Attachment B_Clauses Instructions and Evaluation Criteria.pdf

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Attached to
Computer-Based Testing for the Cryptographic Validation Program Federal contract opportunity
Solicitation number
1333ND25QNB770146
Issued by
Department of Commerce National Institute of Standards and Technology

About this file

This document is Attachment B for a Request for Quote (RFQ) for computer-based testing services for the Cryptographic Validation Program at the National Institute of Standards and Technology (NIST). The solicitation requires offerors to submit a comprehensive quote in three volumes: Technical Quote, Past Performance, and Price Quote. Key submission details include an electronic quote submission to Jennifer Lohmeier by 10AM ET on May 7, 2025, with quotes valid for 90 calendar days. Offerors must be active in the System for Award Management (SAM) and submit references for relevant work completed within the past three years.

The government will evaluate quotes using a best value, trade-off methodology with three factors: Technical (most important), Price (second most important), and Past Performance. The technical evaluation will assess the offeror's understanding of the project, technical approach to meeting requirements, and organizational experience. Specifically, the solicitation requires 85% of testing centers to be within 50 miles of NVLAP accredited laboratories in the US, Canada, Japan, Germany, Malaysia, Spain, France, and Taiwan. Quotes will be rated using adjectival ratings from Unacceptable to Outstanding, with a focus on the contractor's ability to provide computer-based testing services for accreditation laboratories.

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Attachment A_PWS 1333ND25QNB770146.pdf PDF
RFQ_Combined Synopsis Solicitation.pdf PDF

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Attachment B - Clauses, Instructions to Offerors, and Evaluation Criteria

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.

FAR 52.212-1 - Instructions to Offerors - Commercial Products and Commercial Services (SEP 2023), applies to this acquisition.

The Government reserves the right to reject any quote that does not comply with these quote preparation and submission instructions.

This RFQ does not commit the Government to pay any cost for the preparation and submission of a quote.

In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this acquisition.

I. Questions

Questions

CAR 1352.215-73 INQUIRIES (APR 2010):

Offerors must submit all questions concerning this solicitation in writing electronically to Billy Wong, at hingpan.wong@nist.gov. Questions must be received by or before April 29, 2025, at 2:00PM ET. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

II. General

The Contracting Officer will not conduct FAR Part 15-type discussions. The Government intends to make an award without discussions. However, the Contracting Officer may determine the need to request additional information or clarifications from certain offerors regarding their quotations. In doing so, the Contracting Officer might not necessarily inform offerors of problems with their quotations or areas where their quotations do not meet RFQ requirements. Nor shall the fact that the Contracting Officer has sought such additional information from one (or more) offerors obligate the Government to have similar communications or any communications whatsoever with any other offerors. Furthermore, the Contracting Officer might decide NOT to request additional information or clarifications of the offerors.

Therefore, an offeror’s quote, as submitted, must be complete and in compliance with the RFQ requirements.

This procurement is conducted under FAR Part 12 and 13 procedures.

The Government intends to make award as a result of this solicitation that will include the terms and conditions as set forth herein. To facilitate an award, quotes shall include a statement regarding the terms and conditions as set forth herein as follows:

a) The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.

OR

b) The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

https://www.acquisition.gov/browse/index/far mailto:hingpan.wong@nist.gov

Definitions:

1. Time: If stated as a number of days, the days are calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and Federal legal holidays. However, if the last day falls on a Saturday, Sunday, or Federal legal holiday, then the period shall include the next working day.

2. Options: A unilateral right in a contract by which, for a specified time, the Government may elect to purchase additional supplies or services called for by the contract or may elect to extend the term of the contract. All options will be specifically called out as such in the Performance Work Statement (PWS).

3. Quote expiration date: Quotes in response to this solicitation shall be valid for a minimum of 90 calendar days.

III. Electronic Submission

Quotes must be submitted and received via email to Jennifer Lohmeier at Jennifer.lohmeier@nist.gov by 10AM ET, May 7, 2025 in order to be considered. Failure to submit a complete quote prior to the solicitation closing date and time will render the quote late and unacceptable.

To be considered for award, the Offeror must be an “active” registrant in the U.S. System for Award Management (SAM) at time of solicitation close.

