B08_Combined_Syn-Sol_140E0123Q0006_Ohmsett_Temp_Restrooms.pdf

Solicitation No. 140E0123Q0006 | Ohmsett Temporary Restroom Rental and Service Page 3 of 30

SYNOPSIS:

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE

THAT WILL BE ISSUED. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

The U.S. Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE), on has a requirement for rental and servicing of temporary restrooms at Ohmsett, located on the Naval Station Earle in Leonardo, New Jersey. The estimated period of performance for this requirement is 6 months starting April 1, 2023 with the potential of four (4) 3-month option periods, totaling 18 months if all option periods are exercised.

The purpose of this combined synopsis/solicitation is to solicit quotes as described in the attached request for quotation (RFQ). The Government anticipates awarding a firm fixed price Purchase Order. This procurement is being conducted in accordance with FAR Part 13, "Simplified Acquisition Procedures.” The North American Industrial Classification Systems (NAICS) code is 562991, Septic Tank and Related Services, which includes pumping (i.e., cleaning) septic tanks and cesspools and/or renting and/or servicing portable toilets., with a small business size standard of $8.0 million. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-08.

All potential offerors must be registered in the System for Award Management (SAM) (www.sam.gov) in order to receive Government contracts.

The point of contact for this procurement is Caroline Laikin-Credno, Contracting Officer, BSEE, Acquisition Operations Branch, 45600 Woodland Rd., Sterling, VA 20166. Responses to this solicitation must be submitted electronically via email to Caroline.Laikin-Credno@bsee.gov no later than the closing date and time referenced in the solicitation. All email correspondence must reference “RFQ No. 140E0123Q0006” in the Subject Line.

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SECTION 1

PRICING

1.1 GENERAL

The Bureau of Safety and Environmental Enforcement (BSEE) intends to award a Firm Fixed Price (FFP) Purchase Order, for the project titled, “Portable Toilet Rental and Servicing,” as specified under Section 2, Statement of Work. The acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13, "Simplified Acquisition Procedures". The North American Industry Classification System (NAICS) code for this requirement is 562991, Septic Tank and Related Services, which includes pumping (i.e., cleaning) septic tanks and cesspools and/or renting and/or servicing portable toilets., with a small business size standard of $8.0 million.

1.2 TYPE OF CONTRACT

BSEE anticipates awarding a Firm-Fixed-Price Purchase Order which includes firm fixed price (FFP) and fixed price per unit (FPPU) contract line item numbers.

1.3 CONTRACT LINE ITEM PRICING

The descriptions of the Contract Line-Item Numbers (CLINs) are described below.

* Offeror is required to fill in pricing where indicated as part of its proposal submission.

CLIN Description Quantity Quantity Type

Unit Price

Total Amount

00010 Base Period (6 months): Portable Toilets Rental on a Continuous Basis for Ohmsett –

FFP

00020 Base Period (6 months): Servicing of Portable Toilet – 2 times a month – FFP

(2x/month)

Months * *

00030 Base Period (12 months): Unscheduled Services – FPPU not-to exceed NTE the established ceilings listed in the “Total Amount”

Up to 4 Each * NTE: *

00040 Base Period: Set-up, Delivery, and Breakdown and Return of Portable Toilet at Ohmsett

1 Job * *

00110 Option Period One (3 months):

Portable Toilet Rental on a Continuous Basis for Ohmsett – FFP

00120 Option Period One (3 months):

Servicing of Portable Toilet on a Continuous Basis for Ohmsett – FFP

(2x/month)

Months * *

00210 Option Period One (3 months):

Unscheduled Services – FPPU not-to exceed NTE the established ceilings listed

Up to 3 Each * NTE: *

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Portable Toilet Rental on a Continuous Basis for Ohmsett – FFP

00310 Option Period Two (3 months):

Servicing of Portable Toilet on a Continuous Basis for Ohmsett – FFP

(2x/month)

Months * *

00320 Option Period Two (3 months):

Unscheduled Services – FPPU not-to exceed NTE the established ceilings listed in the “Total Amount”

Up to 3 Each * NTE: *

00410 Option Period Three (3 months):

Portable Toilet Rental on a Continuous Basis for Ohmsett – FFP

00420 Option Period Three (3 months):

Servicing of Portable Toilet on a Continuous Basis for Ohmsett – FFP

(2x/month)

