B08_SOL_140D0425Q0643_Attach_5_Adden_212_4_1.pdf

Attachment 5

ADDENDUM to Federal Acquisition Regulation 52.212-4 Contract Terms and Conditions--

Commercial Products and Commercial Services (Nov 2023)

1.0 Period of Performance

The estimated period of performance (12 months from date of award) for this Purchase Order is as follows: 09/25/2025-09/24/2026.

2.0 Payment for Unauthorized Work

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting

Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

3.0 Quality Assurance

The COR will review, for completeness, preliminary or draft documentation that the Contractor submits, and may return it to the Contractor for correction. Absence of any comments by the

COR will not relieve the Contractor of the responsibility for complying with the requirements of this work statement. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by COR. The Contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this work statement. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

4.0 Personnel Requirements

The Contractor is responsible for providing personnel with the necessary level of expertise to support the task activities and requirements in the PWS. Contractor personnel shall be trained, qualified, and certified under the requirements specified in this contract, and be given full knowledge of the requirements of this contract before starting work.

The Contractor is responsible for providing personnel with the necessary level of expertise to support the task activities and requirements in this Purchase Order.

5.0 Contractor Personnel

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 effort. The Contractor shall provide necessary and sufficient personnel to accomplish all the services within the timeframes specified in this Purchase Order. 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 in the PWS.

6.0 Non-Personal Services and Inherently Governmental Functions

Pursuant to FAR 37.1, no personal services shall be performed under this PWS. All work requirements shall flow only from the COR to the Contractor Project Director. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable Contractor supervisor. If the

Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the

Contractor shall promptly notify the Contracting Officer of this communication or action.

Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this PWS. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this PWS, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this PWS, the Contractor employee shall state that they have no authority to in any way change this PWS and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the

Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall insure that all its employees working on this PWS are informed of the substance of this article. Nothing in this article shall limit the Government’s rights in any way under the other provisions of this PWS, including those related to the Government’s right to inspect and accept the services to be performed under this PWS. The substance of this article shall be included in all subcontracts at any tier.

7.0 Release of Information

No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this effort or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer.

The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final deliverables or information pertaining to services performed under this contract unless approved by the Contracting Officer.

There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer.

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the

Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

8.0 Correspondence

To promote timely and effective administration, correspondence shall be subject to the following procedures:

a) Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the Contracting Officer’s Representative

(COR) with an information copy to the Contracting Officer (CO).

b) All other correspondence, including invoices, or that which proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms or conditions of this PWS, shall be addressed to the Contracting Officer with an information copy to the

COR.

9.0 Department of Labor Wage Determinations

The below Department of Labor Wage Determination is hereby incorporated into the contract to be applied on an as needed basis.

Performance Location Wage

Determination No.

Revision No. Date of Last

Revision

Hawaii Counties of Kalawao, Maui

2015-5739 25 07/08/2025