Offerors are responsible for confirming receipt of quotes. Confirmation request email shall be directed to: Jennifer Lohmeier, Contract Specialist: Jennifer.lohmeier@nist.gov

IV. Amendments to Solicitations

If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

V. Submission, Modification, Revision, and Withdrawal of Quotes

1. Quotes and revisions of quotes shall be submitted by email to Jennifer.lohmeier@nist.gov under the appropriate solicitation number.

2. Offerors shall submit quotes in response to this solicitation in English and in U.S. dollars.

3. Quotes may be withdrawn at any time before Contract award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

4. Offerors shall notify the Contracting Officer of the expiration of a special discount two weeks prior to the discount expiration.

VI. Quote Format

Offerors must comply with the detailed instructions for the format and content of the quote; quotes that do not comply with the detailed instructions for the format and content of the quote may be considered non-responsive and may render the offeror ineligible for award.

Offerors shall submit quotes in accordance with the following guidelines:

1. All filenames shall include the offeror’s company name and title/subject of content.

mailto:Jennifer.lohmeier@nist.gov

2. All documents requested herein shall be compatible with Microsoft Office formats or Adobe

PDF.

3. The quote shall be submitted in three (3) volumes as outlined below and clearly labeled. Each of these parts shall be separate and complete in itself so that the evaluation of one may be accomplished independently of the evaluation of the other:

Volume I: Technical Quote Volume II: Past Performance Volume III: Price Quote

• Volume I – Technical Quote. This volume must not contain references to price; however, resource information such as data concerning labor hours and categories, materials, subcontracts, etc., must be contained in the Technical quote so that your understanding of the Performance Work Statement (PWS) may be evaluated. It must disclose your approach in sufficient detail to provide a clear and concise presentation that includes the requirements of the quote instructions.

• Volume I – Instructions. Volume I shall be single spaced, maximum of 20 pages (does not include résumés, licenses, and certification), and shall be printable on 8.5 x 11-inch paper containing text no smaller than font size 12 – Times New Roman. Each page shall be numbered, and each volume shall have a cover page for each section to correspond to the table of contents. Offerors may include 11 x 17-inch foldouts only to display graphics, flow charts, organizational charts, or drawings. Fonts in graphics or charts may be 10 font.

• Volume II – Past Performance. This volume must contain information related to the offeror’s past performance on past contracts where the offeror was the prime contractor or subcontractor for relevant work completed within the past three (3) years as required by this solicitation. “Relevant” is defined as similar in size, scope, and complexity to this contract.

• Volume II – Instructions. Volume II shall be single spaced, maximum of 15 pages, and shall be printable on 8.5 x 11-inch paper containing text no smaller than font size 12 – Times New Roman. Each page shall be numbered, and each volume shall have a cover page for each section to correspond to the table of contents. Offerors may include 11 x 17-inch foldouts only to display graphics, flow charts, organizational charts, or drawings.

Fonts in graphics or charts may be 10 font.

• Volume III – Price Quote. In addition to pricing information, this volume must include a statement indicating whether any exceptions are taken to the terms and conditions of the RFQ as part of the transmittal letter. Any exceptions must include identification of the specific paragraphs and rationale for each exception. Exceptions shall also be noted in the quote at the location of the exception.

• Volume III – Instructions. Volume III shall be single spaced, maximum of 10 pages, and shall be printable on 8.5 x 11-inch paper containing text no smaller than font size 12 – Times New Roman. Each page shall be numbered, and each volume shall have a cover page for each section to correspond to the table of contents. Offerors may include 11 x 17-inch foldouts only to display graphics, flow charts, organizational charts, or drawings.

Fonts in graphics or charts may be 10 font.

Where data/information appears in one part, it does not have to be repeated in any other part. However, it shall be cross referenced by indicating the specific location including the volume and page number as a minimum. The clarity, relevance, and conciseness of the quote is important, not the length.

VII. Quote Content

In order to establish uniformity and to facilitate the evaluation, the quote must be organized in the following sections:

Volume I – Technical Quote

A. Technical Approach and Understanding the Initiative

The Offeror shall:

o Provide a statement of purpose, scope, and problems of the project in the Offeror’s own words to demonstrate his/her complete understanding of the intent and requirements.

o Fully describe the proposed technical approach to meet each of the requirements specified under the Statement of Work. The following items shall be covered:

A detailed description of the content of each task and subtask to be performed to achieve the project objectives in the Offeror’s own words.

