Combined Synopsis Solicitation 12405B24Q0272.pdf
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- Replace an irrigation pump station Federal contract opportunity
- Solicitation number
- 12405B24Q0272
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This document is a combined synopsis/solicitation for a Request for Quotation (RFQ) for the replacement of a non-working irrigation pump station at the USDA-ARS US Horticultural Research Laboratory in Fort Pierce, FL. The solicitation has a NAICS code of 221310 - Water Supply and Irrigation Systems with a small business size standard of $41 Million. The Government requires the project to be completed within 30 days after award. Responses must include a quote on company letterhead with the vendor's SAM.gov UEI number, technical specifications, descriptive material, unit prices, capabilities, references, total price, and valid for at least 60 days. The significant evaluation factors, in order of importance, are technical capability, price, and past performance. Award will be made on a best value basis to the responsible offeror whose offer conforms to the specifications. Questions are due by July 8, 2024 and quotes are due by July 9, 2024.
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This is a combined synopsis/solicitation for commercial goods and commercial services prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued. The solicitation number is 12405B24Q0272 and is issued as a request for quotation (RFQ). This solicitation document incorporates those provisions and clauses in effect through Federal Acquisition Circular 2024-05. This will be a small business set-aside. The NAICS code is 221310 - Water Supply and Irrigation Systems with a small business size standard of $41 Million.
The USDA, ARS, in Fort Pierce, FL has a new requirement to replace a nonworking irrigation pump station, to include:
• water pump
• bladder tank
• fusible controller with weather type enclosure
• water filter
• pressure gauges
• 3” schedule 40 water supply line
• fiberglass enclosure
• and other appurtenances as stated in attached SOW
***A site visit is scheduled for July 3rd, 2024, at 9am, ET at the location***
COMPLETION DUE DATE: The Government requires project completion on or before 30 ARO, however, each offeror shall include their proposed delivery schedule as part of their quotation.
Please ensure all email correspondence includes the solicitation number in the subject line. Emails without the RFQ number in the subject line may not be seen, read, and /or reviewed and therefore disqualified from consideration.
The government anticipates award of a firm fixed priced contract resulting from this solicitation to the responsible offeror whose offer conforms to the specifications that will be the most advantageous to the government in accordance with FAR 13.106-2.
Responses shall include a quote on company letterhead, to include vendor’s SAM.gov UEI number, technical specifications, descriptive material, unit price per item, capabilities of the offeror’s equipment,
(5) completed lawn irrigation project references, total price, and valid for at least 60 days after receipt of quote. Offerors shall identity where the offered item meets or does not meet each of the Government's functional and performance minimum specifications listed herein.
REJECTION OF QUOTATION: Failure to demonstrate compliance will be cause to reject the quote without further discussions. All responsible sources may submit an offer and will be considered.
The following clauses and provisions apply to this acquisition. 52.212-1 Instructions to Offerors— Commercial Products and Commercial Services.; 52.212-3 Offeror Representations and Certifications— Commercial Products and Commercial Services.; 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.; 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
FAR 52.212-2, Evaluation-Commercial Products and Commercial Services, the significant evaluation factors, in the relative order of importance, are (i) technical capability of the item offered to meet the Government requirement including delivery date; (ii) price; and (iii) past performance, based on F.O.B.
Destination. Award will be made based on overall BEST VALUE to the Government.
AGAR Clauses 452.204-70 Modification for Contract Closeout As prescribed in USDA’s Contracting Desk Book 404.804 and 413.302-5, insert the following clause:
MODIFICATION FOR CONTRACT CLOSEOUT (DEVIATION JULY 2022)
“Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR part 13,
(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”
(End of clause)
PAYMENT: Any award made under this solicitation is subject to 31 CFR Part 208 which requires all payments made by the government to be made by electronic funds transfer.
Contractors intending to conduct business with the Federal Government MUST register with the System for Award Management (SAM) database prior to submitting quotation. You may register online at www.sam.gov. Any amendment and documents related to this procurement will be available electronically at the Internet site: http://www.SAM.gov.
