A21 - Solicitation - W912PM25QA019.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

Engineer Repair Yard Protective Welding Coveralls and Weekly Laundering Service

W912PM25QA019

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Protective Coveralls - Initial Setup for (3) Welders

(15) Pairs of front zippered coveralls per welder

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

45 Each

LAUNDERING SERVICES

- (1) Container shall be provided by the U.S. Army Corps of Engineers and placed in the Welding Shop, to store the contaminated coveralls for weekly servicing.

- Services shall consist of a weekly check, removal of all used coveralls, and replacement with an equal number of clean coveralls.

- Services shall be provided for up to (4) Welders.

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

52 Week

Option Line Item

OPTION - Replacement Coveralls (if needed). *THIS CLIN IS NOT

GUARANTEED. THIS CLIN MAY BE

EXERCISED IF NEEDED ANY TIME DURING

THE BASE PERIOD OF PERFORMANCE.

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

15 Each

Option Line Item

Option Year 1 - PROTECTIVE COVERALLS --- INITIAL SETUP for (1)

WELDER

(15) Pairs of Front Zippered Coveralls per Welder

*THIS CLIN IS

NOT GUARANTEED. THIS CLIN MAY BE

EXERCISED IF NEEDED ANY TIME DURING

THE PERIOD OF PERFORMANCE

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

15 Each

Option Line Item

Option Year 1 - LAUNDERING

SERVICES

- (1) Container shall be provided by the U.S. Army Corps of Engineers and placed in the Welding Shop, to store the contaminated coveralls for weekly servicing.

Services shall consist of a weekly check, removal of all used coveralls, and replacement with an

52 Week equal number of clean coveralls.

Services shall be provided for up to

(4) Welders.

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

Option Line Item

Option Year 1 - Option - Replacement Coveralls (if needed)

*THIS CLIN IS

NOT GUARANTEED. THIS CLIN MAY BE

EXERCISED IF NEEDED ANY TIME DURING

THE PERIOD OF PERFORMANCE

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

8 Each

Option Line Item

Option Year 2 - PROTECTIVE COVERALLS --- INITIAL SETUP for (1)

WELDER

(15) Pairs of Front Zippered Coveralls per Welder

*THIS CLIN IS

NOT GUARANTEED. THIS CLIN MAY BE

EXERCISED IF NEEDED ANY TIME DURING

THE PERIOD OF PERFORMANCE

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

15 Each

Option Line Item

Option Year 2 - LAUNDERING

SERVICES

- (1) Container shall be provided by the U.S. Army Corps of Engineers and placed in the Welding Shop, to store the contaminated coveralls for weekly servicing.

Services shall consist of a weekly check, removal of all used coveralls, and replacement with an equal number of clean coveralls.

Services shall be provided for up to

(4) Welders.

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

52 Week

Option Line Item

Option Year 2 - Option - Replacement Coveralls (if needed)

*THIS CLIN IS

NOT GUARANTEED. THIS CLIN MAY BE

EXERCISED IF NEEDED ANY TIME DURING

THE PERIOD OF PERFORMANCE

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

8 Each

Option Line Item

Option Year 3 - PROTECTIVE COVERALLS --- INITIAL SETUP for (1)

WELDER

(15) Pairs of Front Zippered Coveralls per Welder

*THIS CLIN IS

NOT GUARANTEED. THIS CLIN MAY BE

15 Each

EXERCISED IF NEEDED ANY TIME DURING

THE PERIOD OF PERFORMANCE

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

Option Line Item

Option Year 3 - LAUNDERING

SERVICES

- (1) Container shall be provided by the U.S. Army Corps of Engineers and placed in the Welding Shop, to store the contaminated coveralls for weekly servicing.

Services shall consist of a weekly check, removal of all used coveralls, and replacement with an equal number of clean coveralls.

Services shall be provided for up to

(4) Welders.

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

52 Week

Option Line Item

Option Year 3 - Option - Replacement Coveralls (if needed)

*THIS CLIN IS

NOT GUARANTEED. THIS CLIN MAY BE

EXERCISED IF NEEDED ANY TIME DURING

THE PERIOD OF PERFORMANCE

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

8 Each

Option Line Item

Option Year 4 - PROTECTIVE COVERALLS --- INITIAL SETUP for (1)

WELDER

(15) Pairs of Front Zippered Coveralls per Welder

*THIS CLIN IS

NOT GUARANTEED. THIS CLIN MAY BE

EXERCISED IF NEEDED ANY TIME DURING

THE PERIOD OF PERFORMANCE

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

15 Each

Option Line Item

Option Year 4 - LAUNDERING

SERVICES

- (1) Container shall be provided by the U.S. Army Corps of Engineers and placed in the Welding Shop, to store the contaminated coveralls for weekly servicing.

Services shall consist of a weekly check, removal of all used coveralls, and replacement with an equal number of clean coveralls.

Services shall be provided for up to

(4) Welders.

