Attachment 5b Model Agreement Schedule with clauses DRAFT.pdf

Supplies or Services and Prices

1.0. Basic Ordering Agreement Overview

1.1. This Basic Ordering Agreement (BOA) as defined in FAR 16.703, provides the terms and conditions for future orders under which the contractor is required to provide Bird Detection

Radar (BDR) or Bird/Drone Detection Radar (B/DDR) units and associated support services.

Under the terms and conditions of this Agreement, the Government may issue firm-fixed price type delivery or task orders calling for the supplies and services within the scope of Attachment

1 - Statement of Work.

1.2. Unless otherwise specified in individual task/delivery orders issued by Ordering Activities

(OAs), the terms and conditions of the BOA shall apply to each task/delivery order. The price of the Government’s requirements shall be set forth in individual orders. For any clause within this

BOA requiring additional information, such information will be addressed in individual orders.

The applicability of specific clauses may vary depending on the characteristics of individual orders.

1.3. The ordering period for this BOA shall be five years from the date of issuance. The performance period for all orders placed under this BOA shall not exceed five (5) years from the end date of the ordering period.

1.3.1. The Agreement start date is: [To be added upon execution of the Agreement]

1.3.2 The Agreement end date is: [To be added upon execution of the Agreement]

1.4. A contracting officer of any authorized ordering activity specified herein may issue either of the two types of orders described below under this agreement:

1.4.1. PRICED ORDERS: Priced orders are orders for which the terms specifications, and price are agreed upon before issuance of the order. While there is no ceiling limit for this

BOA, if the nature of the activity and the Government estimate for that activity under an individual order falls within the limits of FAR Subpart 13.5, then the FAR Subpart 13.5 simplified acquisition procedures will be followed for that order. For any activity and order where the Government estimate is greater than those limits, FAR 16.703 will be followed for that order.

1.4.2. UNPRICED ORDERS: Unpriced orders are orders for which the terms, specifications, and price are not agreed upon before issuance of the order. In accordance with FAR

16.703(d)(3), the contracting officer shall neither make any final commitment or authorize the contractor to begin work on an order under a BOA until prices have been established, unless the order establishes a ceiling price limiting the Government’s obligation AND either the BOA provides adequate procedures for timely pricing of the order early in its performance period OR the need for the supplies or services is compelling and unusually urgent. In this case, the contracting officer shall proceed with pricing as soon as practical. In no event shall an entire order be priced retroactively. Failure to reach agreement on a price for any order issued before its price is established is a dispute under the disputes clause included in the BOA.

1.5. This Agreement is primarily used as a means of expediting procurement and is neither intended to restrict competition nor imply that the Government may place future orders for supplies or services.

1.6. This Agreement will be administered by the assigned Contracting Officer at 377

MSG/PKA. Individual orders issued under this agreement shall be administered by the OA.

1.7. Any reference to “contract” and “offeror” in the schedule, clauses and provisions of this

Agreement and its Attachments is construed to mean “Agreement” and “Contractor.”

Descriptions/Specifications/Work Statement

2.0 Scope

2.1. The objective of the SOW for this effort is to provide the Department of the Air Force

(DAF) with a streamlined acquisition solution for BDR or B/DDR units and support services.

The purchase of radar units and services under this SOW may occur as initial investments into detection radar technology; to recapitalize aging, inefficient BDRs currently maintained at DAF airfields; or to support sustainment of current radars on DAF installations.

2.2. Acquisition under this BOA is accomplished through a Delivery or Task Order made by

Ordering Activities (OAs). Each order could include:

Unit purchase of BDR or B/DDR with one-year equipment warranty and service support package, including radar site planning, delivery (Continental United States [CONUS] and/or Outside the Continental United States [OCONUS]), user training, and support service

Five-year full-service system support program (e.g., to include maintenance, data storage, data analysis, and training)

BDR upgrade to include sUAS detection capability

2.3. Refer to Attachment 1 – Statement of Work, dated XX XXX XX, for the full description of tasks.

Packaging and Marking

3.0 Packaging and Marking

3.1 Packaging and Marking shall be completed by the contractor as specified in each individual order by the Ordering Activity.

