Solicitation - FA850124R0003 (1).pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On: 19 Jan 2024, 08:22 AM Central Standard Time

Section A - Solicitation/Contract Form

INTERRUPTIBLE NATURAL GAS FOR ROBINS AFB

FA850124R0003

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached general and technical provisions and Performance Work Statement.

Proposals Must include:

Completed Rate Schedule (Base + Options)- Attachment found in the List of Attachments.

Provide copy of Special Standard of Responsibility documentation.

Signed SF33 acknowledging any amendments (if applicable).

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

ANNUAL OPTION I

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached general and technical provisions and Performance Work Statement.

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

ANNUAL OPTION II

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached general and technical provisions and Performance Work Statement.

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

ANNUAL OPTION III

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached general and technical provisions and Performance Work Statement.

1 Lot

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

Option Line Item

ANNUAL OPTION IV

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached general and technical provisions and Performance Work Statement.

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

ANNUAL OPTION V

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached general and technical provisions and Performance Work Statement.

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

ANNUAL OPTION VI

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached general and technical provisions and Performance Work Statement.

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

ANNUAL OPTION VII

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached general and technical provisions and Performance Work Statement.

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

ANNUAL OPTION VIII

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached 1 Lot general and technical provisions and Performance Work Statement.

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

Option Line Item

ANNUAL OPTION IX

INTERRUPTIBLE NATURAL GAS

Furnish regulated interruptible natural gas utility service on a full service basis including transportation and all associated services requested by the government from the contractor at the premises to be served in accordance with the attached general and technical provisions and Performance Work Statement.

Product Service Code: S111 Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

Requirements

INTERRUPTIBLE NATURAL GAS FOR ROBINS AFB

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Inspection and Acceptance Location

Both Destination

DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Section F - Deliveries or Performance

Delivery Period Delivery Date 01 Mar 2024

Line Item Delivery Schedule Quantity Address and POC

Delivery Period From 01 Mar 2024 to 28 Feb 2025

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Delivery Period From 01 Mar 2025 to 28 Feb 2026

Period of Performance From 01 Mar 2025 To 28 Feb 2026

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Delivery Period From 01 Mar 2026 to 28 Feb 2027

Period of Performance From 01 Mar 2026 To 28 Feb 2027

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Delivery Period From 01 Mar 2027 to 29 Feb 2028

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

Option Line Item

Period of Performance From 01 Mar 2027 To 29 Feb 2028

ROBINS, GA 31098

UNITED STATES

John Jacbos Email: john.jacobs.18@us.af.mil Telephone: 497-5927

Option Line Item

Delivery Period From 01 Mar 2028 to 28 Feb 2029

Period of Performance From 01 Mar 2028 To 28 Feb 2029

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Delivery Period From 01 Mar 2029 to 28 Feb 2030

Period of Performance From 01 Mar 2029 To 28 Feb 2030

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Delivery Period From 01 Mar 2030 to 28 Feb 2031

Period of Performance From 01 Mar 2030 To

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

28 Feb 2031

Option Line Item

Delivery Period From 01 Mar 2031 to 29 Feb 2032

Period of Performance From 01 Mar 2031 To 28 Feb 2032

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Delivery Period From 01 Mar 2032 to 28 Feb 2033

Period of Performance From 01 Mar 2032 To 28 Feb 2033

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Option Line Item

Delivery Period From 01 Mar 2033 to 28 Feb 2034

Period of Performance From 01 Mar 2033 To 28 Feb 2034

1 Lot Place of Performance DoDAAC: F3Q2AD CountryCode: USA

CIVIL ENGINEER GROUP CEG

AF BPN NO MILSBILLS PROCESSES, 775 MACON ST

ROBINS, GA 31098

UNITED STATES

John Jacobs Email: john.jacobs.18@us.af.mil Telephone: 497-8927

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

Section H - Special Contract Requirements

Section I - Contract Clauses

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) (IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN 2023) (IAW DFARS 205.470, DFARS 212.301(f)(iii))

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (DEC 2019) (IAW DFARS 219.708(b)(1)(A), DFARS 219.708(b)(1)(A)(1))

252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (DEC 2022) (IAW DFARS 219.708(b)(1)(B))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) (IAW DFARS 225.7002-3(a))

252.225-7061 RESTRICTION ON THE ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT AND CERTAIN OTHER ITEMS FROM

NON-ALLIED FOREIGN NATIONS (JAN 2023) (IAW DFARS 225.7023-4)

252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS (DEVIATION 2020- O0015) (MAY 2020) (IAW Deviation 2020-O0015)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN

SMALL BUSINESS CONCERNS (JAN 2023) (IAW DFARS 226.104)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022) (IAW DFARS 243.205-71)

ADDENDUM TO CLAUSE 52.212-4

52.203-3 GRATUITIES (APR 1984) (IAW FAR 3.202)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause-- Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.

Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021) (IAW DFARS 204.804-70)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) (IAW FAR 12.301(b)(3))

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013) (IAW DFARS 225.7901-4)

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (JAN 2023) (IAW DFARS 225.7018-5)

(a) Definitions. As used in this clause-- Covered contract means any DoD contract or subcontract with a value in excess of $5 million, not including contracts for commercial products and commercial services. Covered entity means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, including any subsidiary thereof, performing work on a covered contract in the People's Republic of China, including by leasing or owning real property used in the performance of the covered contract in the People's Republic of China.

(b) Disclosure requirement.

(1) In accordance with section 855 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L.

117-81, 10 U.S.C. 4651 note prec.), DoD may not award, extend, or exercise an option on a covered contract with a covered entity unless such covered entity submits each required disclosure of its use of workforce and facilities in the People's Republic of China, if it employs one or more individuals who perform work in the People's Republic of China on a covered contract.

