Dollars, U.S.

$1.00

Op on Year One: 01 June 2026 through 31 May 2027

1001 D13 Temporary Lodging for Inactive Duty Training Option Year 1: 06/01/2026-05/31/2027 See Schedule of Service for pricing details and breakdown of locations

Dollars, Op on Year Two: 01 June 2027 through 31 May 2028

2001 D13 Temporary Lodging for Inactive Duty Training Option Year 2: 06/01/2027-05/31/2028 See Schedule of Service for pricing details and

Dollars, breakdown of locations

Op on Year Three: 01 June 2028 through 31 May 2029

3001 D13 Temporary Lodging for Inactive Duty Training Option Year 3: 06/01/2028-05/31/2029 See Schedule of Service for pricing details and breakdown of locations

Dollars, Op on Year Four: 01 June 2029 through 31 May 2030

4001 D13 Temporary Lodging for Inactive Duty Training Option Year 4: 06/01/2029-05/31/2030 See Schedule of Service for pricing details and breakdown of locations

Dollars, TOTAL BASE YEAR AND FOUR OPTIONS YEARS AMOUNT $

8. The provision at FAR 52.212-1, Instruc ons to Offeror – Commercial Products and Commercial Services

(Sep 2023) and the addendum, applies to this acquisi on

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

Addendum to FAR 52.212-1, (b) Instructions to Offeror Commercial Items.

Offeror shall include a statement specifying the extent of agreement with the terms, conditions, and provisions included in the solicitation. Quotes shall also contain all other documentation specified herein. The government reserves the right to evaluate the quotes and award without interchanges.

Offerors are able to submit an Alternative Line Item structure than the format listed above (see FAR 52.204-22 for additional details that apply).

Provide a detailed description of service or specification of the proposed item(s). The information submitted must be sufficient for the Government to assess the technical capability of the proposed service or item(s) to fulfill the required effort. Quotes shall provide all other required documentation specified herein.

Offers received after the established response date/time will not be accepted. If you do not receive an email confirming receipt/acknowledgment of your quote, please contact the POCs above to ensure your quote was delivered.

Addendum to FAR 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows:

“The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.”

9. The provision at FAR 52.212-2, Evalua on - Commercial Products and Commercial Services. (Nov

2021), applies to this acquisi on.

FAR 52.212-2 EVALUATION - COMMERICAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical Capability -Technical capability of the item offered to meet the Government requirement in accordance with the Statement of Work. The vendor shall provide a detailed description and specification of the items included in the quote. The information submitted must be sufficient for the Government to assess the technical capability of these items to fulfill the same or similar end results as the solicited specifications.

(ii) Price - The quoted price will be determined by the total price provided in the pricing schedule.

Addendum to FAR 52.212-2(a), Evaluation - Commercial Products and Commercial Services.

The Government will begin its evaluations with the lowest priced proposal and proceed upward until an Acceptable Technical Capability rating reached. That quote will represent the best value to the Government and award shall be made to that Offeror without further consideration of any other offers.

All prices will be determined by multiplying the quantities by the proposed unit price for all CLIN to confirm the extended amount or the total amount. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s).

Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation but is not required to do so. Each response must meet the minimum requirements of the solicitation. Unless requested from the Contracting Officer, quote revisions received after the solicitation close date/time will not be accepted. Responses should contain your best terms and conditions.

10. The provision FAR 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services (May 2024) and Alternate I (Feb 2024), applies to this acquisition.

Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services (May 2024), Alternate I (Oct 2024), with their offer, or the offeror shall complete paragraph (b) of FAR 52.212-3, if the offeror has completed the annual representations and certifications electronically at http://www.sam.gov.