Months * *

00430 Option Period Three (3 months):

Unscheduled Services – FPPU not-to exceed NTE the established ceilings listed in the “Total Amount”

Up to 3 Each * NTE: *

00510 Option Period Four (3 months):

Portable Toilet Rental on a Continuous Basis for Ohmsett – FFP

00520 Option Period Four (3 months):

Servicing of Portable Toilet on a Continuous Basis for Ohmsett – FFP

(2x/month)

Months * *

00530 Option Period Four (3 months):

Unscheduled Services – FPPU not-to exceed NTE the established ceilings listed in the “Total Amount”

Up to 3 Each * NTE: *

Total Amount if all options are exercised: $_____________

1.4 PARTIAL DELIVERY PAYMENT SCHEDULE

Partial delivery payments are authorized for the portable toilet rental and routine servicing, CLINs 00010, 00020, and optional CLINS 00110, 00120, 00210, 00220, 00310, 00320, 00410, 00420and 00510 and 00520. Payment shall be made once the following deliverables have been received and accepted by the Government in accordance with FAR Clause 52.212-4(i), Payment.

Upon completion of each deliverable and acceptance by the Government, the contractor may submit an invoice to BSEE in the amount identified in the table below. The Contractor shall submit invoices via Internet Payment Platform (IPP) in accordance with instructions provided in Section 3.5.1. The other CLINS shall be invoiced monthly based on the prices in Section 1.3.

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Base Period (6 months)

Payment No. Deliverable(s) / Milestone (s) Payment Amount 1-12 Monthly Status Report $TBD*

TOTAL Base Year Amount $TBD*

Option Period One (3 months)

1-3 Monthly Status Report) $TBD* TOTAL Option Period One Amount $TBD*

Option Period Two (3 months)

TOTAL Option Period Two Amount $TBD*

Option Period Three (3 months)

Option Period Four (3 months)

* = The Deliverable(s)/ Milestone(s) and the Payment Amount for the rental and routine service shall be proposed by the Offeror as part of its Business/Cost Proposal (see Section 4.5.2.1).

1.6 APPLICABLE WAGE DETERMINATION

The Contractor shall ensure all labor rates are in accordance with the most recent applicable Department of Labor (DOL) Wage Determination listed below. It is also the contractor’s responsibility to ensure any subcontractors pay the applicable rates.

Monmouth County: Wage Determination No.: 2015-4195 Revision No.: 20 Date of Revision: June 27, 2022

The documents can be viewed at: https://sam.gov/wage-determination/2015-4195/20 and is included as Attachment C.

https://sam.gov/wage-determination/2015-4195/20

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SECTION 2

STATEMENT OF WORK (SOW)

PORTABLE TOILET RENTAL AND SERVICING

2.1 Purpose

The purpose of this procurement is to rent and service temporary restroom facilities at Ohmsett, Facility R-24, Naval Weapons Station Earle Waterfront Complex, in Leonardo, NJ, for a minimum of six-months and a maximum of 18-months.

2.2 BACKGROUND

The Bureau of Safety Environmental Enforcement (BSEE), Oil Spill Preparedness Division, has management responsibility for Ohmsett. Ohmsett is the National Oil Spill Response test facility located in Leonardo, New Jersey.

The Government requires the rental and servicing of temporary restroom facilities due to deteriorating conditions within the Facility R-24 Restrooms. Major construction (alteration) of these existing restrooms will not occur in time and may take up to 18 months to complete.

Ohmsett is an active facility with approximately 15 full-time equivalent male and female personnel but during test and evaluation events surges up to 50 total personnel for an average two-week period (Monday through Friday, excluding Federal Holidays and weekends). For planning purposes, the Ohmsett schedule is available from https://ohmsett.bsee.gov/schedule.html.

2.3 SCOPE OF WORK/REQUIREMENTS

2.3.1 General Requirements: For a minimum of 6-months and a maximum of 18-months, the

Contractor shall furnish all labor, materials, tools, services, equipment, transportation and supervision to provide portable toilet rental, delivery and pickup, placement, pumping, and other related services. In addition, the Contractor shall be required to comply with all Federal, State, County, and other laws and regulations governing the disposal of sewage under this contract. The contractor shall also be solely responsible for obtaining any licenses or permits that may be required for performance of this purchase order. Any cost involved in obtaining licenses or permits shall be at the expense of the Contractor.