Inspection and Acceptance

4.0 Inspection and Acceptance

4.1. Inspection and Acceptance of supplies and services furnished hereunder shall be as indicated below:

INSPECT AT: Destination, as specified in each individual order

INSPECT BY: Government, as specified in each individual order

ACCEPT AT: Destination, as specified in each individual order

ACCEPT BY: Government, as specified in each individual order

Deliveries or Performance

5.0 Deliveries or performance

5.1. Place of delivery and performance will be specified in each individual order by the Ordering

Activity.

Contract Administration Data

6.0 Contract Administration Data

6.1. Contract Administration Data, to include funding information, invoicing instructions, etc., will be specified in each individual order by the Ordering Activity.

Special Contracting Requirements

7.0 Special BOA Requirements

7.1. Contract Types: Orders placed under this BOA will leverage Firm Fixed Price-type contracts.

7.2. Location of Performance/Delivery: Performance of work or delivery of supplies may be required by authorized users at any CONUS or OCONUS geographical location, as specified at the order level.

7.3. Ordering Procedures Overview: Each OA will process orders in accordance with the

FAR/DFARS/other regulatory procedures for the estimated dollar value and characteristics of its requirement.

7.3.1 Orders at or below the micro-purchase threshold are not anticipated; however, orders at or below this value (for services or supplies) may be placed directly with any BOA awardee by the OA.

7.3.2. For orders over the micro-purchase threshold and up to threshold provided at FAR

Subpart 13.5, the OA shall forward the requirement, or SOW and evaluation criteria to at least three (3) eligible BOA awardees.

7.3.3. For orders exceeding the threshold at FAR Subpart 13.5, an OA shall forward the requirement, or SOW and evaluation criteria, to all eligible BOA awardees, and procedures at

FAR 16.703 shall be followed.

7.3.4. All orders become a binding contract with the issuance of the order.

7.4. Ordering Procedures: All orders will be issued in accordance with the procedures outlined below.

7.4.1. The Requests for Quotation (RFQs) for delivery or task orders will, at a minimum, include the following information:

Date Issued

Response Due Date

Statement of Work

Labor Categories as applicable

Period of Performance

Place of Performance

Quantity Required

Instructions to Vendors/Contractors

Evaluation Criteria

Provisions/Clauses to be incorporated at order level

7.4.2. The Government reserves the right to conduct small business set-asides, at the discretion of the OA Contracting Officer. BOA holders will be notified at the order level whether or not there will be a small business set-aside.

7.4.3. All BOA holders are expected to participate in the competition of each order under that BOA, unless the order has been set-aside exclusively for small businesses. If a contractor is eligible for consideration and chooses not to participate, a “no quote” acknowledgement is required.

7.4.3. When a quote is requested, contractors should anticipate rapid quote submission times, usually within ten (10) business days of issuance of the order RFQ; however, the submission date will be specified within the RFQ.

7.4.5. Responses to RFQs will be evaluated in accordance with the evaluation criteria identified in the RFQ. The OA will evaluate all responses received and place the order with the BOA awardee that represents the best value to the Government. Factors such as technical capability, price, and past performance on prior BOA orders (quality of deliverables/services and timeliness) may be considered in determining award of individual orders. In the event the

OA determines that there exists insufficient sources within the small business set-aside to provide the Government with adequate options, the order RFQ will be made available to all

BOA awardees. OAs will require prospective contractors to identify potential conflicts of interest (COI) and address/resolve any concerns prior to order award. Should the OA contracting officer determine a COI cannot be sufficiently mitigated, the contractor with the

COI will be ineligible for the order award.

7.4.6. Orders will be awarded, administered, and closed out by the issuing OA.

7.5. Additional Terms and Conditions.

7.5.1. General: The terms and conditions in this BOA apply to all orders placed by OAs. In the event of an inconsistency between the provisions of the BOA and order, the provisions of this BOA will take precedence. The Government reserves the unilateral right to add and remove contractors (on-ramping and off-ramping) at the BOA level during the term and performance of the BOA. See on-ramping and off-ramping procedures in paragraphs 7.5.6 and 7.5.7.