A discussion of the process or methodology to be used for the individual task areas stated in the PWS. Specifically, the methodology used to secure testing centers worldwide and a list of the locations of the proposed testing centers, of which 85% shall be within 50 miles of NVLAP accredited laboratories currently located in the US, Canada, Japan, Germany, Malaysia, Spain, France, and Taiwan.

A statement of the extent to which the proposed technical approach may be expected to meet or exceed the requirements and specifications of the technical scope.

A discussion of anticipated major problem areas and solutions.

B. Organizational Experience

The Offeror shall:

• Specify how the corporate structure within which the project will operate and the general expertise necessary to accomplish each of the task areas for the accreditation laboratories as described within the PWS.

• Provide a statement of the mission/purpose, general background, experience, and qualification of the organizational entity offering to conduct the work described in the PWS.

• Include clear description of prior contracts that are relevant to the content and approaches of this project. Each description should indicate the contract type, and the contract title, organization and phone number of a person who could be contacted for information about the prior work.

Volume II – Past Performance

Offerors shall submit a total of three (3) past performance references for the technical quote where the Offeror was the prime contractor or subcontractor for relevant work completed within the past three (3) years as required by this solicitation. “Relevant” is defined as similar in size, scope, and complexity to this procurement.

In the case of an Offeror without a record of past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably. Therefore, the Offeror shall be determined to have a neutral past performance.

The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the government.

Volume III – Price Quote

1. The Offeror shall furnish a price breakdown to accomplish the PWS tasks including a total firm-fixed price associated to the tasks listed in the PWS. This includes a breakdown of the labor categories, proposed hours, rates and any discounts if applicable, other direct costs, indirect costs (if applicable), etc.

2. The Offeror shall provide a firm fixed price for the 12-month base period, plus one (1) 12-month option period.

3. Offerors are required to complete and certify FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) as part of their Cost/Price volume. If the Offeror does not comply with representations and certifications, the Offeror is non-responsive and may be removed from consideration for award per FAR 4.2103.

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021), applies to this acquisition.

VIII. Quote Evaluation

I. General

The Government will select the responsible offeror whose quote, in conforming to this RFQ, will be most advantageous to the Government, price and other factors considered.

Quote evaluation will be based on a best value, trade-off methodology.

Determining the best value of the solicitation includes the following factors:

Factor 1: Technical Factor 2: Past Performance Factor 3: Price

Each of the three factors will be evaluated on a stand-alone basis. Factor 1 will be evaluated using adjectival ratings. Factor 2 will be evaluated on a past performance relevancy and performance confidence basis. Factor 3 will be evaluated on a total price basis including all options and discounts.

Award Criteria:

Factor 1, Technical is more important than Factor 3 Price. Factor 3, Price is more important than Factor 2 Past Performance. Factor 1 Technical, and Factor 2 Past Performance, when combined are more important than Factor 3 Price.

Selection of Offeror(s):

1. Each quote will be evaluated in strict conformity with the Solicitation, utilizing adjectival ratings and written critiques.

2. The Government reserves the right to make an award without further discussion of quotes received.

Therefore, it is important that your quote be submitted initially on the most favorable terms from both the technical and cost standpoints.

3. The Government reserves the right to make a single award, multiple awards, or no award as a result of this solicitation. In addition, the solicitation may be amended if determined to be in the best interest of the Government. The Government reserves the right to make award without discussions.

II. Technical, Past Performance, and Price Factor Ratings

Evaluation Criteria Weights:

The evaluation will be based on the demonstrated capabilities of the prospective Offeror in relation to the needs of the project as set forth in the Solicitation.

Technical Quote Evaluation: The following criteria are those that will be applied in the evaluation of your technical quote. The quote will be evaluated using the following ratings.

Adjectival Ratings:

Adjectival Rating Description

Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses.

Risk of unsuccessful performance is very low.

Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths, which outweigh any weaknesses. Risk of unsuccessful performance is low.

Satisfactory

Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Marginal

Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses, which are not offset by strengths. Risk of unsuccessful performance is high.

Unacceptable Proposal does not meet requirements and contains one or more deficiencies.

Proposal is not awardable.