The Contractor shall provide the rental and servicing of temporary restroom that serves approximately 15 full-time equivalent male and female personnel, and during certain times surges up to 50 total personnel for an average two-week period (Monday through Friday, excluding Federal Holidays and weekends).

The temporary restrooms must fit within the limits shown in Attachment A, and the Government will provide within 50 feet of Facility R-24 building exterior the following for Contractor service connections:

a. Electrical service point (100A subpanel with dedicated 20A circuit https://ohmsett.bsee.gov/schedule.html

Solicitation No. 140E0123Q0006 | Ohmsett Temporary Restroom Rental and Service Page 8 of 30 breakers suitable for powering the Contractor’s proposed configuration).

b. Potable water service point (yard hydrants or equivalent with hose bib and water pressure suitable for cold/hot water purposes to the Contractor’s proposed configuration).

2.3.2 Rental of Temporary Restrooms: Provide temporary restroom facilities with air-conditioned interior, flushing toilets and washbasins for male and female occupants; a minimum of two toilets and two washbasins per gender to meet the usage needs and limitations in Section 2.3.1. Urinals, locker room, and showers are optional and should be avoided if cost savings are possible. The Contractor shall provide wastewater storage and handling capability as either onboard or an external structure with appurtenances resulting in complete and useable temporary restroom facilities.

2.3.3 Toilet Service of the Temporary Restroom:

a. Routine. Twice per month, not less than 10 calendar days in between, the

Contractor shall:

a. Pump and recharge portable toilet tanks with the industry standard water mixed with an appropriate amount of a fragrant deodorant chemical to ensure the fragrance will last several days.

b. Refill toilet paper dispensers and seat covers with Contractor furnished toilet paper to their maximum capacity – up to 2-rolls for the portable toilets.

The Contractor is responsible for any spills that occur during the pumping process. These spills shall be immediately cleaned to leave the surrounding area of the spill contaminant free. The Contractor is responsible for the proper disposal of this material.

b. Unscheduled/On Call. If excess usage requires servicing more than twice per month, the Government will notify the Contractor via phone call and email for record. The Contractor shall perform the services listed included with “Routine” servicing in Section 2.3.3, within two business days.

2.3.4 Delivery and Set-up and Demobilization: The Contractor shall delivery and set-up to working conditions the temporary restrooms. At the end of the period of performance, the Contractor shall demobilize the temporary restroom facilities by uninstalling and transporting each off site.

a. Deliver and install temporary restroom facilities per Attachment A. This parking lot is an asphalt surface, with minimal grade to drain, and free of debris

b. Performance requires the Contractor to request Naval Weapons Station Earle installation access; go to https://ohmsett.bsee.gov/visit.html, “Required Forms” section, and follow the instructions.

2.3.5 Ohmsett Access Requirements: The Contractor shall follow the Ohmsett facility access requirements below when needing to get onto the facility.

Ohmsett is located on a secure Naval installation; therefore it is mandatory for all guests https://ohmsett.bsee.gov/visit.html

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(contractor employees needed to set up and service the temporary restroom facilities) to complete the Ohmsett Visitor Access Request Form prior to their visit. The Ohmsett Visitor Access Request Form (Attachment B) must be submitted at least two (2) weeks prior to arrival for US Citizens and six (6) weeks for non-US Citizens. BSEE will not be responsible for denied access as a result of not submitting the security form by this deadline. The access request is granted only for the specific dates of your testing or training event.

Complete the Ohmsett Visitor Access Request Form. On line #24 type in Michael Brennan, 732-866-7055 as the "Base Sponsor"; be sure to initial lines #28 and #29, and sign section #30. Send the password-protected PDF file to michael.brennan@bsee.gov.

Alternatively, Fax the completed form to Michael Brennan at 732-866-7027 or mail to:

Ohmsett Access Office C/O Mike Brennan P.O. Box 96 Leonardo, NJ 07737

Visitors and guests must receive a pass at the NWS Earle Mainside Pass & ID Office located at 201 Rte. 34, Colts Neck, NJ 07722 during the hours of operation, 0700-1430, Monday-Friday.