7.5.2. Extent of Obligation: BOAs do not obligate funds. The Government is obligated only to the extent of authorized orders made under the BOAs.

7.5.3. Ordering Period: The ordering period for this BOA shall be five (5) years from the date of issuance. The performance period for all orders placed under this BOA shall not exceed five (5) years from the ending date of the ordering period.

7.5.4. BOA Cancellation: The Government may cancel this BOA at any time by notifying the contractor at least 30 days in advance. Ongoing orders continue in accordance with their own period of performance, even if the BOA is cancelled.

7.5.6. On-ramping: Over time, the total number of contractors may fluctuate due to various reasons, including industry consolidation, significant changes in the marketplace or advances in technology, general economic conditions, and the Government’s exercise of the off-ramp process. Recognizing this, the Government intends to periodically review the total number of contractors participating in the ordering process and determine whether it would be in the

Government’s best interest to initiate an open season to add new contractors to a BOA pool.

The Government may at any time add new contractors to the BOA holder pool through solicitations issued in accordance with applicable federal procurement law. However, existing BOA holders may not hold more than one BOA at a time.

7.5.7. Off-ramping: The Government reserves a unilateral right to discontinue offering an opportunity to compete for orders, i.e., to off-ramp non-performing or non-satisfactorily performing contractors. Contractors that are off-ramped will have no active orders under their BOA at the time of the off-ramping. Off-ramping may result from one of the following:

7.5.7.1. Contractor Debarment, Suspension, or Ineligibility as defined in FAR Subpart

9.4.

7.5.7.2. BOA is terminated for a reason defined in FAR 52.212-4(l) and (m).

7.5.7.3. Contractor establishes a pattern, i.e., two or more instances of less than satisfactory performance as that term is defined in FAR 42.1503.

7.5.7.4. No awarded orders for two (2) years

7.5.7.5. No quote five (5) times within 12 months (A “no quote acknowledgement” is mandatory if not quoting an order)

7.5.8. Authorized Ordering Activities: At a minimum, Contracting Officers from the

Department of the Air Force will be authorized to place orders under this BOA. As needs are identified, Contracting Officers across the Department of Defense (DoD) may place orders under this BOA if authorized by the BOA Administrative Contracting Officer at 377

MSG/PKA.

7.5.9. Invoicing and Payment: Details will be specified by the OA in each order.

7.5.10. Pricing and Price Discounts: Pricing will be requested and determined at the order level. The OA Contracting Officer will neither make any final commitment nor authorize the contractor to begin work on an order under the BOA until prices have been established or in accordance with the requirements at FAR 16.703(d)(3). Failure to reach agreement on price for any order issued before its price is established is a dispute under the Dispute clause included in the BOA.

7.5.11. Security: See paragraph 4 of the SOW for detailed security information.

7.5.12. Administrative Considerations: The BOA Contracting Officer is the only person authorized to make or approve any changes to the requirements or terms and conditions contained in this BOA. In the event the contractor makes any BOA changes at the direction of any person other than the BOA Contracting Officer, the change will be considered to have been made without authority and no adjustment will be allowed to cover any increase in cost incurred as a result thereof.

7.5.13. Confidentiality and Nondisclosure: All products produced for this BOA are the property of the U.S. Government and cannot be reproduced or retained by the contractor. All appropriate project documentation will be given to the Government during or at the conclusion of this BOA and/or order. The contractor shall not release any information without the written consent of the Contracting Officer.

Personnel working on any order, at the Government's request, may be required to sign formal nondisclosure and/or conflict of interest agreements to guarantee the protection and integrity of Government and/or contractor information and documents. The contractor shall not release, communicate or otherwise disseminate information to any other parties without the written consent of the Contracting Officer.

7.5.14. Protection of Information: The contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under this BOA and/or order.

In addition, the contractor shall protect all Government data, equipment, etc. by treating the information as sensitive.

Sensitive but unclassified information, data, and/or equipment will only be disclosed to authorized personnel as described at the order level. The contractor shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected.