QUESTIONS REGARDING THIS RFQ ARE DUE TO RICHARD HAWTHORNE at Richard.hawthorne@usda.gov, NO LATER THAN 1:00 p. m. ET, July 8th, 2024. Questions will only be accepted via email and WILL NOT be answered if received after this date/time.
QUOTES REGARDING THIS RFQ ARE DUE TO RICHARD HAWTHORNE at Richard.hawthorne@usda.gov , NO LATER THAN 5:00 p. m. ET, July 9th, 2024.
http://www.sam.gov/ mailto:Richard.hawthorne@usda.gov
Place of Performance:
USDA-ARS
US Horticultural Research Laboratory 2001 South Rock Road Fort Pierce, FL 34945
Primary Point of Contact:
Richard Hawthorne Purchasing Agent richard.hawthorne@usda.gov.
mailto:richard.hawthorne@usda.gov
STATEMENT OF WORK
REPLACE LAWN IRRIGATION SYSTEM
US Department of Agriculture Agricultural Research Service
US Horticultural Research Laboratory 2001 South Rock Road Fort Pierce, FL 34945
The US Department of Agriculture, Agricultural Research Service, U.S Horticultural Research Laboratory needs a single Contractor who can provide services, materials, equipment, supervision, transportation, labor, work plan, schedule, and assure the effective performance in replacing non-working lawn irrigation system, guarantee/warranty, and installation details. Project is located at 2001 South Rock Road, Ft Pierce, FL 34945.
1. SCOPE OF WORK
The project scope of work is written to bring the most successful lawn irrigation system available to the most cost-effective life of the project.
The general statement of work shall serve as general information only and shall not limit the Contractor’s responsibility or obligations to conform to all local, state, and federal labor laws necessary to replace the non-working lawn irrigation system as follows:
A. Contractor to install a compatible irrigation pump station including water pump, bladder tank, fusible controller with weather type enclosure, water filter, pressure gauges, 3” schedule 40 water supply line, fiberglass enclosure and other appurtenances.
a. Replace an existing 7.5 HP lithium base skid mount pump motor with new enclosed irrigation pump station that can deliver approximately 100 GPM at 60 psi at the station discharge point at over 10’ lift.
i. 7.5 HP centrifugal pump motor with flanged suction and discharge connection with totally enclosed fan cooled motor, loss of prime protection, and thermal over load protection.
ii. New skid mount pump motor assembly to fit existing concrete pad measured approximately 5’ x 7’.
b. Bladder can be able to hold approximately maximum pressure of 100 psi and relief pressure of 75 psi.
c. Corrosion resistant discharge header with hot dipped galvanized grooved pipe and fittings.
d. Install a single Variable Frequency Drive (VFD) configured to control water pump soft ramp up and ramp down operation.
VFD with fault protection and force air cooling.
e. Irrigation motor controller to sequence the motor pump start with magnetic flow sensor to operate the pump, pressure control to control flow range, remote power reboot capability, user friendly web interface, thermal protection, surge protection arrestor as manufacturer recommendation.
f. Install isolation valves for maintenance.
g. Replace 3” PVC supply pipe and 1” PVC over pressure supply line that run from the retention pond of approximately about 30’. Both PVC pipes shall be graded schedule 40.
i. All trenches shall be straight with bottoms on uniform slopes. Trench shall be graded along the entire length to ensure firm bedding of the pipe.
ii. Over excavation shall be backfilled and hand tampered prior to pipe installation.
iii. Install water filter at the end of each pipe to prevent any debris from being pulled to water pump motor.
h. Install new reinforced chemical/weatherproof resistant water pump station (i.e. fiberglass) enclosure with stainless steel lockable hardware. Powder coated steel enclosure not acceptable.
i. Provide tilted air vent grill to ventilate motor pump and controllers.
ii. Enclosure must have stainless steel hinges and an easy lift handle.
i. Contractor responsible for the removal and disposal of old unit.
