B08_Combined_Syn-Sol_Ohmsett_Temp_Restrooms_and_Laundry.pdf

Solicitation No. 140E0124Q0057 | Ohmsett Temporary Restroom Rental and Service Page 1 of 28

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 and laundry facilities at Ohmsett, located on the Naval Station Earle in Leonardo, New Jersey. The estimated period of performance for this requirement is 8 months with an estimated start date of June 10, 2024, with the potential of four (4) 1-month option periods, totaling 12 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 $98.0 million. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-04.

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. 140E0124Q0057” in the Subject Line.

mailto:Caroline.Laikin-Credno@bsee.gov

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SECTION 1

PRICING

1.1 GENERAL

BSEE intends to award a purchase order for a contractor to provide temporary/portable restroom and laundry facilities at Ohmsett in accordance with Federal Acquisition Regulation (FAR) Part 13, "Simplified Acquisition Procedures". The North American Industry Classification System (NAICS) code for this requirement 562991, Septic Tank and Related Services.

1.2 TYPE OF CONTRACT

This is a Firm-Fixed-Price Purchase Order.

1.3 CONTRACT LINE ITEM PRICING

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

CLIN Description Quantity Quantity

Type Unit Price

Total Amount

00010 Base Period (8 months): Portable Toilets Rental on a Continuous Basis for Ohmsett including 1x week service (4 x month) Est. June 10, 2024 to February 14, 2025

8 Month $TBD $TBD

00020 Base Period (8 months): 1x Week (4 x month) Servicing of Portable Toilets Est. June 10, 2024 to February 14, 2025

8 Month $TBD

$TBD

00030 Set-up, Delivery, and Breakdown and Return of Portable Toilet at Ohmsett, including Fuel and Inflation Surcharge

1 Job $TBD $TBD

00040 Base Period (8 months): Large Laundry Trailer Est. June 10, 2024 to February 9, 2025

8 Month $TBD $TBD

00050 Base Period (8 months): 1x Week (4 x month) Servicing of Laundry Trailer Est. June 15, 2024 to December 15, 2024

8 Month $TBD

00060 Set-up, Delivery, and Breakdown and Return of Portable Laundry Trailer at Ohmsett, including Fuel and Inflation Surcharge

1 Job $TBD $TBD

Base Period Total Amount (CLINS 00010 - 00060): $TBD 00070 Option for Increased Quantity – Separately

Priced Line Item (covers the base and all exercised option periods): Unscheduled portable toilet Services

NTE 10

(On an as needed basis)

Each additional

Service

$TBD

unit)

$TBD

NTE

00080 Option Period 1 (1 month):

Portable Toilet Rental and Laundry Trailer on a Continuous Basis for Ohmsett including 1x week service for toilet and laundry – FFP February 10, 2025 to March 9, 2025

1 Month $TBD $TBD

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00090 Option Period 2 (1 month):

Portable Toilet Rental and Laundry Trailer on a Continuous Basis for Ohmsett including 1x week service for toilet and laundry – FFP March 1, 2025 to April 9, 2025

1 Month $TBD $TBD

00100 Option Period 3 (1 month):

Portable Toilet Rental and Laundry Trailer on a Continuous Basis for Ohmsett including 1x week service for toilet and laundry – FFP April 10, 2025 to May 9, 2025

1 Month $TBD $TBD

00110 Option Period 4 (1 month):

Portable Toilet Rental and Laundry Trailer on a Continuous Basis for Ohmsett including 1x week service for toilet and laundry – FFP May 10, 2025 to June 9, 2025

1 Month $TBD $TBD

Total Amount if all options are exercised and the full amount of unscheduled service are provided: $TBD

1.4 PARTIAL DELIVERY PAYMENT SCHEDULE

Partial delivery payments are authorized for the portable toilet rental and once a week routine servicing, CLINs 00010 and optional CLIN 00110. 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. 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.

Base Period (8 months)

Payment No. Deliverable(s) / Milestone (s) Payment Amount

1-8 Monthly Portable Toilet and Laundry Rental and 4xMonth Service

$TDB

Option Period One (1) (POP: month) If exercised:

Payment No. Deliverable(s) / Milestone (s) Payment Amount

Monthly Portable Toilet and Laundry Rental and

Option Period Two (2) (POP: 1 months) If exercised:

Monthly Portable Toilet and Laundry Rental and

Option Period Three (3) (POP: 1 months) If exercised:

Monthly Portable Toilet and Laundry Rental and

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Option Period Four (4) (POP: 1 months) If exercised:

Monthly Portable Toilet and Laundry Rental and

Option For Increased Quantity – Unscheduled Toilet Service (POP: Up to 12 months, if exercised):

13-24

If exercised, each additional unscheduled toilet service shall be invoices 1 once monthly for the additional services provided

$TBD

Per additional service per month

1.5 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.: 24 Date of Revision: December 26, 2023

The Wage Determination can be viewed at: https://sam.gov/wage-determination/2015-4195/24 and is included as Attachment C.

