FA301621R0010 Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA301621R0010

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Additional Information /Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Shuttle Bus Services- Bus Services Miles /Hours POP: 01 Feb 22 through 31 Oct 22.

See price list attachment 5.

Product Service Code: V222 Firm Fixed Price

1 Lot

Daily Operations POP: 01 Feb 22 through 31 Oct 22 IAW PWS 1.10.3.2.

Firm Fixed Price

9 Months

COVID-19 Driver PPE POP: 01 Feb 22 through 31 Oct 22. IAW PWS 1.3.2.2. with estimated quantities of 300 runs per month.

Firm Fixed Price

2,700 Each

Phase In- Transition Period POP: 01 Nov 21 through 31 Jan 22.

Firm Fixed Price

3 Months

Shuttle Bus Services- Bus Services Miles /Hours POP: 01 Nov 22 through 31 Oct 23.

See price list attachment 5.

Product Service Code: V222 Firm Fixed Price

1 Lot

Daily Operations POP: 01 Nov 22 through 31 Oct 23 IAW PWS 1.10.3.2.

Firm Fixed Price

12 Months

COVID-19 Driver PPE POP: 01 Nov 22 through 31 Oct 23 IAW PWS 1.3.2.2. with an estimated quantities of 300 runs per month.

Firm Fixed Price

3,600 Each

Shuttle Bus Services- Bus Services Miles /Hours POP: 01 Nov 23 through 31 Oct 24.

See price list attachment 5.

Product Service Code: V222 Firm Fixed Price

1 Lot

Daily Operations POP: 01 Nov 23 through 31 Oct 24 IAW PWS 1.10.3.2.

Firm Fixed Price

12 Months

COVID-19 Driver PPE POP: 01 Nov 23 through 31 Oct 24 IAW PWS 1.3.2.2. with estimated quantities of 300 runs per month Firm Fixed Price

3,600 Each

Shuttle Bus Services- Bus Services Miles /Hours POP: 01 Nov 24 through 31 Oct 25.

See price list attachment 5.

Product Service Code: V222 Firm Fixed Price

1 Lot

Daily Operations POP: 01 Nov 24 through 31 Oct 25 IAW PWS 1.10.3.2.

Firm Fixed Price

12 Months

COVID-19 Driver PPE POP: 01 Nov 24 through 31 Oct 25 IAW PWS 1.3.2.2. with an estimated quantities of 300 runs per month.

Firm Fixed Price

3,600 Each

Shuttle Bus Services- Bus Services Miles /Hours POP: 01 Nov 25 through 31 Oct 26.

See price list attachment 5.

Product Service Code: V222 Firm Fixed Price

1 Lot

Daily Operations POP: 01 Nov 25 through 31 Oct 26 IAW PWS 1.10.3.2.

Firm Fixed Price

12 Months

COVID-19 Driver PPE POP: 01 Nov 25 through 31 Oct 26 IAW PWS 1.3.2.2. with estimated quantities of 300 runs per month.

Firm Fixed Price

3,600 Each

Description/Specifications/Statement of Work

See Attachment 1

Requirements JBSA Bus Services in Support of Directed Mass Transportation/ Student Training Transportation Needs to Include Daily Shuttle Services Throughout JBSA and Schedule/Unscheduled Passenger Transportation to Support Travel requirements up to 150-miles one way from JBSA dispatch as defined on the PWS.

Packaging and Marking

Inspection and Acceptance

0101 Inspection and Acceptance Location Both Destination Instructions: Contracting Officer Representative will review and approve all invoices via WAWF.

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Email:

Telephone: xxx-xxx-xxxx

0102 Inspection and Acceptance Location Both Destination Instructions: Contracting Officer Representative will reviewed and approve all invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0103 Inspection and Acceptance Location Both Destination Instructions: Contracting Officer Representative will reviewed and approve all invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0104 Inspection and Acceptance Location Both Destination Instructions: Contracting Officer Representative will reviewed and approve all invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0201 Inspection and Acceptance Location Both Destination Instructions: Contracting Officer Representative will reviewed and approve all invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0203 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Email:

Telephone: xxx-xxx-xxxx

0301 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0302 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0303 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0401 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0402 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0403 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0501 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0502 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

0503 Inspection and Acceptance Location Both Destination Instructions: The Contracting Officer Representative will review and approve invoices via WAWF

DoDAAC: F2M3LY Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

802 LRS LGRV

AF BPN NO MILSBILLS PROCESSES

2130 GARY AVE

LACKLAND AFB, TX 78236 5600

UNITED STATES

OfficeCode:

TBD

Telephone: xxx-xxx-xxxx Email:

Deliveries or Performance

Contractor Destination

Delivery Schedule

Period of Performance From

01 FEB 2022

To

31 OCT 2022

Delivery Schedule

Period of Performance From

01 FEB 2022

To

31 OCT 2022

Delivery Schedule

Period of Performance From

01 FEB 2022

To

31 OCT 2022

Delivery Schedule

Period of Performance From

01 NOV 2021

To

31 JAN 2022

Delivery Schedule

Period of Performance From

01 NOV 2022

To

31 OCT 2023

Delivery Schedule

Period of Performance From

01 NOV 2022

To

31 OCT 2023

Delivery Schedule

Period of Performance From

01 NOV 2022

To

31 OCT 2023

Delivery Schedule

Period of Performance From

01 NOV 2023

To

31 OCT 2024

Delivery Schedule

Period of Performance From

01 NOV 2023

To

31 OCT 2024

Delivery Schedule

Period of Performance From

01 NOV 2023

To

31 OCT 2024

Delivery Schedule

Period of Performance From

01 NOV 2024

To

31 OCT 2025

Delivery Schedule

Period of Performance From

01 NOV 2024

To

31 OCT 2025

Delivery Schedule

Period of Performance From

01 NOV 2024

To

31 OCT 2025

Delivery Schedule

Period of Performance From

01 NOV 2025

To

31 OCT 2026

Delivery Schedule

Period of Performance From

01 NOV 2025

To

31 OCT 2026

Delivery Schedule

Period of Performance From

01 OCT 2026

To

31 OCT 2026

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. 2020-04 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

_------------------------------------------------------2-IN -1 --------------------------------------------------------------

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA3016 Admin DoDAAC FA3016 Inspect By DoDAAC F2M3LY Ship To Code NA Ship From Code NA Mark For Code NA Service Approver (DoDAAC) F2M3LY Service Acceptor (DoDAAC) F2M3LY Accept at Other DoDAAC NA LPO DoDAAC NA DCAA Auditor DoDAAC NA Other DoDAAC(s) NA

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).) NA

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

ACCEPTOR(S): TBD at time of Award.

VIEW ONLY: Ms. Ines Corbett, Contract Administrator, Email: ines.corbett@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

252.232-7007 Limitation of Government's Obligation. 2014-04

As prescribed in 232.705-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) [TBD as needed] is/are incrementally funded. For this/these item(s), the sum of $ [TBD as needed] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph

(a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ X (month) (day), (year) $ ____ (month) (day), (year) $ ____ (month) (day), (year) $ ____

Special Contract Requirements

Contract Clauses

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS - 2020 -10

Reference FAR 52.212-4, Paragraph (c ) is hereby tailored as follows:

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc, which may changed unilaterally by the Government.

Reference FAR 52.212-4, Paragraph (n) is hereby tailored as follows:

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. Title for commercially-available off the-shelf (COTS) Software is exempt from this paragraph. The terms and conditions of the Software Licensing Agreement shall prevail in lieu thereof.

(End of Addendum)

52.212-2 Evaluation - Commercial Items - 2014-08

PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK

UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES--

REPRESENTATION (DEVIATION 2021-O0003) (APRIL 2021)

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L.

116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites.

(End of provision)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-6 Deviation 2020-O0008 Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008) (Revision 2) 2020-11 52.232-1 Payments. 1984-04 52.232-8 Discounts for Prompt Payment. 2002-02 52.232-11 Extras. 1984-04 52.232-23 Assignment of Claims. 2014-05

52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.245-1 Government Property. 2017-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09

252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:

2019-08

252.204-7000 Disclosure of Information 2016-10 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

2016-10

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2021-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2020-11 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04

252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items. 2020-10 252.245-7002 Reporting Loss of Government Property 2021-01 252.245-7003 Contractor Property Management System Administration 2012-04

FAR Clauses Incorporated by Full Text

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

2020-08

As prescribed in , insert the following clause:4.2105(b)

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

As used in this clause-(a) Definitions.

means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( , Backhaul e.g.

connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, e.g.

Ethernet).

means The People's Republic of China.Covered foreign country means–Covered telecommunications equipment or services

Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such (1) entities);

For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other (2) national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

Telecommunications or video surveillance services provided by such entities or using such equipment; or(3)

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in (4) consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

means–Critical technology

Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms (1) Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under (2) subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, (i) nuclear nonproliferation, or missile technology; or

For reasons relating to regional stability or surreptitious listening;(ii)

Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of (3) title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of (4) nuclear equipment and material);

Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title (5) 42 of such Code; or

Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. (6) 4817).

means arrangements governing the physical connection of two or more networks to allow the use of another's Interconnection arrangements network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone e.g.

company B) or sharing data and other information resources.

means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or Reasonable inquiry provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the Roaming e.g.

facilities of the home network either because signal coverage is too weak or because traffic is too high.

means any component necessary for the proper function or performance of a piece of equipment, system, or Substantial or essential component service.

. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

This clause does not prohibit contractors from providing-(c) Exceptions.

A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or(1)

Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such (2) equipment transmits or otherwise handles.

Reporting requirement. (d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or (1) essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause(2)

Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; (i) supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about (ii) mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all (e) Subcontracts.

subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2021-

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(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 and Other Covered Entities (Jul 2018) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

2402).

[X ] (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C)

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

(Jun 2020) (31 U.S.C. 6101 note).

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

[ ] (10) [Reserved].

[ ] (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (Mar 2020) of 52.219-3.

[ ] (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (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.

[ ] (13) [Reserved]

[ ] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-6.

[ ] (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-7.

[X ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9

[ ] (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (Mar 2020) of 52.219-13.

[ ] (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

[X ] (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

[ X] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

[X ] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X ] (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

[ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X ] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[ X] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[X ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[ X] (35) (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).

[ ] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

[ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)).

(Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

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

[ ] (ii) Alternate I (Jun2014) of 52.223-14.

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

[ ] (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

[ X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

[ ] (47)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

[ ] (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (Jan 2021) of 52.225-3.

[ ] (iii) Alternate II (Jan 2021) of 52.225-3.

[ ] (iv) Alternate III (Jan 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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).

[X ] (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).

[X ] (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).

[ X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

[ X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

X (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

X (ii) 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.