B. Contractor shall ensure all components of the new lawn irrigation system are in proper working order, as per manufacturers specifications, by inspecting the entire system at time of completion.
a. Source of water for the entire irrigation system controlled by some type of master shut off valve near the Point Of Connection (POC).
b. Substitutions are not encouraged and as a general rule will not be allowed. Substitution will only be considered follow the bid award.
c. Pipes and fittings must be tight and leak free. Cement or caulking to seal leaks is prohibited.
d. Observe any pressure loss on pressure gauge.
C. Flushing of new irrigation main sections to remove any contamination or debris. Non floating screen not acceptable.
D. In house maintenance contractor to assist in temporary disconnect and reconnect power to the new irrigation system.
E. Installation of control wires to match existing and restore original functionality.
F. Project shall include repair to existing landscape irrigation systems for all areas disturbed during construction.
G. Perform start up and calibration of the system until final acceptance.
Not included in the Scope of Work:
1. Existing Hunter Rain Bird controller.
2. Existing Rain sensor.
3. Electric main feeder conductors.
2. CONTRACTOR QUALIFICATIONS
a. The Contractor’s firm must have a thorough understanding in structurally sound in lawn irrigation system, construction and renovation. Employees who will be carrying out the assigned task must have a minimum of at least five (5) continuous years’ experience in installing and maintenance of lawn irrigation system.
b. The Contractor is recommended to be present during the scheduled site visit to get familiarize with the location and the scope of work to qualify in the bidding process.
c. Contractor must provide a minimum of (5) completed lawn irrigation project references with photos to qualify in the bidding process.
d. The contractor shall carry sufficient manpower, tools, and equipment to perform the assigned tasks.
3. CONTRACTOR RESPONSIBILITIES
a. Contractor responsible to obtain actual field measurements during the site visit to validate the entire size and project scope before bidding on the project.
b. The structures are of various modular sizes and are approximate and not all inclusive.
c. All services shall be completed in a workmanship manner and in accordance with industry standards. Any services which shall not present in an orderly and reasonable neat and or workmanlike appearance shall be reworked when so directed by the Contracting Officer Representative (COR) at no cost to the Government.
d. The commencement of this project shall begin after all the materials are verified complete.
e. The contractor service truck shall carry sufficient tools and equipment to perform assigned tasks.
f. Contractor shall be responsible for all aspects of safety administration of this project and must be following OSHA safety regulations. Post safety signs and “wet signs” in areas while work is in progress.
g. Contractor to submit Execution Plan and Quality Control Plan to assure in compliance with project’s statement of work.
h. Contractor shall not perform any supplemental services without the Contracting Officer approval. Supplemental services request shall contain detailed description and cost estimate.
i. Contractor shall be responsible on the job site for the actions of its personnel and Sub-Contractor (s) who are associated with the performance on this contract.
j. Upon completion of work, the Contactor is responsible for cleaning and removing from the job site all debris, waste materials, and equipment associated with the work performed.
k. Contractor to clean work area including exterior perimeter of all construction related debris. Contractor will ensure all debris, especially screws/fastener, are picked up to ensure the government/employee vehicles are not exposed to potential flat tires due to screws/fastener in parking lots and grass areas.
4. WARRANTIES
a. The Contractor shall provide necessary workmanship in such a manner that does not damage the Government property.
In the event damage occurs to the property, or any adjacent property by reason of any repairs or installations performed under this contract, the Contractor shall replace or repair the same at no cost to the Government.
b. All materials and equipment for this project shall be brand new. Reconditioned materials and equipment not acceptable.
c. Unless otherwise specified, contractor’s purchases will carry the manufacturer’s standard warranty after receipt of materials or equipment by the purchaser. In the event of conflict between contract terms and conditions and warranty submitted, to afford the Government maximum benefits, the contract terms and condition shall prevail. The warranty shall become effective following the acceptance date and cover a standard period of 12 months on workmanship or natural defect.
d. Contractor warrants that all workmanship provided under the contract shall fit for the purpose (s) for which intended and shall conform to the requirements and specifications herein.