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SECTION 2

STATEMENT OF WORK (SOW)

PORTABLE RESTROOM AND LAUNDRY FACILITY RENTALS AND SERVICING

2.1 Purpose

The purpose of this procurement is to rent/lease and service temporary restroom and laundry facilities (trailers) at Ohmsett, Facility R-24, Naval Weapons Station Earle Waterfront Complex, in Leonardo, NJ, for a minimum of 8-months and a maximum of 12-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.

BSEE requires the renting and servicing of a portable restroom trailer and portable laundry trailer due to unavailability of the Ohmsett Facility R-24 restrooms and laundry. BSEE is working with the Navy to update and expand the existing restrooms and laundry facilities, but this is major construction (alteration) and is planned to take several years. 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).

2.3 SCOPE OF WORK/REQUIREMENTS

2.3.1 General Requirements: For a minimum of 8-months and a maximum of 12-months, the

Contractor shall furnish all labor, materials, tools, services, equipment, transportation and supervision to provide portable toilet rental and laundry trailer, 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/leasing 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 and laundry trailer must fit within the following limits listed below and in Attachment A:

• The Government will provide within 50 feet of Facility R-24 building exterior the following for Contractor service connections:

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a. Electrical service point (100A subpanel with dedicated 20A circuit 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/Lease:

2.3.2.1 Temporary Restrooms: Provide temporary restroom facilities (air-conditioned interior with lavatory type with flushing toilets and washbasins, at a minimum) 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 and locker room 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.

2.3.2.2 Temporary Laundry Trailer: Provide a temporary laundry trailer including a 200+ gallon freshwater tank and a 400+ gallon waste tank. Laundry trailer must include climate control, including air conditioning and heating. It must include at least 2 washers and 2 dryers, a folding table, and a sink.

2.3.3 Service of the temporary restroom and laundry facilities:

a. Routine. Once a week, the Contractor shall:

a. Pump and recharge portable toilet tanks and laundry 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. General cleaning of temporary restroom and laundry facilities including toilets, sinks, floors.

c. 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 more than once per week, 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 and laundry trailer. 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 and laundry 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.

https://ohmsett.bsee.gov/visit.html

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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 Navy base; therefore it is mandatory for all guests (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 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 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 and laundry facilities, within one (1) 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 and laundry facilities and the physical site (vacant) within one (1) 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 eight (8) months with an estimated start date of June 10, 2024, and includes four (4) one-month option periods, totaling 12 months if all options are exercised. The periods of performance are anticipated as follows:

Base Period (8 months): June 10, 2024 to February 9, 2025 Option Period 1 (1 month): February 10, 2025 to March 9, 2025 Option Period 2 (1 month): March 10, 2025 to April 9, 2025 Option Period 3 (1 month): April 10, 2025 to May 9, 2025 Option Period 4 (1 month): May 10, 2025 to June 9, 2025

The option for increased quantity shall be exercised within the Order period of performance.

The Option for to extend services, FAR 52.217-8, if exercised could extend the period of performance an additional six (6) months, to December 14, 2025.

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 mailto:caroline.laikin-credno@bsee.gov

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3.3.2 Contracting Officer’s Representative (COR)

To be announced upon award

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) (FEB 2021)

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

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

• 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 St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov 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

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(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.

(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

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3.8 ADVERTISTING OF AWARD

The Contractor shall not refer to this award in commercial advertising, or similar promotions in 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 APPLICABLE FEDERAL ACQUISITION REGULATIONS (FAR) 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 52.204-13 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 Products and Commercial Services (Nov 2023) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

3.9.2 Clauses Included in Full Text

3.9.2.1 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (FEB 2024)

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).

https://www.acquisition.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N

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(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. 3805note)).

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

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 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 (June 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).

☐ (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).

☒ (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 ☐ (12) 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).

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

☐ (14) [Reserved].

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1124452424 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim

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

☐ (16) (i) 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).

☐ (iii) Alternate II (Nov 2011).

☐ (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.

☐ (iii) Alternate II (Mar 2004) of 52.219-7.

☐ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) 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).

☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (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. 657s).

☒ (31) 52.222-3, Convict Labor (June 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 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/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793

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

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

☐ (ii) Alternate I (July 2014) of 52.222-35.

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

☐ (ii) Alternate I (July 2014) of 52.222-36.

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

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

☒ (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. chapter78 and E.O. 13627).

☐ (40) 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 and 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)).

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (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.

☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (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.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☐ (52) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (OCT 2022) of 52.225-1.

☐ (53) (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.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056753 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053207 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053207 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053232 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053232 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053246 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053274 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053274 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053316 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_223_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1668D08086F https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Solicitation No. 140E0124Q0057 | Ohmsett Temporary Restroom Rental and Service Page 17 of 28 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 (DEC 2022) of 52.225-3.

☐ (iv) Alternate III (FEB 2024) of 52.225-3.

☐ (v) Alternate IV (OCT 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 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).

☐ (56) 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).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 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).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security…