No ce:

“System updates may lag policy updates. The System for Award Management (SAM) may con nue to require en es to complete representa ons based on provisions that are not included in agency solicita ons. Examples include 52.222-25, Affirma ve Ac on Compliance, and paragraph (d) of 52.212-3, 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduc on Goals—Representa on, and

Offeror Representa ons and Cer fica ons—Commercial Products and Commercial Services, including paragraph (t). Addi onal examples include 52.212-5, Contract Terms and Condi ons Required To

Implement Statutes or Execu ve Orders—Commercial Products and Commercial Services, and 52.213-4, Terms and Condi ons—Simplified Acquisi ons (Other Than Commercial Products and Commercial

Services).

Contrac ng officers will not consider the following representa ons when making award decisions or enforcing requirements:

Paragraph (d) and (t) of 52.212-3, Offeror Representa ons and Cer fica ons—Commercial

Products and Commercial Services

Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Condi ons

Required To Implement Statutes or Execu ve Orders—Commercial Products and Commercial

Services. Addi onally, per this devia on, in paragraph (b)(46), E.O. 14057 does not apply;

Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Condi ons

Required To Implement Statutes or Execu ve Orders—Commercial Products and Commercial

Services

Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Condi ons—Simplified Acquisi ons

(Other Than Commercial Products and Commercial Services). Addi onally, per this devia on, in paragraph (b)(1)(xvii), E.O. 14057 does not apply.

En es are not required to update their en ty registra on to remove these representa ons in SAM.”

11. The clause FAR 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services. (Nov 2023), applies to this acquisition.

12. The clause 52.212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025), applies to this acquisition.

(a) The Contractor shall comply with the following Federal Acquisi on Regula on (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Execu ve orders applicable to acquisi ons of commercial products and commercial services:

(1) 52.203-19, Prohibi on on Requiring Certain Internal Confiden ality Agreements or Statements (Jan

2017) (sec on 743 of Division E, Title VII, of the Consolidated and Further Con nuing Appropria ons Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria ons acts (and as extended in con nuing resolu ons)).

(2) 52.204-23, Prohibi on on Contrac ng for Hardware, So ware, and Services Developed or Provided by Kaspersky Lab Covered En es (Dec 2023) (Sec on 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and Video Surveillance

Services or Equipment. (Nov 2021) (Sec on 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibi on on Contrac ng with Inverted Domes c Corpora ons (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 A er Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contrac ng

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu ve orders applicable to acquisi ons of commercial products and commercial services:

[Contrac ng Officer check as appropriate.]

_x (1) 52.203-6, Restric ons on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

__ (3) 52.203-15, Whistleblower Protec ons under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Sec on 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ (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).

_x_ (5) 52.204-10, Repor ng Execu ve Compensa on 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 Repor ng Requirements (Oct 2016) (Pub. L. 111-117, sec on 743 of

Div. C).

__ (8) 52.204-15, Service Contract Repor ng Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, sec on 743 of Div. C).

__ (9) 52.204-27, Prohibi on on a ByteDance Covered Applica on (Jun 2023) (Sec on 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisi on Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisi on Contracts, and Mul -Agency Contracts. (Dec 2023) ( Pub. L. 115–390, tle

II).

__ (11) (i) 52.204-30, Federal Acquisi on Supply Chain Security Act Orders—Prohibi on. (Dec

2023) ( Pub. L. 115–390, tle II).

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

__ (12) 52.209-6, Protec ng the Government’s Interest When Subcontrac ng with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

_x_(13) 52.209-9, Updates of Publicly Available Informa on Regarding Responsibility Ma ers (Oct

2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, No ce of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, No ce of Price Evalua on 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]

__ (18) (i) 52.219-6, No ce 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, No ce of Par al Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_x (20) 52.219-8, U liza on of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

_ (21) (i) 52.219-9, Small Business Subcontrac ng Plan (Sep 2023) (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 2023) of 52.219-9.

__ (22) (i) 52.219-13, No ce 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, Limita ons on Subcontrac ng (Oct 2022) (15 U.S.C. 657s).

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

__ (25) 52.219-27, No ce 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).

_x (26) (i) 52.219-28, Post Award Small Business Program Rerepresenta on (Feb 2024)

(15 U.S.C. 632(a)(2)).

