Attachment 3 - Additional Terms and Condit.pdf

PDF 3 MB Posted

Attached to
Bioreactor System for Recombinant Protein Production Federal contract opportunity
Solicitation number
75N95021P00208
Issued by
Department of Health and Human Services National Institutes of Health National Institute on Drug Abuse

About this file

This is a combined synopsis and solicitation for a benchtop bioreactor system for recombinant protein production. The National Institute of Neurological Disorders and Stroke requires the bioreactor system to facilitate increased production of recombinant protein for development of novel brain MRI contrast agents. Interested parties must submit quotes by May 7, 2021 referencing solicitation number 75N95021P00208 and including technical capability, delivery and warranty plans, and pricing. Award will be made to the responsible offeror with the most advantageous quote based on technical acceptability, delivery, warranty support, and price. The solicitation includes additional terms for commercial item contracts and certifications that must be completed and submitted with any quote.

The document provides details on the bioreactor system requirements, including salient characteristics in Attachment 1, delivery and warranty terms, additional contract terms in Attachment 2, and required certifications in Attachment 3 that must be submitted with any quote. Questions are due by May 6, 2021 and quotes are to be submitted electronically to the National Institute of Neurological Disorders and Stroke by the response date.

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Other files for this federal contract opportunity

Other files attached to Bioreactor System for Recombinant Protein Production, newest first.
File Type Posted
RFQ 75N95021P00208_Bioreactor System.pdf PDF
Attachment 2 -FAR 52.204-24 and 52.212-3 Certifications.pdf PDF
Attachment 1 - Purchase Description.pdf PDF
Attachment 4 - Invoice Instructions.pdf PDF

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Text version

52.

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(b) res inc U.S com this

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(e)

(f) by neg sov unu Co , , and Additional Terms and Conditions 212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

The Contractor shall only tender for acceptance those items that form to the requirements of this contract. The Government reserves the right to inspect or test supplies or services that have been tendered for acceptance. The Government may require air or replacement of nonconforming supplies or reperformance of nonconforming services at increase in contract price. If repair/replacement or reperformance will not correct the defects s not possible, the government may seek an equitable price reduction or adequate sideration for acceptance of nonconforming supplies or services. The Government must rcise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

. The Contractor or its assignee may assign its rights to receive payment due as a ult of performance of this contract to a bank, trust company, or other financing institution, luding any Federal lending agency in accordance with the Assignment of Claims Act (31 .C.3727). However, when a third party makes payment ( use of the Governmentwide mercial purchase card), the Contractor may not assign its rights to receive payment under contract.

. Changes in the terms and conditions of this contract may be made only by written eement of the parties.

. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the ties to this contract to reach agreement on any request for equitable adjustment, claim, appeal ction arising under or relating to this contract shall be a dispute to be resolved in accordance h the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The ntractor shall proceed diligently with performance of this contract, pending final resolution of dispute arising under the contract.

. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

. The Contractor shall be liable for default unless nonperformance is caused an occurrence beyond the reasonable control of the Contractor and without its fault or ligence such as, acts of God or the public enemy, acts of the Government in either its ereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, sually severe weather, and delays of common carriers. The Contractor shall notify the ntracting Officer in writing as soon as it is reasonably possible after the commencement of

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) . The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) . In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) . If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment ( duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) . Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) . The contract price includes all applicable Federal, State, and local taxes and duties.