The Government will evaluate quotes on the responses to the requirements outlined in the Performance Work Statement and the following criteria:

Factor 1: Volume I – Technical Quote

A. Technical Approach and Understanding the Initiative

The Government will evaluate the Offeror’s:

a. Statement of purpose, scope, and challenges of the project (in the Offeror’s own words) that demonstrates his/her complete understanding of the intent and requirements of the contract.

b. Proposed technical approach to meet each of the requirements specified under the Statement of Work. The following items will be evaluated:

i. Description of the content of each task and subtask to be performed to achieve the project objectives,

ii. Proposed process or methodology to be used for each individual task area and ability to meet the requirement to provide computer-based testing services to testing centers near National Voluntary Laboratory Accreditation Program (NVLAP) accredited laboratories located around the world, and

iii. Proposed technical approach to meet or to exceed the requirements and specifications of the technical scope and anticipated major problem areas and solutions.

B. Organizational Experience

The Government will evaluate the Offeror’s:

a. Corporate structure within which the project will operate and the general expertise on the subject area of the project as well as, experience, and qualification of the organizational entity offering to conduct the work described in the PWS.

b. Ability to generate material and complete tasks in a timely and efficient manner, experience, and qualifications of the organizational entity offering to conduct the work described in the PWS.

c. Prior contracts that are relevant to the computer-based testing for the accreditation laboratories as detailed for this project.

Factor 2: Volume II - Past Performance

The Offeror’s past performance will be evaluated in accordance with the following Past Performance Relevancy Rating Standards and Performance Confidence Assessments Standards.

The Government will conduct a past performance evaluation of the Offeror’s past performance as well as that of its subcontractors (if applicable). Past performance consists of past performance relevancy and performance confidence; thus, the Offeror will be assigned two (2) ratings for past performance: First, the Government will evaluate the Offeror’s past performance references to determine how relevant a recent effort is to the current requirement for source selection. Common aspects of relevance include similarity of service/support, complexity, magnitude of effort, dollar value, and contract type. Second, the Government will evaluate the Offeror’ s past performance to determine the quality of work performed and assess the level of expectation that the Offeror can successfully perform the required effort.

Past Performance Relevancy Rating Standards Rating Definition

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Rating Description

Exceptional Confidence Based on the Offeror’s recent/relevant performance record, the Government has very high expectations that the offeror will successfully perform the required effort.

Very Good Confidence Based on the Offeror’s recent/relevant performance record, the Government has very good expectations that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has reasonable expectations that the offeror will successfully perform the required effort.

Marginal Confidence Based on the offeror’s recent/relevant performance record, the Government has minimal expectations that the Offeror will successfully perform the required effort.

Unsatisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

Factor 3: Volume III - Price

The overall total price will be evaluated to determine if it is a fair and reasonable price.

Performance Confidence Assessment Standards

Past Performance Relevancy Rating Standards

The Government will develop a total evaluated price, which contains quoted prices for all line items, including all Options. Evaluation of options shall not obligate the Government to exercise the option(s).

All other information required in the price quote will be evaluated for completeness and accuracy. The Government reserves the right to clarify any discrepancies discovered during the evaluation.

A written notice of award or acceptance of an offer furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

IX. Offeror Representations and Certifications

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) applies to this acquisition and is hereby incorporated by reference.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

X. Applicable Provisions and Clauses

FAR 52.252-1 Solicitation Provisions Incorporated by Reference.

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): www.acquisition.gov/far/

Commerce Acquisition Regulation (CAR): http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

Provisions incorporated by reference

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation FAR 52.204-7, System for Award Management FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-17, Ownership or Control of Offeror FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations – Representation FAR 52.209-7, Information Regarding Responsibility Matters https://www.sam.gov/ http://www.acquisition.gov/far/ http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=8b5f22b07c12a52e8b29841ad60f1fd9&mc=true&tpl=/ecfrbrowse/Title48/48chapter13.tpl

FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FAR 52.217-5, Evaluation of Options FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran

FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (DEC 2022), applies to this acquisition.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

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

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L.

117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

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

XX (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

__ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

XX (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).

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

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

https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9

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

__ (v) Alternate IV (Jan 2025) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

XX (26) (i) 52.219-28, Post-award Small Business Program Representation (Jan 2025) (15 U.S.C. 632(a)(2)).

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

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

XX (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

XX (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

__ (33) [Reserved]

__ (34) [Reserved]

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

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

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

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

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

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

XX (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50

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

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (Deviation Feb 2025) (7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

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

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4

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

XX (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

XX (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

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

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

__ (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).

https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.232-36#FAR_52_232_36 https://www.acquisition.gov/far/52.239-1#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim

__ (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).

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

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

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

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

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

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/52.247-69#FAR_52_247_69 https://www.govinfo.gov/link/uscode/49/40118 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13…

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