Access Ohmsett by going to the NWS Earle Waterfront Visitor Control Center on 801 Route 36, Leonardo, NJ. Vehicles may be subject to random inspections, be sure to have valid personal and vehicle credentials available, and allow sufficient time to process through the Visitor Control Center each day of installation, demobilization, or servicing.

2.4 INSPECTIONS

The Government shall inspect the Contractor’s performance in all functional areas under this order and shall reserve the right to use whatever additional surveillance procedures are deemed appropriate. The Contractor services shall be inspected using the random sampling method, the planned sampling method and/or 100% inspection method. The Government reserves the right to change or alter the type of inspection plan at its discretion at any time.

2.5 DELIVERABLES/MEETINGS

2.5.1: Kick-Off Meeting: The Contractor shall hold a Kick-Off /Post Award Orientation

Meeting via teleconference with BSEE at a mutually agreeable date and time, within two (2) weeks of purchase order award. The intent of this meeting is to initiate the communication process between the Government and the Contractor by reviewing the purchase order requirements, introducing key participants and explaining their roles, discussing how work will be managed, and assuring a common understanding of requirements and objectives, goals, constraints, policies, and other relevant background information.

https://ohmsett.bsee.gov/visit/SECNAV%205512%20-%20Ohmsett%20Access%202022.pdf https://ohmsett.bsee.gov/visit/SECNAV%205512%20-%20Ohmsett%20Access%202022.pdf mailto:michael.brennan@bsee.gov

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2.5.2: The Contractor shall provide photos of existing conditions before and after installation including the physical site, interior and exterior of the temporary restroom facility, within one week after installation.

2.5.3: Monthly Status Reports: Monthly reports will be provided via email to the Contracting

Officer and Contracting Officer Representative and shall be used to document the subsequent invoice. The Report shall provide proof of servicing such as a log indicating the date, time, and responsible person.

2.5.4: The Contractor shall provide photos of existing conditions prior to demobilization and return including the interior and exterior of the temporary restroom facility and the physical site (vacant) within one week after removal.

2.6 ADDRESSES FOR DELIVERABLES

Contract Officer’s Representative (COR) Contracting Officer (CO) To be announced upon award Caroline Laikin-Credno

Bureau of Safety and Environmental Enforcement Acquisition Operations Branch 45600 Woodland Rd.

Sterling, VA 20166 Phone: 703-787-1828 Email: caroline.laikin-credno@bsee.com mailto:caroline.laikin-credno@bsee.com

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SECTION 3

PURCHASE ORDER TERMS AND CONDITIONS

3.1 PERIOD OF PERFORMANCE

The period of performance is six (6) months starting April 1, 2023, with four (4) three (3) month option periods, totaling 18 months if all options are exercised. The periods of performance are anticipated as follows:

Base Period (6 months): April 1, 2023 through September 30, 2023 Option Period 1 (3 month): October 1, 2023 through December 31, 2023 Option Period 2 (3 month): January 1, 2024 through March 31, 2024 Option Period 3 (3 month): April 1, 2024 through July 31, 2024 Option Period 4 (3 month): August 1, 2024 through October 31, 2024

The exercising of any of the option period(s) is contingent upon successful performance, availability of funds and the needs of the Government. All terms and conditions applicable to the base period shall extend to the option period(s) unless otherwise agreed upon.

3.2 PLACE OF PERFORMANCE

The contractor shall provide services for the base period and each option period at the following location:

OHMSETT FACILITY

NAVAL WEAPONS STATION EARLE, WATERFRONT

801 STATE ROUTE 36, BUILDING R-24

LEONARDO, NJ 07737

Phone: 732-866-7183

3.3 ADMINISTRATIVE POINTS OF CONTACT

3.3.1 Contracting Officer (CO)

Caroline Laikin-Credno Bureau of Safety and Environmental Enforcement (BSEE) Acquisition Operations Branch 45600 Woodland Road, VAE-AMD Sterling, VA 20166-9216 Tel: 703-787-1828 Email: caroline.laikin-credno@bsee.gov

3.3.2 Contracting Officer’s Representative (COR)

To be announced upon award mailto:caroline.laikin-credno@bsee.gov

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3.4 CONTRACTOR’S PROJECT MANAGER

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts, used in performance of this contract.

The Contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained herein.

The Contractor shall provide a Project Manager to facilitate Government-Contractor communications. The Project Manager shall be the primary interface between the Contractor and Government. The Contractor’s designated Project Manager for this contract is:

___________________________________________________ (NAME)

Phone #: ________________ Email: ______________________________.

The Contractor’s designated Project Manager for this contract shall have the authority to make any no- cost contract technical decision, or special arrangements regarding this contract in line with the consensus agreement or instruction from the stakeholders’ steering group.

The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager or a designated representative shall correspond with the COR to discuss problem areas as they might occur. The Project Manager, and all designated representatives, shall be able to fluently read, write, and speak the English language.

3.5 INVOICING REQUIREMENT

An Invoice shall be submitted monthly in accordance with Section 3.5.1 below and in accordance with the delivery payment table in Section 1.4. Any work for unscheduled services, and installation and demobilization shall be in accordance with the pricing listed in Section 1.3.

3.5.1 DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract/order, the following documents are required to be submitted as an attachment to the IPP invoice:

http://www.ipp.gov/

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• Documentation required by FAR 32.905(b).

• Proof of servicing such as a log indicating the date, time, and responsible person.

• Specific amounts invoicing per Sections 1.3 and 1.4

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone 866-973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

3.6 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

mailto:ippgroup@bos.frb.org

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(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

3.7 NON-PERSONAL SERVICES

This Purchase Order is a “non-personal services contract” as defined in FAR 37.101 under which the personnel rendering the services are not subject, either by the order’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

Personnel assigned to render services under this contract shall at all times be employees of the Contractor (or a subcontractor) and under the direction and control of the Contractor.

Notwithstanding any other provisions of this order, the contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder.

The Contractor and/or the Contractor’s employees: (1) shall perform the services specified herein as an independent contractor, not as employees of the government; (2) shall be responsible for management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO, as is necessary to ensure accomplishment of the contract objectives.

If the Contractor finds clarification necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder, the Contractor shall request clarification from the CO in writing.

Employees of the Contractor (or a subcontractor) must make clear, in dealings with the public, federal employees, or other contractors, that they are not federal employees. To minimize possible confusion, the Contractor’s (or subcontractor) employees are not permitted to wear clothing or other items, apart from the official identity credential, bearing the name, logo, or seal of the Government agency while performing work under this contract.

3.8 ADVERTISTING OF AWARD

The Contractor shall not refer to this award in commercial advertising, or similar promotions in

Solicitation No. 140E0123Q0006 | Ohmsett Temporary Restroom Rental and Service Page 15 of 30 such a manner as to state or to imply that the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE). This includes advertising, or similar promotions in all forms or electronic, broadcast and print media.

In addition, the Contractor is restricted from reproducing the image(s) of the Department of the Interior/Bureau of Safety and Environmental Enforcement, or Ohmsett or the Naval Base Earle, in any form of commercial advertising, or similar promotion. This includes images of official seals and buildings. The reproduction of official seals and the images of buildings is a matter controlled by regulation and Executive order. Any proposed usage of such symbols must be brought to the attention of the Contracting Officer.

3.9 AVAILABILITY OF CLAUSES

3.9.1 FAR Clauses Incorporated by Reference

In accordance with FAR 52.252-2, this order incorporates one or more Federal Acquisition Regulation (FAR) clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (CO) will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/.

Clause Title 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Items (Nov 2021) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

3.9.2 Clauses Included in Full Text

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

https://www.acquisition.gov/ https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10

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(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:

__ (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.)

X_ (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).

_X (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 (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 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).

__ (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 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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) https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#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/part-52#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/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9

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(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 (Oct 2022) ( 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 (Oct 2022) ( 15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 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 (Oct 2022) ( 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 (Oct 2022) ( 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)).

X_ (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).

__ (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).

__ (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 (May 2022) (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.)

https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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__ (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)

(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 (Oct 2022) ( 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.

__ (v) Alternate IV (Oct 2022) 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).

_X (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).

https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26

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__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 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)).

X_ (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.] X_ (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 https://www.acquisition.gov/far/part-52#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3…