(l) . The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) . The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) . Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

ITEMS (Jan 2021)

[Contracting officer check as appropriate.] https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136175 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136387 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144950 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144420 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147630 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1158632 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162802 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148123 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 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https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197699 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192898 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169608 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192524 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173773 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173393 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153230 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153252 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153445 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113650 https://www.acquisition.gov/sites/default/files/current/far/html/52_241_244.html#wp1128833 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173393 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160021 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1153423 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148260 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148274 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1155380 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162590 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163027 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1170084 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820

FAC 52.212-5 as of FAC 2021-03 (2/16/2021) Edited 2/19/2021

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Aug 2018)
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NIMH 21000924RFQ Attachment 3 FAR Clauses 52.212-4, 52.212-5, and Additional Terms..pdf
FAR 52.212-5 (Jan 2021) FILLABLE (002).pdf
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Aug 2018)
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52:
203-6 box: Off
203-6 link: 52.203-6
203-6 text: Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
203-15 box: Off
203-15 link: 52.203-15
203-15 text: Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
203-13 box: Off
203-13 link: 52.203-13
203-13 text: Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
204-10 box: Off
204-10 link: 52.204-10
204-10 text: Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
204-14 box: Off
204-14 text: Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
204-14 link: 52.204-14
204-15 box: Off
204-15 text: Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
204-15 link: 52.204-15
209-6 box: Off
209-6 text: Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).
209-9 box: Off
209-9 text: Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
219-3 text: Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).
219-3 link: 52.219-3
219-3 box: Off
219-3 Alt box: Off
219-3 Alt text: (ii) Alternate I (Mar 2020) of 52.219-3.
219-4 box: Yes
219-4 link: 52.219-4
219-4 text: (i), Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
219-4 Alt box: Off
219-4 Alt text: (ii) Alternate I (Mar 2020) of 52.219-4.
219-6 box: Off
219-6 link: 52.219-6
219-6 text: (i) Notice of Total Small Business Set-Aside (Nov 2020) of 52.219-6 (15 U.S.C. 644).
219-6 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-6.
219-6 Alt I box: Off
219-7 box: Off
219-7 link: 52.219-7
219-7 text: (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
219-9 Alt IV box: Off
219-9 Alt IV text: (v) Alternate IV (Jun 2018) of 52.219-9.
219-8 box: Off
219-8 text: Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
219-8 link: 52.219-8
219-13 box: Off
219-13 text: (i) Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
219-13 link: 52.219-13
219-14 box: Off
219-14 text: Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
219-14 link: 52.219-14
219-16 box: Off
219-16 text: Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
219-16 link: 52.219-16
219-27 box: Off
219-27 text: Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657 f).
219-27 link: 52.219-27
219-28 box: Yes
219-28 text: Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)). May require contractor completion.
219-28 link: 52.219-28
219-29 box: Off
219-29 text: Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
219-29 link: 52.219-29
219-30 box: Off
219-30 link: 52.219-30
219-30 text: Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).
222-26 link: 52.222-26
222-35 box: Off
222-35 text: (i) Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).
222-26 Alt I text: (ii) Alternate I (Feb 1999) of 52.222-26. If this is checked, some terms have been waived.
222-35 link: 52.222-35
222-35 Alt I text: (ii) Alternate I (July 2014) of 52.222-35. If this box is checked, some terms have been waived.
222-37 box: Off
222-37 link: 52.222-37
222-37 text: Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
222-36 box: Yes
