Attachment III Contract Clauses (RFQ).pdf

Attachment III Contract Clauses El Salvador (ZB-P-LEC) Communication Equipment

Attachment III

Contract Clauses

FAR CLAUSES

The following FAR clauses are hereby incorporated in this Solicitation and the resulting contract with addenda attached as necessary:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov

(End of Clause)

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(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 clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

The Contractor must comply with the FAR clauses in the table below that the Contracting Officer has indicated as being incorporated into this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

Incorporated Clause # and Title Clause Effective Date ☒ 52.203-6 Restrictions on Subcontractor Sales to the

Government (with Alt I) JUN 2020 ☐ 52.203-13 Contractor Code of Business Ethics and

Conduct NOV 2021 N/A 52.203-17 Contractor Whistleblower Rights (See DHS

FAR Deviation 14-01 in full text below) NOV 2023 ☒ 52.203-19 Prohibition on Requiring Certain

Internal Confidentiality Agreements or Statements JAN 2017 ☐ 52.204-9 Personal Identity Verification of Contractor

Personnel JAN 2011 ☒ 52.204-13 System for Award Management

Maintenance (DEVIATION 25-19) AUG 2025 ☐ 52.204-91 Contractor Identification (DEVIATION 25-

19) AUG 2025

☒ 52.209-6 Protecting the Government's Interest

When Subcontracting with Contractors Debarred, NOV 2025

Suspended, Proposed for Debarment, or Voluntarily Excluded (DEVIATION 25-27)

☒ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (DEVIATION

25-27) NOV 2025

☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION 25-27) NOV 2025

☒ 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services

(DEVIATION 25-21) AUG 2025

☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION

26-03) OCT 2025

☒ 52.219-6 Notice of Total Small Business Set-Aside

(DEVIATION 26-03) OCT 2025

☒ 52.219-8 Utilization of Small Business Concerns

(DEVIATION 26-03) OCT 2025

☐ 52.219-9 Small Business Subcontracting Plan

(DEVIATION 26-03) OCT 2025

N/A 52.219-14 Limitations on Subcontracting (see DHS FAR Deviation 26-03 in full text below) OCT 2025

☐ 52.219-16 Liquidated Damages -- Subcontracting Plan

(DEVIATION 26-03) OCT 2025

☐ 52.219-33 Nonmanufacturer Rule (DEVIATION 26-

03) OCT 2025

☒ 52.222-3 Convict Labor JUN 2003 ☒ 52.222-19 Child Labor--Cooperation with

Authorities and Remedies (DEVIATION 26-10) OCT 2025 ☒ 52.222-35 Equal Opportunity for Veterans

(DEVIATION 26-10) OCT 2025

☒ 52.222-36 Equal Opportunity for Workers with

Disabilities (DEVIATION 26-10) OCT 2025 ☒ 52.222-37 Employment Reports on Veterans

(DEVIATION 26-10) OCT 2025

☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 ☐ 52.222-41 Service Contract Labor Standards AUG 2018 ☐ 52.222-42 Statement of Equivalent Rates for Federal

Hires MAY 2014 ☐ 52.222-43 Fair Labor Standards Act and Service

Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) AUG 2018

☐ 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment MAY 2014

☒ 52.222-50 Combating Trafficking in Persons NOV 2021 ☐ 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

☐ 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (DEVIATION 26-10) OCT 2025

☒ 52.222-54 Employment Eligibility Verification

(DEVIATION 26-10) OCT 2025

☐ 52.222-62 Paid Sick Leave Under Executive Order

13706 JAN 2022

☒ 52.222-90 Addressing DEI Discrimination by

Federal Contractors (DEVIATION 26-10 Rev2) APR 2026

☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items MAY 2008

☐ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(DEVIATION 26-12) OCT 2025

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

(DEVIATION 26-12) OCT 2025

N/A 52.223-23 Sustainable Products and Services (DHS FAR Deviation 26-12) OCT 2025

N/A 52.224-3 Privacy Training (DHS FAR Deviation 17-

03) MAR 2026

☐ 52.225-1 Buy American Supplies (DEVIATION 26-

09) OCT 2025

☐ 52.225-3 Buy American-Free Trade Agreements- Israeli Trade Act (DEVIATION 26-09) OCT 2025