Acceptance of any service and inspection incidental thereto by the Government shall not alter or affect the obligations of the Contractor.
e. Upon completion of work, submit written warranty for labor and materials without monetary limitation signed by Contractor.
5. GOVERNMENT RESPONSIBILITIES
a. To provide access to the facility during working hours Monday through Friday 7:00 AM till 4:00 PM, excluding all Government holidays, until work is completed. Work schedule other than working hours must be coordinated with the Government authorized representative for approval.
The Government observes the following holidays:
New Years’ Day January 1 Martin Luther King Jr. Day Third Monday January President’s Day Third Monday February Memorial Day Last Monday in May
Juneteenth Day June 19th Independence Day July 4th
Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11th Thanksgiving Fourth Thursday in
November Christmas December 25th
Note: When holiday falls on a Saturday, the proceeding Friday shall be considered a holiday. When a holiday falls on a Sunday, the following Monday will be considered a holiday. Contractor service, as scheduled by Contractor, to be performed on days that fall on observed holidays will be performed the following working day.
b. No waiver by the Government. The failure of the Government to insist upon the strict performance of anyone or more of the terms of this contract shall not be construed as a waiver or relinquishment of the right to assert or rely upon strict performance or option on any future occasion.
c. The Contractor will not be granted access to classified information but will be required to perform duties in controlled areas whereas classified information is process and stored provided will abide by all security regulations imposed.
d. The Government will furnish utility services (water & electricity) for the completion of the project.
e. The Government will assume no responsibility for Contractor materials and equipment which are damaged due to mishandling, misuse, and abuse.
f. The Government will make every effort to review and process Contractor payment requests in an expeditious manner, thereby assuring the earliest possible payment under the contract terms and provisions.
6. REPORTING REQUIREMENTS AND DELIVERIES
a. The submitted project price quotes to be all inclusive. That is, any cost over runs to be absorbed by the Contractor, or cost savings to be additional profit. All change orders in the contract must be in writing, referencing the contract serial number, and approved by the Contracting Officer prior to any authorization to proceed. The Contractor who fails to acquire change orders in writing runs the risk of incurring these additional costs without payment. All Contractors are to have an opportunity to quote on service scope of work.
b. Proposed pricing shall include everything the Contractor anticipates necessary to complete the job (i.e., rental equipment, labor, supervision, transportation, subcontractor costs, mobilization costs, demobilization costs, permits, etc.). These costs to be part of the overall proposed price and as such not itemized.
c. Submit the price proposal product data, list of materials and equipment to use. Specify the manufacturer, model number, type, and specifications. Submittals must include all materials list include motors, pipes, fittings, water emission components and control system components.
d. Submit manufacturer catalog cuts, specifications, and operating instructions for equipment shown on materials list.
e. Generic submittal data will not be accepted.
f. Request payment in accordance with the terms of the contract shall consist of:
e.1. Contractor’s monthly invoice must be presented for payment at the completion of the service.
e.2. Obligation of the government to make any payments shall, in the discretion of the CO, be subject to (1) reasonable deductions on account of defects in materials or workmanship, and (2) any overpayments to the contractor shall, unless otherwise adjusted, be repaid to the government upon demand.
e.3. Payments will not be made for materials and equipment in transit.
g. The Contractor shall report to the CO or authorized representative by telephone, any accidents involving injury, death, damaged to Government property resulting from the activities of the Contractors, his subcontractors or employees within the time limit set forth in the Contractor’s Safety and Health Plan.
f.1. The Contractor written accident report shall be forwarded to the COR or COR within 1 hour.
f.2. The Contractor shall cooperate and provide data to any follow up investigation of an accident.