222-36 link: 52.222-36
222-36 text: (i) Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
222-36 Alt I text: (ii) Alternate I (July 2014) of 52.222-36. If this box is checked, some terms have been waived.
222-40 box: Off
222-40 link: 52.222-40
222-40 text: Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
222-50 box: Yes
222-50 link: 52.222-50
222-50 text: (i) Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).
222-50 Alt I text: (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). Alt I requires CO completion.
222-54 box: Off
222-54 link: 52.222-54
222-54 text: Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
223-11 box: Off
223-11 link: 52.223-11
223-11 text: Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). Requires contractor completion.
223-12 box: Off
223-12 link: 52.223-12
223-12 text: Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
223-9 box: Off
223-9 link: 52.223-9
223-9 text: (i) 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.) Requires CO completion.
223-9 Alt I box: Off
223-9 Alt I text: (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.) Alt I requires contractor certification.
223-13 text: (i), Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
223-13 Alt I box: Off
223-13 Alt I text: (ii) Alternate I (Oct 2015) of 52.223-13.
223-13 box: Off
223-13 link: 52.223-13
223-14 box: Off
223-14 link: 52.223-14
223-14 text: (i) Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
223-14 Alt I box: Off
223-14 Alt I text: (ii) Alternate I (Jun 2014) of 52.223-14.
223-15 box: Off
223-15 text: Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
223-15 link: 52.223-15
223-18 box: Yes
223-18 link: 52.223-18
223-18 text: Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
223-20 box: Off
223-20 text: Aerosols (JUN 2016) (E.O. 13693).
223-20 link: 52.223-20
223-16 box: Off
223-16 link: 52.223-16
223-16 text: (i), Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
223-16 Alt I box: Off
223-16 Alt I text: (ii) Alternate I (Jun 2014) of 52.223-16.
224-3 box: Off
224-3 link: 52.224-3
224-3 text: (i), Privacy Training (JAN 2017) (5 U.S.C. 552a).
224-3 Alt I box: Off
224-3 Alt I text: (ii) Alternate I (JAN 2017) of 52.224-3.
223-21 box: Off
223-21 text: Foams (JUN 2016) (E.O. 13693).
223-21 link: 52.223-21
225-1 box: Yes
225-1 link: 52.225-1
225-1 text: Buy American—Supplies (Jan 2021) (41 U.S.C. chapter 83).
219-9 box: Off
219-9 link: 52.219-9
219-9 text: (i), Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
219-9 Alt II box: Off
219-9 Alt II text: (iii) Alternate II (Nov 2016) of 52.219-9.
219-9 Alt III box: Off
219-9 Alt III text: (iv) Alternate III (Jun 2020) of 52.219-9.
225-3 Alt II box: Off
225-3 Alt II text: (iii) Alternate II (Jan 2021) of 52.225-3.
225-3 Alt III box: Off
225-3 Alt III text: (iv) Alternate III (Jan 2021) of 52.225-3.
225-5 box: Off
225-5 link: 52.225-5
225-5 text: Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
225-13 box: Yes
225-13 link: 52.225-13
225-13 text: Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
225-26 box: Off
225-26 link: 52.225-26
225-26 text: 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. 2302 Note).
226-4 box: Off
226-4 link: 52.226-4
226-4 text: Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). Requires CO completion.
232:
29 box: Off
30 box: Off
33 box: Yes
34 box: Off
36 box: Off
232-29 link: 52.232-29
232-29 text: Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
232-30 link: 52.232-30
232-30 text: Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
232-33 link: 52.232-33
232-33 text: Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
232-34 link: 52.232-34
232-34 text: Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). Requires CO completition.
232-36 link: 52.232-36
232-36 text: Payment by Third Party (May 2014) (31 U.S.C. 3332).
239-1 box: Off
239-1 link: 52.239-1
239-1 text: Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
242-5 box: Off
242-5 link: 52.242-5
242-5 text: Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
225-3 box: Yes
225-3 Alt I box: Yes
225-3 link: 52.225-3
225-3 text: (i), Buy American—Free Trade Agreements—Israeli Trade Act (Jan 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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.
225-3 Alt I text: (ii) Alternate I (Jan 2021) of 52.225-3.
247-64 box: Off
247-64 link: 52.247-64
247-64 text: (i), Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
222-41 box: Off
222-41 link: 52.222-41
222-41 text: Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
222-42 box: Off
222-42 link: 52.222-42
222-42 text: Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). Requires CO completion.
222-43 box: Off
222-43 text: 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).
222-43 link: 52.222-43
222-44 box: Off
222-44 link: 52.222-44
222-44 text: Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
222-51 box: Off
222-51 link: 52.222-51
222-51 text: 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).
222-53 box: Off
222-53 link: 52.222-53
222-53 text: Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
222-55 link: 52.222-55
222-55 box: Off
222-55 text: Minimum Wages Under Executive Order 13658 (Nov 2020).
222-62 box: Off
222-62 link: 52.222-62
222-62 text: Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
226-6 box: Off
226-6 link: 52.226-6
226-6 text: Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
212-5(d) text: (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.