☐ 52.225-5 Trade Agreements NOV 2023 ☐ 52.225-19 Contractor Personnel in a Designated

Operational Area or Supporting a Diplomatic Or Consular Mission outside the United States. MAY 2020

☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States OCT 2016

☐ 52.226-4 Notice of Disaster or Emergency Area Set- Aside NOV 2007

☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area NOV 2007

☒ 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024

☒ 52.229-12 Tax on Certain Foreign Procurements FEB 2021 ☐ 52.232-30 Installment Payments of Commercial

Products and Commercial Services NOV 2021 ☒ 52.232-33 Payment by Electronic Funds Transfer-

System for Award Management OCT 2018 ☐ 52.232-34 Payment by Electronic Funds Transfer --

Other than System for Award Management JUL 2013 ☐ 52.232-36 Payment by Third Party (DEVIATION 26-

13) OCT 2025

☒ 52.232-40 Providing Accelerated Payments to

Small Business subcontractors MAR 2023 ☒ 52.233-3 Protest After Award (DEVIATION 25-25) AUG 2025 ☒ 52.233-4 Applicable Law for Breach of Contract

Claim (DEVIATION 25-25) AUG 2025 ☒ 52.240-91 Security Prohibitions and Exclusions

(DEVIATION 25-23) AUG 2025

☐ 52.240-92 Security Requirements (DEVIATION 25-

23) AUG 2025

☐ 52.240-93 Basic Safeguarding of Covered Contractor

Information Systems (DEVIATION 25-23) AUG 2025 ☐ 52.244-6 Subcontracts for Commercial Products and

Commercial Services (DEVIATION 25-34) OCT 2025 ☐ 52.247-64 Preference for Privately Owned U.S. Flag

Commercial Vessels NOV 2021

The following FAR clauses are hereby incorporated in this Solicitation and the resulting Contract in full text:

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

(DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and

FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3. 908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (OCT 2025) (DHS-

USCG DEVIATION 26-03)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.4 and 16.5.

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of FAR Clauses)

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

The following HSAR clauses are hereby incorporated in full text in this Solicitation addenda attached as necessary:

HSAR 3052.212-70 CONTRACT TERMS & CONDITIONS FOR DHS ACQUISITION

OF COMMERCIAL ITEMS (JUL 2023)

The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following clauses are incorporated by reference as indicated by the Contracting Officer:

Incorporated Clause # and Title Clause Date ☐ 3052.203-70 Instructions for Contractor Disclosure of Violations SEP 2012

☒ 3052.205-70 Advertisements, Publicizing Awards, and Release SEP 2012

☐ 3052.211-70 Index for Specifications DEC 2003

☐ 3052.217-90 Delivery and Shifting of Vessel. (USCG) DEC 2003

☐ 3052.217-91 Performance. (USCG) DEC 2003

☐ 3052.217-92 Inspection and Manner of Doing Work. (USCG) DEC 2003

☐ 3052.217-93 Subcontracts. (USCG) DEC 2003

☐ 3052.217-94 Lay Days. (USCG) DEC 2003

Incorporated Clause # and Title Clause Date ☐ 3052.217-96 Title. (USCG) DEC 2003

☐ 3052.217-97 Discharge of Liens. (USCG) DEC 2003

☐ 3052.217-98 Delays. (USCG) DEC 2003

☐ 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

DEC 2003

☐ 3052.219-71 DHS Mentor Protégé Program.

Follow: FAR Class Deviation 24-01

JUN 2006

☐ 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work.

DEC 2003

☐ 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility. DEC 2003

☐ 3052.222-90 Local Hire. (USCG) JUN 2006

☐ 3052.223-90 Accident and Fire Reporting DEC 2003

☐ 3052.228-70 Insurance DEC 2003

☐ 3052.228-90 Notification of Miller Act Payment Bond Protection.

(USCG)

DEC 2003

☐ 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) DEC 2003

☐ 3052.228-93 Risk and Indemnities (USCG) DEC 2003

☐ 3052.235-70 Dissemination of Information – Educational Institutions JUN 2006

☐ 3052.236-70 Special Precautions for Work at Operating Airports DEC 2003

☒ 3052.242-72 Contracting Officer’s Representative DEC 2003

☒ 3052.249-90 Contract Termination MAR 2023

(End of HSAR Clauses)

(End of Contract Clauses)