7. PROGRAM MANAGEMENT AND CONTROL REQUIREMENTS
The work is under the general direction of the Contracting Officer or designated Contracting Officer Representatives, referred to as “COR”.
Except in connection with major disputes, the Contracting Officer (CO) has complete charge of the work and of the Government. The actions taken pursuant thereto are not intended to and shall not relieve the Contractor of responsibility for the accomplishment of the work either as regards sufficiency or time of performance.
a. The Contractor shall provide a Contract Manager who shall be responsible for the performance of work. This individual is responsible for the supervision, administration, and coordination of all required services and shall be the direct point of contact with the Government. The person assigned and alternate (s) who shall act for the Contractor shall be designated in writing to the CO prior to the award. When the Contract Manager is absent, the Contractor shall provide the telephone number of the Contract Manager and alternate(s) where these persons may be contacted outside normal duty hours.
b. The Contract Manager or alternate shall meet as necessary with Government personnel designated by CO to discuss problem areas. After normal duty hours, the Contract Manager or alternate shall be available within 2 hours upon request without any cost to the Government.
c. The Contractor shall ensure that employees have the following current and valid certified qualifications to perform the work.
Employees who are not properly certified and qualified will not be allowed to perform the work.
d. The Contractor will not employ persons to work for this contract if such employee is identified to the contractor by the CO or authorized representative as a potential threat to health, safety, security, general well-being or operational mission of the facility and its employees.
e. The Contractor will provide a listing of all personnel performing work under this contract. Any changes to the personnel list must be made in writing prior implementation of such change (s).
f. The Contractor will develop and maintain a work schedule for each area to achieve performance standards as identified. The work schedule should indicate the task and frequencies for each work description identified. Fifteen days before commencement date of contract, the Contractor will submit to the CO the planned work schedules. Notify the CO or his authorized representative in writing of any pending changes to the service schedule five days before implementation.
g. The Contractor shall be responsible for safeguarding Government property. At the close of each work period, government facilities, equipment and materials shall be secured. Prior to leaving, the Contractor’s work area shall be clean and secure to prevent theft or vandalism.
h. The Contractor shall be responsible for any damage caused by their personnel to the building, finishes, furnishings, equipment, etc., and shall repair, clean, replace, or restore damaged items to the condition existing prior to the item being damaged. Report on damages to COR.
i. The Contractor shall ensure all personnel are alert to and report any facility discrepancies observed to the Contractor’s Supervisor on duty who shall notify the COR. Report any damage to fixtures, structures, clogged or inoperable drains, or other conditions which prevent the proper performance of their duties. Report all evidence of vermin infestations (i.e., ants, mice, bugs, etc.) to COR immediately upon discovery.
j. The Contractor will establish and maintain his complete Quality Control plan to ensure the requirements of this contract are met. A Quality Control plan will be considered as work or service will be subject to acceptance throughout the term of the contract, to include extensions of contract terms.
Submit daily reports to track the progress and quality of the project.
8. INSPECTION AND ACCEPTANCE REQUIREMENTS
a. The Contracting Officer (CO) will assign a Contacting Officer
Representative (COR) to the project that will be the primary point of contact for the Contractor with the Government.
b. The COR will review the Contractor quality control program, perform surveillance of Contractor’s testing and inspection procedures, and perform such job inspections as deemed necessary. Agricultural Research Service reserves the right to perform any inspections set forth herein.
c. COR will visit the work site whenever it is considered necessary or advisable. The Government will monitor the Contractors performance using different methods of inspection. Contractor shall correct any deficiencies identified during inspection at no additional cost to the Government.
d. The Government reserves the right to use other methods of inspection as necessary to assure Contractor performance meets all the requirements of the contract.
e. If re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.
f. As a minimum, inspection procedures shall be performed and recorded to ensure that all requirements are satisfied, and good safety practices are followed.
g. All work accomplished by the Contractor is not in compliance with the contract specifications for which Government approval is not obtained, if discovered by Government field inspection, shall be completely reworked, and replaced in accordance with the specifications at no additional cost to the Government. In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by the Contracting Officer and be given one day to correct the work. Labor for all re-work will be at no cost to the government.