When no longer required, this information, data, and/or equipment shall be returned to

Government control; destroyed; or held until otherwise directed by the Contracting Officer.

Items returned to the Government shall be hand carried or mailed to the Contracting Officer or other designee. The contractor shall destroy unneeded items by burning, shredding or any other method that precludes the reconstruction of the material.

Provisions and Clauses

8.0 BOA-Specific Clauses

8.1 The following clauses are hereby incorporated in to the subject Basic Ordering Agreement and may be modified only by the BOA Administering Contracting Officer.

The following clauses are incorporated by reference:

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial

Services (NOV 2021)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP

2011)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting (DEC 2019)

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

(MAY 2016)

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services (JAN 2021)

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (MAR 2022)

DFARS 252.225-7001 Buy American and Balance of Payments Program—Basic (Mar 2022)

DFARS 252.225-7012 Preference for Certain Domestic Commodities (MAR 2022)

DFARS 252.225-7048 Export-Controlled Items (JUN 2013)

DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft

Systems (MAY 2020) (DEVATION 2020-O0015)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

DFARS 252.244-7000 Subcontracts for Commercial Items (JUN 2021)

DFARS 252.246-7008 Sources of Electronic Parts (MAY 2018)

DFARS 252.247-7023 Transportation of Supplies by Sea—Basic (FEB 2019)

AFFARS 5352.201-9101 Ombudsman (Oct 2019)

AFFARS 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (OCT

2019)

The following clauses are incorporated in full text:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Products and Commercial Services (JAN 2022)

(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 and Other Covered Entities (Nov 2021) (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) 52.233-3, 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)).

(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. 2402).

__ (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15

U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)

( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14) (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.

__ (15) (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C.

637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (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.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Sep 2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (

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

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

__ (24) 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 (Sep

2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (

15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

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

__ (32) (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.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_X_ (35) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (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.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42

U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (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) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)

( 41 U.S.C.chapter83, 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.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__ (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42

U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 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. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

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

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.

637(d)(13)).

__ (63) (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.]

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

__ (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).

__ (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).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (Jan 2022).

__ (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).

(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) 52.203-19, 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(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 (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(May2014) ( 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 (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 (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)

FAR 52.252-6 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 Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

9.0 Future Order Clauses

9.1 The following section is included IAW FAR 16.703(a). The following provisions and clauses shall be used by OAs for orders valued at the Micro-Purchase Threshold up to Simplified

Acquisition Threshold (SAT), as applicable. OA Contracting Officers have discretion to add or remove provisions and clauses based on the characteristics of their order.

PROVISIONS

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (SEP 2007) Do not separately list in solicitation if using FAR 52.204-7 (per FAR

4.1202).

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-17 Ownership or Control of Offeror (AUG 2020) Do not separately list in solicitation if using FAR 52.204-7 (per FAR 4.1202).

FAR 52.204-20 Predecessor of Offeror (AUG 2020) Do not separately list in solicitation if using

FAR 52.204-7 (per FAR 4.1202).

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021)

FAR 52.204-26 Covered Telecommunications Equipment or Services—Representation (OCT

2020) Do not separately list in solicitation if using FAR 52.204-7 (per FAR 4.1202).

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (NOV

2021)

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021) When the use of evaluation factors is appropriate.

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services (NOV 2021), with Alternate I (NOV 2021)

FAR 52.217-5 Evaluation of Options (JUL 1990) When the conditions at FAR 17.208(c) are met.

FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) When a contract is contemplated that will include the clause at 52.222-26, Equal Opportunity. Do not separately list in solicitation if using FAR 52.204-7 (per FAR 4.1202)

FAR 52.222-25 Affirmative Action Compliance (APR 1984) When a contract is contemplated that will include the clause at 52.222-26, Equal Opportunity. Do not separately list in solicitation if using FAR 52.204-7 (per FAR 4.1202)

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

Representation (DEC 2016) When 52.204-7, System for Award Management, is included in the solicitation. Do not separately list in solicitation if using FAR 52.204-7 (per FAR 4.1202).

FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (JUN 2020)

FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV

DFARS 252.204-7008 Compliance with Safeguarding Defense Information Controls (OCT

2016)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—

Representation (DEC 2019) Requires the provision to be listed in commercial solicitations per

DFARS 212.301(f), despite instructions to "not include separately" at DFARS 204.1202(2).

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation (MAY 2021)

DFARS 252.204-7019 Notice of NISTP SP 800-171 DoD Assessment Requirements (MAR

2022)

DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (SEP 2021) Do not separately list in solicitation if using FAR

52.204-7 (per FAR 4.1202).

DFARS 252.225-7974 Representation Regarding Persons that have Business Operations with the

Maduro Regime (DEVIATION 2020-O0005) (FEB 2020)

CLAUSES

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

When solicitation/contract is expected to exceed $150,000.

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) Clause contained within

FAR 52.212-5.

FAR 52.204-25 Prohibition of Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) Clause contained within FAR 52.212-5.

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) Contract value exceeds $35,000.

Clause contained within FAR 52.212-5.

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

Clause contained within FAR 52.212-5.

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(NOV 2021)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Products and Commercial Service (JAN 2022)

FAR 52.217-8 Option to Extend Services (NOV 1999) When the inclusion of an option is appropriate.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) When the inclusion of an option is appropriate.

FAR 52.219-28 Post-Award Small Business Program Rerepresentation (SEP 2021) Clause contained within FAR 52.212-5.

FAR 52.222-3 Convict Labor (JUN 2003) Clause contained within FAR 52.212-5.

FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (JAN 2022) Clause contained within FAR 52.212-5.

FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) Clause contained within FAR

52.212-5.

FAR 52.222-26 Equal Opportunity (SEP 2016) Clause contained within FAR 52.212-5.

FAR 52.222-26 Equal Opportunity--Alternate I (FEB 1999) Clause contained within FAR

FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) Clause contained within FAR

FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) Clause contained within FAR

FAR 52.222-50 Combating Trafficking in Persons--Alternate I (MAR 2015) Clause contained within FAR 52.212-5.

FAR 52.222-54 Employment Eligibility Verification (NOV 2021) Clause contained within FAR

FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbon (JUN 2016) Clause contained within FAR 52.212-5.

FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) Clause contained within FAR 52.212-5.

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) Clause contained within FAR 52.212-5.

FAR 52.223-20 Aerosols (JUN 2016) Clause contained within FAR 52.212-5.

FAR 52.225-1 Buy American Act--Supplies (NOV 2021) Clause contained within FAR 52.212-

5.

FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) Clause contained within

FAR 52.212-5.

FAR 52.229-12 Tax on Certain Foreign Procurements (FEB 2021)

FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT

2018) Clause contained within FAR 52.212-5.

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.233-3 Protest after Award (AUG 1996) Clause contained within FAR 52.212-5

FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) Clause contained within FAR 52.212-5

DFARS 252.203-7003 Agency Office of the Inspector General (AUG 2019)

DFARS 252.204-7003 Control of Government Work Product (APR 1992)

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

(DEC 2019)

DFARS 252.204-7022 Expediting Contract Closeout (MAY 2021)

DFARS 252.211-7003 Item Unique Identification and Valuation (MAR 2022)

DFARS 252.211-7008 Use of Government-Assigned Serial Numbers (SEP 2010)

DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate—Alternate I

(NOV 2014)

DFARS 252.225-7001 Buy American and Balance of Payments Program—Basic (MAR 2022)

DFARS 252.225-7031 Secondary Arab Boycott of Israel (JUN 2005) If the solicitation includes the provision at FAR 52.204-7, do not separately list 252.225-7031 in the solicitation.

DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft

Systems. (DEVIATION 2020-O0015) (MAY 2020)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC

2018)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on

Fees and Consideration (APR 2020)

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN

2013)

DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991)

DFARS 252.244-7000 Subcontracts for Commercial Items (JAN 2021)

AFFARS 5352.201-9101 Ombudsman (OCT 2019)

AFFARS 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS)

(OCT 2019)

AFFARS 5352.223-9001 Health and Safety on Government Installations (OCT 2019)

9.2 The following section is included IAW FAR 16.703(a). The following provisions and clauses shall be used by OAs for orders valued at the Simplified Acquisition Threshold (SAT) up to the dollar value limitation at FAR Subpart 13.5, as applicable. OA Contracting Officers have discretion to add or remove provisions and clauses based on the characteristics of their order.

PROVISIONS

FAR 52.204-7 System for Award Management (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021)

FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018) When the resultant contract value is expected to exceed $600,000.

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (NOV

2021)

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021) When the use of evaluation factors is appropriate

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services (NOV 2021), with Alternate I (NOV 2021)

FAR 52.217-5 Evaluation of Options (JUL 1990) When the conditions at FAR 17.208(c) are met

FAR 52.217-8 Option to Extend Services (NOV 1999) When the inclusion of an option is appropriate

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) When the inclusion of an option is appropriate and when the conditions at FAR 17.208(g) are met

FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (JUN 2020)

FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

(NOV 2011)

DFARS 252.204-7008 Compliance with Safeguarding Defense Information Controls (OCT

2016)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—

Representation (DEC 2019)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation (MAY 2021)

DFARS 252.204-7019 Notice of NISTP SP 800-171 DoD Assessment Requirements (MAR

2022)

DFARS 252.215-7008 Only One Offer (JUL 2019)

DFARS 252.225-7018 Photovoltaic Devices—Certificate (JAN 2022)

DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (SEP 2021)

DFARS 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime (DEVIATION 2020-O0005) (FEB 2020)

DFARS 252.247-7022 Representation of Extent of Transportation by Sea (JUN 2019)

CLAUSES

FAR 52.203-3 Gratuities (APR 1984)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) when solicitation/contract is expected to exceed $150,000.

FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial

Services (NOV 2021)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Products and Commercial Services (JAN 2022)

All clauses listed under FAR 52.212-5(a)

The following clauses listed under FAR 52.212-5(b):

o FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) o FAR 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) o FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards (JUN 2020) o FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) o FAR 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters (OCT 2018) o FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (SEP 2021) When the acquisition is conducted using full and open competition o FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) When the acquisition involves a total small business set-aside o FAR 52.219-8 Utilization of Small Business Concerns (OCT 2018) Unless performance will be entirely outside the United States and its outlying areas o FAR 52.219-9 Small Business Subcontracting Plan (NOV 2021) When the conditions at FAR 19.708 (b)(1) are met o FAR 52.219-16 Liquidated Damages - Subcontracting Plan (SEP 2021) When

FAR 52.219-9 is included o FAR 52.219-33 Non-Manufacturer Rule (SEP 2021) When the conditions at FAR

19.507(h) are met o FAR 52.222-3 Convict Labor (JUN 2003) When performance is in the United

States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands o FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) o FAR 52.222-26 Equal Opportunity (SEP 2016) o FAR 52.222-35 Equal Opportunity for Veterans (JUN 2020) Unless work is performed outside the United States by employees recruited outside the United

States o FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

Unless the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, and Wake Island o FAR 52.222-37 Employment Reports on Veterans (JUN 2020) When FAR

52.222-35 is included o FAR 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) If the conditions at FAR 22.1605 apply o FAR 52.222-50 Combatting Trafficking in Persons (Nov 2021) o FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2022) o FAR 52.223-20 Aerosols (JUN 2016) o FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) o FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award

Management (OCT 2018) o FAR 52.242-5 Payments to Small Business Subcontractors (JAN 2017)

The following clauses listed under FAR 52.212-5(c):

o FAR 52.222-41 Service Contract Labor Standards (AUG 2018) o FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) o FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor

Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

When options are included o FAR 52.222-22 Fair Labor Standards Act and Service Contract Labor

Standards—Price Adjustment (MAY 2014) When options are not included o FAR 52.222-55 Minimum Wages for Contractor Employees Under Executive

Order 14026 (JAN 2022) When work is performed in the United States o FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

When work is performed in the United States

FAR 52.219-14…