212-5(e) text: (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 items. 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 (Jun 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

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

(xi) 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.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

212-5 end of clause: (End of clause)
212-5 Alt I text: Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”
212-5 Alt II text: Alternate II. (Nov 2020) As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(E) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(F) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(G) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

(I) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(J) 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.

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

(L) ___(1) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

___(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(M) 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).

(N) 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).

(O) 52.222-54, Employment Eligibility Verification (Oct 2015) (Executive Order 12989).

(P) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(R)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

(S) 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. 2302 Note).

(T) 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.

(U) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64 .

247-64 Alt I box: Off
247-64 Alt I text: (ii) Alternate I (Apr 2003) of 52.247-64.
247-64 Alt III box: Off
247-64 Alt II text: (iii) Alternate II (FEB 2006) of 52.247-64.
212-5(c) text: (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 items:
222-50 Alt I box: Off
222-36 Alt I box: Off
209-6 link: 52.209-6
209-9 link: 52.209-9
222-26 text: (i) Equal Opportunity (Sept 2016) (E.O. 11246).
212-5(a): (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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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)).

212-5(b): (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 items:
222-3 box: Yes
222-19 box: Yes
222-21 box: Yes
222-3 link: 52.222-3
222-3 text: Convict Labor (June 2003) (E.O. 11755).
222-19 text: Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).
222-21 text: Prohibition of Segregated Facilities (Apr 2015).
219-9 Alt I box: Off
219-9 Alt I text: (ii) Alternate I (Nov 2016) of 52.219-9.
219-28 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-28.
219-28 Alt I box: Off
219-32 box: Off
219-32 link: 52.219-32
219-32 text: Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
219-33 box: Off
219-33 link: 52.219-33
219-33 text: Nonmanufacturer Rule (Mar 2020)(15 U.S.C. 637(a)(17)).
222-26 box: Yes
222-26 Alt I box: Off
222-35 Alt I box: Off
226-5 box: Off
226-5 text: Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
226-5 link: 52.226-5
229-12 box: Off
229-12 link: 52.229-12
229-12 text: Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)
212-5 Clause Fill-in:
219-7 Alt I box: Off
219-7 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-7.
219-13 Alt I box: Off
219-13 Alt I text: (ii) Alternate I (Mar 2020) of 52.219-13.
222-21 link: 52.222-21
222-19 link: 52.222-19
(1): (1)
(3): (3)
(2): (2)
(6): (6)
(7): (7)
(8): (8)
(5): (5)
[Reserved]: [Reserved].
(9): (9)
(11): (11)
(10): (10)
(13): (13)
(12): (12)
(14): (14)
(15): (15)
(16): (16)
(18): (18)
(19): (19)
(20): (20)
(21): (21)
(22): (22)
(23): (23)
(24): (24)
(17): (17)
Contracting Officer check as appropriate: [Contracting Officer check as appropriate.]
Svc (2): (1)
Svc (3): (2)
Svc (4): (3)
Svc (5): (4)
Svc (6): (5)
Svc (7): (6)
Svc (8): (7)
Svc (9): (8)
Svc (10): (9)
(4): (4)
(25): (25)
(26): (26)
(53): (53)
(52): (52)
(51): (51)
(50): (50)
(49): (49)
(48): (48)
(47): (47)
(46): (46)
(45): (45)
(44): (44)
(43): (43)
(42): (42)
(40): (40)
(41): (41)
(39): (39)
(38): (38)
(37): (37)
(36): (36)
(35): (35)
(34): (34)
(33): (33)
(32): (32)
(31): (31)
(30): (30)
(29): (29)
(28): (28)
(27): (27)
(54): (54)
(55): (55)
(56): (57)
(57): (58)
(58): (59)
(59): (59)
(60): (61)
(61): (61)
(62): (63)
(63): (63)

File details come from the government source that posted it. Updated .