9. ENVIRONMENTAL PROTECTION
As general requirements, Contractor shall provide and maintain environmental protection during the life of the contract as defined herein. Environmental protection shall be provided to correct conditions that develop during the construction of permanent environmental protection features, or that are required to control pollution that develops during normal construction practices. The Contractor’s operations shall comply with all federal, state, and local regulations pertaining to water, air, solid waste, hazardous waste and substances, and oily substances. Contractor shall transport all waste off the Government property and dispose of it in a manner that complies with federal, state, and local requirements at his own expense.
a. The location is a “Smoke Free” facility. The Contractor and its Sub-Contractor shall adhere to all applicable rules and regulations regarding the “Smoke Free” environment on the job site.
b. The Contractor shall provide spill and clean up contingency plan in response to emergency in nature on a 24 hour on-call basis.
c. If Contractor spills or releases any substance into the environment, the contractor or its agent shall immediately report the incident to the CO or COR.
d. The liability for the spill or release of such substance rests solely with the Contractor and its agent. A written report shall be submitted to the CO no later than 24 hours after the initial telephonic report. The report shall be in narrative form and as a minimum include the following:
c.1. Description of item spilled (identity, quantity, manifest number).
c.2. Exact time and location of the spill including area involved.
c.3. Containment procedures initiated.
c.4. Description of clean procedures employed or to be employed at the site includes disposal location of spill residue.
10. CONSERVATION OF UTILITIES
a. Contractor shall instruct employees in utilities conservation.
practices. The Contractor shall be responsible for operating under conditions which preclude the waste of utilities, which shall include lights and water shall be used only in areas where and when work is performed.
b. Mechanical equipment controls for heating, venting, air conditioning systems shall not be adjusted by contractor or contractor employees unless authorized.
c. Water faucets or valves shall be turned off after required usage has been accomplished.
11. PHOTOS
a. Lawn Irrigation Assembly
b. Lawn Irrigation Plumbing
c. Irrigation Controller
d. Irrigation Enclosure
e. Irrigation Timer
f. Irrigation Secondary Water Filter, Water Meter & Isolation
Valve
g. Rain Sensor
h. 3 Inch PVC Supply & Over Pressure Pipe Detention Pond
WITH Non-Floating Water Filter
11. PHOTOS
a. Lawn Irrigation Assembly
b. Lawn Irrigation Plumbing
c. Irrigation Controller
d. Irrigation Enclosure
e. Irrigation Timer
f. Irrigation Secondary Water Fitter, Water Meter & Isolation Valve
g. Rain Sensor
h. 3 Inch PVC Supply & Over Pressure Pipe To Detention Pond With Non-Floating Water Filter
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
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 items:
(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).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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. 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 items:
[Contracting Officer check as appropriate.]
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995)
(41 U.S.C. 4704 and 10 U.S.C. 4655).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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.)
__ (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. (Jun 2020) (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].
(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).
(ii) Alternate I (Mar 2020) of 52.219-4.
(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) of 52.219-6.
(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.
(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
X
X https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_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. 637s).
(24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sept 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 Representation (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 (Sept 2021) (15U.S.C. 637(a)(17)).
__ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) __ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(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 (Jul 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 (Jul 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 (Oct 2020) (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).
(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 items as prescribed in 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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(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.)
(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 (Jun2014) 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 (Jun2016) (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) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).
__ (53) 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. 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).
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X https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#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/52.219-33#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/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13
__ (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 (Nov2007) (42 U.S.C. 5150).
(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (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 (Oct2018) (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 Safeguards (Aug 1996) (5 U.S.C. 552a).
(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
(67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and
10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(iii) Alternate II (Feb 2006) 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 items:
[Contracting Officer check as appropriate.]
(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 excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1)…
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