Clauses.pdf

Attachment 2

CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODCUTS AND

COMMERCIAL SERVICES (RFO DEVIATOIN MAR 2026)

---Addendum to 52.212-4 ---

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR Clauses – https://www.acquisition.gov/far/ Revolutionary FAR Overhaul (RFO Clauses - FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV Department of the Interior Acquisition Regulation (DIAR) Clauses - https://www.acquisition.gov/diar

In addition, clauses can be identified as follows:

FAR – by the number prefix52, e.g. 52.252-01, etc.

RFO – by the “RFO” text prior to the clause number DIAR – by the number prefix 1452 and the number suffix of 70, e.g. 1452.204-70

The following referenced clauses are hereby incorporated into and made a part of this contract.

Clause Title Date 52.203-17 Contractor Employee Whistleblower Rights November 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements January 2017

RFO 52.204-13 System for Award Management Maintenance (DEVIATION) March 2026 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 RFO 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(DEVIATION)

May 2026

RFO 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION) (15 U.S.C. 644)

January 2026

RFO 52.219-28 Post Award Small Business Program Representation (DEVIATION) (15 U.S.C. (632)(a)(2))

January 2026

52.222-03 Convict Labor June 2023 RFO 52.222-19 Child Labor-Corporation with Authorities and Remedies

(DEVIATION MAY 2026)

May 2026

RFO 52.222-36 Equal Opportunity for Workers with Disabilities (DEVIATION

MAY 2026) (29 U.S.C. 793)

March 2026

RFO 52.222-50 Combating Trafficking in Persons (DEVIATION MAY 2026) (22 U.S.C. Chapter 78 and E.O. 13627)

October 2025

RFO 52.222-90 Addressing DEI Discrimination by Federal Contractors

(DEVIATION 2026)

April 2026

52.225-13 Restrictions on Certain Foreign Purchases February 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving March 2026

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

October 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors March 2023 https://www.acquisition.gov/far/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/diar

52.233-4 Applicable Law for Breach of Contract Claims October 2004 52.242-15 Stop-Work Order AUG 1989

52.225-1 BUY AMERICAN-SUPPLIES (OCT 2022)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued);

or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105 .

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if-

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".

End product means those articles, materials, and supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled "Buy American Certificate."

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

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 invoicing 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, the following documents are required to be submitted as an attachment to the IPP invoice:

NONE – DO NOT UPLOAD ANY ATTACHMENTS TO IPP

Concurrent to submitting an invoice in IPP, the contractor must submit any supporting documentation (company generated invoice) to the contract specialist or contracting officer listed on the award or any subsequent modification. Contractors are cautioned that supporting documentation e-mailed to the contracting officer must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices.

When e-mailing supporting documentation to the contract specialist/contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contracting Officer's last name (e.g., 140R3023F0096_Invoice No. 1_Smith). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor Name, Invoice Number, Invoice Amount (e.g., 140R3023RF0096_Carahsoft. - Inv. No. XX - $5,678).

Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the ‘Final Invoice’.”

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) 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 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.

(End of Local Clause)

---END OF ADDENDUM TO 52.212-4 ---

**END CLAUSES**