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

__ (27) 52.219-29, No ce 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, No ce 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)).

_x (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-Coopera on with Authori es and Remedies (Feb 2024).

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

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

_x (36) (i) 52.222-36, Equal Opportunity for Workers with Disabili es (Jun 2020) ( 29 U.S.C. 793).

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

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

_x (38) 52.222-40, No fica on of Employee Rights Under the Na onal Labor Rela ons Act (Dec

2010) (E.O. 13496).

_x (39) (i) 52.222-50, Comba ng 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).

_x (40) 52.222-54, Employment Eligibility Verifica on (May 2022) (Execu ve Order 12989). (Not applicable to the acquisi on of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

_x (41) (i) 52.223-9, Es mate 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 acquisi on 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 acquisi on of commercially available off-the-shelf items.)

_x (42) 52.223-11, Ozone-Deple ng Substances and High Global Warming Poten al

Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

_x (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigera on Equipment and Air

Condi oners (May 2024) ( 42 U.S.C. 7671, et seq.).

_ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

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

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

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

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

_x (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sec ons 4501-

4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-

41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x (51) 52.225-13, Restric ons on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclama ons, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Func ons Outside the United States (Oct

2016) (Sec on 862, as amended, of the Na onal Defense Authoriza on Act for Fiscal Year 2008; 10 U.S.C.

Sub tle A, Part V, Subpart G Note).

__ (53) 52.226-4, No ce of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restric ons on Subcontrac ng Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O.

13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_x (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award

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

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.240-1, Prohibi on on Unmanned Aircra Systems Manufactured or Assembled by American

Security Drone Act-Covered Foreign En es (Nov 2024) (Sec ons 1821-1826, Pub. L. 118-31, 41 U.S.C.

3901 note prec.).

_x (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65) (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 Contrac ng Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu ve orders applicable to acquisi ons of commercial products and commercial services:

[Contrac ng Officer check as appropriate.]

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

_x (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

_x (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Mul ple Year and Op on Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemp on from Applica on of the Service Contract Labor Standards to Contracts for

Maintenance, Calibra on, or Repair of Certain Equipment-Requirements (May 2014)

(41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemp on from Applica on 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 Execu ve Order 14026 (Jan 2022).

_x (8) 52.222-62, Paid Sick Leave Under Execu ve Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promo ng Excess Food Dona on to Nonprofit Organiza ons (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examina on 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 acquisi on 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-Nego a on.

(1) The Comptroller General of the United States, or an authorized representa ve of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly per nent records involving transac ons related to this contract.

(2) The Contractor shall make available at its offices at all reasonable mes the records, materials, and other evidence for examina on, audit, or reproduc on, un l 3 years a er final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Reten on, of the other clauses of this contract. If this contract is completely or par ally terminated, the records rela ng to the work terminated shall be made available for 3 years a er any resul ng final termina on se lement.

Records rela ng to appeals under the disputes clause or to li ga on or the se lement of claims arising under or rela ng to this contract shall be made available un l such appeals, li ga on, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accoun ng procedures and prac ces, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibi on on Requiring Certain Internal Confiden ality Agreements or Statements (Jan

2017) (sec on 743 of Division E, Title VII, of the Consolidated and Further Con nuing Appropria ons Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria ons acts (and as extended in con nuing resolu ons)).

(iv) 52.204-23, Prohibi on on Contrac ng for Hardware, So ware, and Services Developed or Provided by Kaspersky Lab Covered En es (Dec 2023) (Sec on 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibi on on Contrac ng for Certain Telecommunica ons and Video Surveillance

Services or Equipment. (Nov 2021) (Sec on 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibi on on a ByteDance Covered Applica on (Jun 2023) (Sec on 102 of Division R of

Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisi on Supply Chain Security Act Orders—Prohibi on. (Dec 2023) ( Pub. L.

115–390, tle II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, U liza on of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontrac ng opportuni es. 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 er subcontracts that offer subcontrac ng opportuni es.

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabili es (Jun 2020) (29 U.S.C. 793).

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

(xiv) 52.222-40, No fica on of Employee Rights Under the Na onal Labor Rela ons Act (Dec 2010) (E.O.

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

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

(xvi)

(A) 52.222-50, Comba ng 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).

(xvii) 52.222-51, Exemp on from Applica on of the Service Contract Labor Standards to Contracts for

Maintenance, Calibra on, or Repair of Certain Equipment-Requirements (May 2014)

(41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemp on from Applica on of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verifica on (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Execu ve Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Execu ve Order 13706 (Jan 2022) (E.O. 13706).

(xxii)

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

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Func ons Outside the United States (Oct

2016) (Sec on 862, as amended, of the Na onal Defense Authoriza on Act for Fiscal Year 2008; 10 U.S.C.

Sub tle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promo ng Excess Food Dona on to Nonprofit Organiza ons (Jun 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibi on on Unmanned Aircra Systems Manufactured or Assembled by American

Security Drone Act-Covered Foreign En es (Nov 2024) (Sec ons 1821-1826, Pub. L. 118-31, 41 U.S.C.

3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-

64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of addi onal clauses necessary to sa sfy its contractual obliga ons.

(End of Clause)

13. CLAUSES/PROVISIONS BY FULL TEXT

FAR Clause 52.217-8 Op on to Extend Services (Nov 1999)

The Government may require con nued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The op on provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contrac ng Officer may exercise the op on by wri en no ce to the Contractor within 30 calendar days prior to expira on of contract.

FAR Clause 52.217-9 Op on to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by wri en no ce to the Contractor within 30 calendar days of the expira on of the contract; provided that the Government gives the

Contractor a preliminary wri en no ce of its intent to extend at least 60 days before the contract expires. The preliminary no ce does not commit the Government to an extension.

(b) If the Government exercises this op on, the extended contract shall be considered to include this op on clause.

(c) The total dura on of this contract, including the exercise of any op ons under this clause, shall not exceed 5 years.

FAR Clause 52.219-71 Sec on 8(a) Direct Awards (Devia on) (Nov 2005)

As prescribed in 19.811-3(f), insert the following clause:

Sec on 8(a) Direct Award (Devia on) (November 2005)

(a) This contract is issued as a direct award between the contrac ng ac vity and the 8(a) contractor pursuant to a Partnership Agreement between the Small Business Administra on (SBA) and the Department of Homeland Security (DHS). SBA retains responsibility for 8(a) cer fica on, 8(a) eligibility determina ons and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

[To be completed by Contrac ng Officer at me of award]

(b) The contrac ng ac vity is responsible for administering the contract and taking any ac on on behalf of the Government under the terms and condi ons of the contract. However, the contrac ng ac vity shall give advance no ce to the SBA before it issues a final no ce termina ng performance, either in whole or in part, under the contract. The contrac ng ac vity shall also coordinate with SBA prior to processing any nova on agreement. The contrac ng ac vity may assign contract administra on func ons to a contract administra on office.

(c) The contractor agrees:

(1) to no fy the Contrac ng Officer, simultaneously with its no fica on to SBA (as required by SBA's 8(a) regula ons), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termina on of the contract for convenience, unless SBA waives the requirement for termina on prior to the actual relinquishing of ownership or control.

(2) to adhere to the requirements of FAR 52.219-14, Limita ons on Subcontrac ng.

FAR 52.203-17 Contractor Employee Whistleblower Rights (Apr 2024) (DHS-USCG DEVIATION 14-01, Revision 1)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisi on Regula on (HSAR) 3.900

(DEVIATION) through 3.905 (DEVIATION).

(b) The Contractor shall inform its employees in wri ng, in the predominant language of the workforce, of employee whistleblower rights and protec ons under 10 U.S.C. 4701, as described in HSAR 3.900

(DEVIATION) through 3.905 (DEVIATION). (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

52.223-10 Waste Reduc on Program (MAY 2024) (DEVIATION FEB 2025)

As prescribed in 23.406(c), insert the following clause:

Waste Reduc on Program (May 2024) (DEVIATION FEB 2025)

(a) Defini ons. As used in this clause-

Recycling means the series of ac vi es, including collec on, separa on, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combus on.

Waste preven on means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste preven on also refers to the reuse of products or materials.

Waste reduc on means preven ng or decreasing the amount of waste being generated through waste preven on, recycling, or purchasing recycled and environmentally preferable products.

(b) The Contractor shall establish a program to promote cost-effec ve waste reduc on in all opera ons and facili es covered by this contract. The Contractor’s programs shall comply with applicable Federal, State, and local requirements, specifically including Sec on 6002 of the Resource Conserva on and

Recovery Act ( 42 U.S.C.6962, etseq.) and implemen ng regula ons (40 CFR Part 247).

(End of clause)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED

OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES

(DEVIATION 20-05) (JUL 2024)

(a) Defini ons. As used in this clause-

Kaspersky Lab covered ar cle means any hardware, so ware, or service that–

(1) Is developed or provided by a Kaspersky Lab covered en ty;

(2) Includes any hardware, so ware, or service developed or provided in whole or in part by a Kaspersky

Lab covered en ty; or

(3) Contains components using any hardware or so ware developed in whole or in part by a Kaspersky

Lab covered en ty.

Kaspersky Lab covered en ty means–

(1) Kaspersky Lab;

(2) Any successor en ty to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any en ty that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any en ty of which Kaspersky Lab has a majority ownership.

(b) Prohibi on. Sec on 1634 of Division A of the Na onal Defense Authoriza on Act for Fiscal Year 2018

(Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered ar cle. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered ar cle that the Government will use on or a er October 1, 2018; and

(2) Using any Kaspersky Lab covered ar cle on or a er October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Repor ng requirement.

(1) In the event the Contractor iden fies covered ar cle provided to the Government during contract performance, or the Contractor is no fied of such by a subcontractor at any er or by any other source, the Contractor shall report, in wri ng, via email, to the Contrac ng Officer, Contrac ng Officer's

Representa ve, and the Enterprise Security Opera ons Center (SOC) at NDAA Incidents@hq.dhs.gov, with required informa on in the body of the email. In the case of the Department of Defense, the

Contractor shall report to the website at h ps://dibnet.dod.mil. For indefinite delivery contracts, the

Contractor shall report to the Enterprise SOC, Contrac ng Officer for the indefinite delivery contract and the Contrac ng Officer(s) and Contrac ng Officer's Representa ve(s) for any affected order or, in the case of the Department of Defense, iden fy both the indefinite delivery contract and any affected orders in the report provided at h ps://dibnet.dod.mil.

(2) The Contractor shall report the following informa on pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such iden fica on or no fica on: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer

(OEM) number, manufacturer part number, or wholesaler number); item descrip on; and any readily available informa on about mi ga on ac ons undertaken or recommended.

(ii) Within 10 business days of submi ng the report pursuant to paragraph (c)(1) of this clause: any further available informa on about mi ga on ac ons undertaken or recommended. In addi on, the

Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered ar cle, any reasons that led to the use or submission of the Kaspersky Lab covered ar cle, and any addi onal efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered ar cles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisi on of commercial items.

FAR 52.204-25 Prohibi on on Contrac ng for Certain Telecommunica ons and Video Surveillance

Services or Equipment ((DEVIATION 20-05) (DEC 2020)

(a) Defini ons. As used in this clause-

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connec ng cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber op c, coaxial cable, Ethernet).