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

52 Week

Option Line Item

Option Year 4 - Option - Replacement Coveralls (if needed)

*THIS CLIN IS

NOT GUARANTEED. THIS CLIN MAY BE

EXERCISED IF NEEDED ANY TIME DURING

THE PERIOD OF PERFORMANCE

Product Service Code: W084 Pricing Arrangement: Firm Fixed Price

8 Each

Continuation of Description

Requirements Engineer Repair Yard Protective Welding Coveralls and Weekly Laundering Service

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers

Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road

Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: U.S. Army Corps of Engineers Wilmington District Engineer Repair Yard 232 Battleship Road Wilmington, NC 28401

DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Continuation of Deliveries or Performance

Delivery Period From 01 Sep 2025 to 31 Aug 2026

Line Item Delivery Schedule Quantity Address and POC

Delivery Period From 01 Sep 2025 to 31 Aug 2026

45 Each Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Delivery Period From 01 Sep 2025 to 31 Aug 2026

52 Week Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2025 to 31 Aug 2026

15 Each Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2026 to 31 Aug 2027

15 Each Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2026 to 31 Aug 2027

52 Week Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2026 to 31 Aug 2027

8 Each Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2027 to 31 Aug 2028

15 Each Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2027 to 31 Aug 2028

52 Week Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2027 to 31 Aug 2028

8 Each Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2028 to 31 Aug 2029

15 Each Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2028 to 31 Aug 2029

52 Week Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2028 to 31 Aug 2029

8 Each Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Delivery Period 15 Each Place of Performance

From 01 Sep 2029 to 31 Aug 2030 DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2029 to 31 Aug 2030

52 Week Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Option Line Item

Delivery Period From 01 Sep 2029 to 31 Aug 2030

8 Each Place of Performance DoDAAC: W912PM CountryCode: USA

W074 ENDIST WILMINGTON

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.246-7003 Notification of Potential Safety Issues. Jan 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7001 Buy American and Balance of Payments Program. Feb 2024

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 2023

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.

(DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025) Deviation 2025-O0004 (Mar 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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).

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

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

[Contracting Officer check as appropriate.]

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

4655).

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

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

[ ] (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, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (6) [Reserved].

[ ] (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).

[X] (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).

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

[X] (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).

[X] (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]

[ ] (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.

[ ] (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).

[X] (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) [Reserved]

[ ] (34) [Reserved]

[ ] (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 Disabilities (Jun 2020) (29 U.S.C. 793).

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

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

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (39)

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

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

[ ] (40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (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] (46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

[ ] (47)

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

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

[ ] (48)

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

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

[ ] (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (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 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (Jan 2025) 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, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X] (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).

[X] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

[ ] (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 Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

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

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

[ ] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118 (g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

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

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

(iii) 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)).

(iv) 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).

(v) 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).

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

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

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

(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (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, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)

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

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

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

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

(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).

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

(xxi) 52.222-62, Paid Sick Leave Under Executive 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 Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(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, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 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 additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Addendum to Contract Clauses

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.243-1 Changes-Fixed-Price. (Alternate I) Aug 1987 Alternate I Apr 1984 52.246-1 Contractor Inspection Requirements. Apr 1984 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.226-7 Drug-Free Workplace. May 2024 52.232-11 Extras. Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.233-1 Disputes. May 2014 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. May 2024 52.242-15 Stop-Work Order. Aug 1989 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.232-1 Payments. Apr 1984 52.232-8 Discounts for Prompt Payment. Feb 2002

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7048 Export-Controlled Items. Jun 2013

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

Sep 2014

252.243-7001 Pricing of Contract Modifications. Dec 1991

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2024-O0014)

Aug 2024 Deviation 2024-O0014 Aug 2024

252.201-7000 Contracting Officer's Representative. Dec 1991

FAR Clauses Incorporated by Full Text

52.217-8 Option to Extend Services. (Nov 1999)

Option to Extend Services (Nov 1999)

The Government may require continued 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 option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract completion OR exercise of a contractual option.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

Option to Extend the Term of the Contract (Mar 2000)

The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the (a) 30 days Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The preliminary notice does not commit the 60 days 60days unless a different number of days is inserted Government to an extension.

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

The total duration of this contract, including the exercise of any options under this clause, shall not exceed (c) 5 years and 6 months.

(End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data. (Feb 2021)

Hazardous Material Identification and Material Safety Data (Feb 2021)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

n/a________ ____________

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

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):

https://www.acquisition.gov/

(End of clause)

52.252-6 Authorized Deviations in Clauses. (Nov 2020)

Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any FAR and DFARS[insert regulation name] (48 CFR CH. 1 & 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.212-2 Evaluation-Commercial Products and Commercial Services. (Nov 2021)

Evaluation-Commercial Products and Commercial Services (Nov 2021)

(a) 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. Award will be made to the lowest price offeror that is technically acceptable. The following factors shall be used to evaluate offerors:

Technical Capability Price and Past Performance

ADJECTIVAL RATING DEFINITION

Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Quote does not clearly meet the minimum requirements of the solicitation.

TECHNICAL CRITERIA

A or U

The offeror is registered and has no active or inactive exclusions listed in their Entity Record on the System for Award Management (SAM).

Offerors are required to submit prior experience of recent and relevant contracts/projects at the time of quote.

Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required.

Contracts/Projects that are relevant are defined as those that are similar to the requirements of the Statement of Work (SOW) of uniform or coverall rentals and Laundering Services. Contracts/Projects that are recent are defined as those that have been completed within the last five (5) years.

A minimum of two (2) contracts/projects shall be provided to include: contract number, title of project, detailed description of work performed, and Point of Contact.

Please do not submit more than five (5) contracts/projects. In order for an offeror to be determined technically acceptable, the offeror must show previous experience with the type of work described in the SOW. Offerors must show previous experience on a minimum of two (2) contracts/projects.

Technical and past performance, when combined, are less important when compared to price.

(b) . The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic Options requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

DFARS Clauses Incorporated by Full Text

252.223-7001 Hazard Warning Labels. (Dec 1991)

HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard.

Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.") ACT N/A ____

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause.