Attachment 2 - Open Market FAR Provisions and Clauses.pdf

Attachment 2 – Open Market FAR Provisions and Clauses

2126406B4200RR005- Quantar 25Watt Base Station

The terms and conditions of the parent contract will flow down to the order made in response to this request with the understanding that the award, supplemental FAR information included as an attachment, and Federal Regulation take precedent in the event of a contradiction.

The full text of any provision, clause, or deviation may be accessed electronically at this address: FAR

Overhaul - Part 52 | Acquisition.GOV

DHS Deviations may be applicable to any/all clauses, please verify at: FAR Overhaul - FAR Part

Deviation Guidance | Acquisition.GOV

To locate a deviation, navigate to the specific FAR Part in question and review the corresponding

Department of Homeland Security (DHS) deviation section for that Part, where all active deviations are identified and maintained.

FAR CLAUSES:

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

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 any time prior to the contract expiration.

(End of Clause)

52.222-90 Addressing DEI Discrimination by Federal Contractors.

As prescribed in 22.2203, insert the following clause:

Addressing DEI Discrimination by Federal Contractors (APR 2026)

(DEVIATION 26-10, Revision 2) (effective April 27, 2026)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/far/17.208#FAR_17_208

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the

Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the

Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

FAR Deviations:

The DHS FAR Class Deviations below have been identified and will flow down to the resultant order.

Number Deviation Reference P/C

52.204-7

System for November Award Management (AUG 2025) (DEVIATION

25-19), (effective 28, 2025) P

52.212-1

Instructions to Offerors—Commercial Products and Commercial Services

(Aug 2025) (DEVIATION 25-21) (effective November 28, 2025) P

52.212-2

Evaluation—Commercial Products and Commercial Services (Aug 2025)

(DEVIATION 25-21) (effective November 28, 2025) P

52.219-1

Small Business Program Representations (OCT 2025) (DEVIATION 26-

03) P

52.222-48 Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-

Certification

P

52.240-90

Security Prohibitions and Exclusions Representations and Certifications

(AUG 2025) (DEVIATION 25-23) (effective November 28, 2025) P

52.204-13

System for Award Management Maintenance. (AUG 2025) (DEVIATION

25-19), (effective November 28, 2025) C

52.204-19

Incorporation by Reference of Representations and Certifications (DEC

2014) (effective November 28, 2025) C

52.212-4

Contract Terms and Conditions—Commercial Products and Commercial

Services (Aug 2025) (DEVIATION 25-21) (effective November 28, 2025) C

52.222-3 CONVICT LABOR (JUNE 2003) C

52.222-19

CHILD LABOR-COOPERATION WITH AUTHORITIES AND

REMEDIES (OCT 2025) (DEVIATION 26-10) (EFFECTIVE

NOVEMBER 28, 2025)

C

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) C

52.233-3

Protest after Award (AUG 2025) (DEVIATION 25-25) (effective

November 28, 2025) C

52.233-4

Applicable Law for Breach of Contract Claim (AUG 2025) (DEVIATION

25-25), (effective November 28, 2025) C

52.240-91

Security Prohibitions and Exclusions (AUG 2025) (DEVIATION 25-23)

(effective November 28, 2025) C

FAR Class Deviation 25-01 applies to all solicitations and contracts to implement Executive Order

(E.O.) 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, and E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal

Government. This class deviation supersedes Acquisition Alert 25-06, Revoked: E.O. 11246, Equal

Opportunity Employment.

The following provisions and clauses SHALL NOT be included:

• 52.222-9, Apprentices and Trainees

• 52.222-21, Prohibition of Segregated Facilities

• 52.222-22, Previous Contracts and Compliance Reports

• 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

• 52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation

• 52.222-25, Affirmative Action Compliance

• 52.222-26, Equal Opportunity

• 52.222-27, Affirmative Action Compliance Requirements for Construction

• 52.222-29, Notification of Visa Denial

The following provisions and clauses SHALL be included, if applicable:

• 52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

• 52.222-6, Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025)

• 52.222-11, Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025)

• 52.222-12, Contract Termination—Debarment (MAY 2014) (DEVIATION FEB 2025)

• 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025)

(DEVIATION FEB 2025)

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency https://www.acquisition.gov/far/2.101 solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-

3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Additional examples include 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services, and 52.213-4, Terms and

Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and

Commercial Services;

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

Required To Implement Statutes or Executive Orders—Commercial Products and Commercial

Services;

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

Required To Implement Statutes or Executive Orders—Commercial Products and Commercial

Services; and

• Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions—Simplified Acquisitions

(Other Than Commercial Products and Commercial Services).

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

FAR Class Deviation 25-02 waives the FAR requirement to use project labor agreements for large-scale construction projects.

FAR Class Deviation 25-03 addresses contracting officer actions to implement E.O. 14148 Initial

Rescissions of Harmful Executive Orders and Action and E.O.14208 Ending Procurement and Forced Use of Paper Straws.

The following provisions and clauses SHALL NOT be included:

● 52.204-8 Annual Representations and Certifications (JAN 2025)

● 52.223-1 Biobased Product Certification (MAY 2024)

● 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)

● 52.223-10 Waste Reduction Program (MAY 2024)

● 52.223-19, Compliance with Environmental Management Systems (MAY 2011)

● 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation

(DEC 2016)

● 52.223-23, Sustainable Products and Services (MAY 2024)

The following provisions and clauses SHALL be included, if applicable:

● 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

● 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025)

● 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)

(DEVIATION FEB 2025)

● 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)

● 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025)

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—

Commercial Products and Commercial Services. Components shall not consider or use these representations.

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) and (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services;

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

Required To Implement Statutes or Executive Orders—Commercial Products and Commercial

Services. Additionally, per this deviation, 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 Conditions

Required To Implement Statutes or Executive Orders—Commercial Products and Commercial

Services; and

• Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions—Simplified Acquisitions

(Other Than Commercial Products and Commercial Services). Additionally, per this deviation, in paragraph (b)(1)(xvii), E.O. 14057 does not apply.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.