Attachment 2 - RFQ Terms and Conditions 52.212-5.pdf

This document is a Federal Acquisition Regulation (FAR) clause template prescribing contract terms and conditions required to implement federal statutes and executive orders for commercial products and commercial services acquisitions.

The clause mandates contractor compliance with multiple FAR clauses organized into four categories. Paragraph (a) requires incorporation of seven clauses applicable to all commercial product and service acquisitions, including prohibitions on internal confidentiality agreements, Kaspersky Lab contracting, certain telecommunications and video surveillance services, inverted domestic corporations, and requirements for accelerated payments to small business subcontractors, protest procedures, and applicable law for breach of contract claims. Paragraph (b) lists additional clauses the Contracting Officer may incorporate by reference to implement statutory or executive order provisions, with checkboxes for selection. These include restrictions on subcontractor sales to government, contractor code of ethics, whistleblower protections, executive compensation reporting, service contract reporting requirements, ByteDance application prohibitions, federal supply chain security act orders, small business utilization and set-aside requirements, labor standards, equal opportunity provisions, employment eligibility verification, sustainable products and services, privacy training, buy American provisions, trade agreements, foreign purchase restrictions, vessel preferences, and trafficking in persons compliance. Paragraph (c) applies labor-related FAR clauses to commercial service acquisitions only when indicated by the Contracting Officer. Paragraph (d) establishes Comptroller General examination rights for contracts exceeding the simplified acquisition threshold awarded through means other than sealed bid. Paragraph (e) specifies that subcontractors for commercial products and commercial services flow down only designated FAR clauses unless required by their specific terms, with detailed lists of mandatory and optional flow-down requirements. Two alternates provide modifications for different contract award scenarios.