"Covered foreign country" means The People's Republic of China. "Covered telecommunica ons equipment or services" means-

(1) Telecommunica ons equipment produced by Huawei Technologies Company or ZTE Corpora on (or any subsidiary or affiliate of such en es);

(2) For the purpose of public safety, security of Government facili es, physical security surveillance of cri cal infrastructure, and other na onal security purposes, video surveillance and telecommunica ons equipment produced by Hytera Communica ons Corpora on, Hangzhou Hikvision Digital Technology

Company, or Dahua Technology Company (or any subsidiary or affiliate of such en es);

(3) Telecommunica ons or video surveillance services provided by such en es or using such equipment; or

(4) Telecommunica ons or video surveillance equipment or services produced or provided by an en ty that the Secretary of Defense, in consulta on with the Director of Na onal Intelligence or the Director of the Federal Bureau of Inves ga on, reasonably believes to be an en ty owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Cri cal technology" means-

(l) Defense ar cles or defense services included on the United States Muni ons List set forth in the

Interna onal Traffic in Arms Regula ons under subchapter M of chapter I of tle 22, Code of Federal

Regula ons;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administra on Regula ons under subchapter C of chapter VII of tle 15, Code of Federal Regula ons, and controlled-

(i) Pursuant to mul lateral regimes, including for reasons rela ng to na onal security, chemical and biological weapons prolifera on, nuclear nonprolifera on, or missile technology; or

(ii) For reasons rela ng to regional stability or surrep ous listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, so ware, and technology covered by part 810 of tle 10, Code of Federal Regula ons (rela ng to assistance to foreign atomic energy ac vi es);

(4) Nuclear facili es, equipment, and material covered by part 110 of tle 10, Code of Federal

Regula ons (rela ng to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of tle 7, Code of Federal Regula ons, part 121 of tle

9 of such Code, or part 73 of tle 42 of such Code; or

(6) Emerging and founda onal technologies controlled pursuant to sec on 1758 of the Export Control

Reform Act of2018 (50 U.S.C. 4817).

"Interconnec on arrangements" means arrangements governing the physical connec on of two or more networks to allow the use of another's network to hand off traffic where it is ul mately delivered (e.g., connec on of a customer of telephone provider A to a customer of telephone company B) or sharing data and other informa on resources.

"Reasonable inquiry" means an inquiry designed to uncover any informa on in the en ty's possession about the iden ty of the producer or provider of covered telecommunica ons equipment or services used by the en ty that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communica ons services (e.g., voice, video, data) received from a visited network when unable to connect to the facili es of the home network either because signal coverage is too weak or because traffic is too high.

"Substan al or essen al component" means any component necessary for the proper func on or performance of a piece of equipment, system, or service.

(b) Prohibi on.

(1) Sec on 889(a)(l)(A) of the John S. McCain Na onal Defense Authoriza on Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an execu ve agency on or a er August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunica ons equipment or services as a substan al or essen al component of any system, or as cri cal technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunica ons equipment or services as a substan al or essen al component of any system, or as cri cal technology as part of any system, unless an excep on at paragraph (c) of this clause applies or the covered telecommunica on equipment or services are covered by a waiver described in FAR 4.2104.

(2) Sec on 889(a)(l)(B) of the John S. McCain Na onal Defense Authoriza on Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an execu ve agency on or a er August 13, 2020, from entering into a contract, or extending or renewing a contract, with an en ty that uses any equipment, system, or service that uses covered telecommunica ons equipment or services as a substan al or essen al component of any system, or as cri cal technology as part of any system, unless an excep on at paragraph (c) of this clause applies or the covered telecommunica on equipment or services are covered by a waiver described in FAR 4.2104. This prohibi on applies to the use of covered telecommunica ons equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Excep ons. This clause does not prohibit contractors from providing-

(1) A service that connects to the facili es of a third-party, such as backhaul, roaming, or interconnec on arrangements; or

(2) Telecommunica ons equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Repor ng requirement.

(1) In the event the Contractor iden fies covered telecommunica ons equipment or services used as a substan al or essen al component of any system, or as cri cal technology as part of any system, during contract performance, or the Contractor is no fied of such by a subcontractor at any er or by any other source, the Contractor shall report the informa on in paragraph (d)(2) of this clause in wri ng via email to the Contrac ng Officer, Contrac ng Officer's Representa ve, and the Network Opera ons Security

Center (NOSC) at NDAA Incidents@hq.dhs.gov, with required informa on in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at h ps://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contrac ng Officer for the indefinite delivery contract and the Contrac ng Officer(s) and Contrac ng

Officer's Representa ve(s) for any affected order or, in the case of the Department of Defense, iden fy both the indefinite delivery contract and any affected orders in the report provided at h ps://dibnet.clod.mil.

(2) The Contractor shall report the following informa on pursuant to paragraph (d)(l) of this clause

(i) Within one business day from the date of such iden fica on or no fica on: the contract number; the order number(s), if applicable; supplier name; supplier unique en ty iden fier (if known); supplier

Commercial and Government En ty (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item descrip on; and any readily available informa on about mi ga on ac ons undertaken or recommended.

(ii) Within 10 business days of submi ng the informa on in paragraph (d)(2)(i) of this clause: any further available informa on about mi ga on ac ons undertaken or recommended. In addi on, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunica ons equipment or services, and any addi onal efforts that will be incorporated to prevent future use or submission of covered telecommunica ons equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisi on of commercial items.

FAR 52.252-6 - Authorized Devia ons in Clauses. (Nov 2020)

(a) The use in this solicita on or contract of any Federal Acquisi on Regula on (48 CFR Chapter 1) clause with an authorized devia on is indicated by the addi on of “(DEVIATION)” a er the date of the clause.

(b) The use in this solicita on or contract of any Department of Homeland Security Acquisi on

Regula on (HSAR) clause with an authorized devia on is indicated by the addi on of “(DEVIATION)” a er the name of the regula on.

HSAR Clause 3052.212.70 Contract Terms and Condi ons Applicable to DHS Acquisi on of Commercial

Items (Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisi on of commercial items or components. The provision or clause in effect based on the applicable regula on cited on the date the solicita on is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

None.

(b) Clauses.

_X__ 3052.204-71 Contractor Employee Access.

_X__ 3052.205-70 Adver sement, Publicizing Awards, and Releases.

_X__ 3052.215-70 Key Personnel or Facili es.

_X__ 3052.228-70 Insurance.

_X__ 3052.242-72 Contrac ng Officer’s Representa ve.

DHS Class HSAM Devia on, Limita on of Government’s Obliga on

The following clause provides for incremental funding and is a devia on to HSAM 3032.702(e). It is applicable during the event of a con nuing resolu on to fund government opera ons enacted by

Congress un l the regular appropria on is enacted. It would be applicable in this event during the base or any subsequent op on years. In addi on, wri en no ce will provided in specific contract modifica ons.

(a) Contract line item(s) listed below are incrementally funded or fully funded as shown in the below table. For these item(s), the sum of $ * of the total price is presently available for payment and allo ed to this contract. This funding table will be updated in each contract ac on that provides addi onal funds, if any. (Amounts below will be added by each incremental funding modifica on when issued)

CLIN CLIN Price

Currently Allo ed

Funding

Funds Required for

Complete Funding

(b) For item(s) iden fied in paragraph (a) as not fully funded, the contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of authorized termina on costs in the event of termina on of those item(s) for the Government's convenience, does not exceed the total amount currently allo ed to the items not fully funded under the contract. The contractor is not authorized to con nue work on those item(s) beyond that point. The total amount payable by the Government in the event of such termina on of those contract line item(s) iden fied in paragraph (a) above includes costs, profit, and es mated/nego ated termina on se lement costs for those item(s). The Government will not be obligated in any event to reimburse the contractor in excess of the amount allo ed to the line items of the contract regardless of anything to the contrary in any other clause, such as the clause en tled "Termina on for Convenience of the Government" or paragraph

(1) en tled "Termina on for the Government's Convenience" of the clause at FAR 52.212-4, "Commercial

Terms and Condi ons Commercial Items."

(c) Notwithstanding paragraph (i) of this requirement, the contractor will no fy the contrac ng officer in wri ng at least thirty, (or insert ninety or…

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