(2) If the Contractor is a covered entity, the Contractor shall disclose for the Government's fiscal years 2023 and 2024, the Contractor's employment of one or more individuals who perform work in the People's Republic of China on any covered contract. The disclosures shall include--

(i) The total number of such individuals who perform work in the People's Republic of China on the covered contracts funded by DoD; and

(ii) A description of the physical presence, including street address or addresses in the People's Republic of China, where work on the covered contract is performed.

(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), without alteration other than to identify the appropriate parties, in all subcontracts that meet the definition of a covered contract.

252.229-7014 FULL EXEMPTION FROM TWO-PERCENT EXCISE TAX ON CERTAIN FOREIGN PROCUREMENTS. (OCT 2022) (IAW DFARS 229-402(k))

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (IAW FAR 32.706-3)

52.241-2 ORDER OF PRECEDENCE-UTILITIES (FEB 1995) (IAW FAR 41.501(c)(1))

52.241-4 Change in Class of Service.

CHANGE IN CLASS OF SERVICE (FEB 1995)

(a) In the event of a change in the class of service, such service shall be provided at the Contractor's lowest available rate schedule applicable to the class of service furnished.

(b) Where the Contractor does not have on file with the regulatory body approved rate schedules applicable to services provided, no clause in this contract shall preclude the parties from negotiating a rate schedule applicable to the class of service furnished.

(End of clause)

52.241-5 CONTRACTOR'S FACILITIES (FEB 1995) (IAW FAR 41.501(c)(4))

252.241-7001 GOVERNMENT ACCESS (DEC 1991) (IAW DFARS 241.501-70(b))

252.243-7999 SECTION 3610 REIMBURSEMENT (DEVIATION 2020-O0021) (AUG 2020) (IAW Deviation 2020-O0021, Revision 3)

5352.201-9101 OMBUDSMAN (JUN 2023) (IAW DAFFARS 5301.9103)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Thomas (Tom) Eller, D.B.A. at 478 222 -1088 , FAX 000 000 -0000 , email thomas.eller.1@us.af.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Department of the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS)

ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (JUL 2023)

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Department of the Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Department of the Air Force definition of a Class I ODS.]

5352.242-9000 Contractor Access to Department of the Air Force Installations

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (JUL 2023)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Department of the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and [ insert any additional requirements to comply with local security procedures ] to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101 , Integrated Defense, and DODMAN5200.02_AFMAN 16-1405 , Air Force Personnel Security Program ] citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management Maintenance. Oct 2018

52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

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

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Jan 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.

(Nov 2023)

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

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Nov 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) 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 (Section 1634 of Pub. L. 115-91).(Nov 2021)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (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 (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

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

[ .]Contracting Officer check as appropriate

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. (Jun 2020), Alternate I (Nov 2021) 4655).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(Nov 2021)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).[X](5) (Jun 2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).[X] (9) (Jun 2023)

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. [X] (10) (31 U.S.C. 6101 note).(Nov 2021)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).[X] (11) (Oct 2018)

[Reserved].(12)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(13) Oct 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the [X] (14) Oct 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](15)

(16)

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

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

(17)

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

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

52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).[X] (18) Sep 2023

(19)

[X] (i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Sep 2023

(ii) Alternate I (Nov 2016) of 52.219-9.

Alternate II of 52.219-9.[X] (iii) (Nov 2016)

Alternate III of 52.219-9.(iv) (Jun 2020)

Alternate IV ( ) of 52.219-9.(v) Sep 2023

(20)

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

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

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).(21) Oct 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).[X] (22) (Sep 2021)

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( ) (15 U.S.C. 657f).(23) Oct 2022

(24)

[X] (i) 52.219-28, Post Award Small Business Program Representation ( )(15 U.S.C. 632(a)(2)).Sep 2023

Alternate I of 52.219-28.(ii) (Mar 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) (25) Oct 2022 (15 U.S.C. 637(m)).

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (26) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(27) (Mar 2020)

52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(28) (Sep 2021)

52.222-3, Convict Labor (E.O.11755).[X] (29) (Jun 2003)

52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(30) (Dec 2022)

52.222-21, Prohibition of Segregated Facilities .[X] (31) (Apr 2015)

(32)

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

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

(33)

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

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

(34)

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

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

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).[X] (35) Jun 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).[x](36) (Dec 2010)

(37)

[X] (i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)

52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (38) (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(39)

(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.)

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

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(40)

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(41) (Jun 2016)

(42)

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

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

(43)

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

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

52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(44) (May 2020)

(45)

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

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

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).[X] (46) (Jun 2020)

52.223-20, Aerosols (E.O. 13693).(47) (Jun 2016)

52.223-21, Foams (Jun2016) (E.O. 13693).(48)

(49)

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

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

(50)

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

Alternate I of 52.225-1.(ii) (Oct 2022)

(51)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (Dec 2022) 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.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) ( 2022)Dec

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

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(52) (Dec 2022) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign [X] (53) (Feb 2021) Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (54) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(55)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(56)

52.229-12, Tax on Certain Foreign Procurements .[X] (57) (Feb 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(59) (Nov 2021)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).[X] (60) (Oct2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(61)

52.232-36, Payment by Third Party (31 U.S.C. 3332).(62) (May 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(63) (Aug 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).[X] (64) (Jan 2017)

(65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)

Alternate I of 52.247-64.(ii) (Apr 2003)

Alternate II of 52.247-64.(iii) (Nov 2021)

(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 products and commercial services:

[ ]Contracting Officer check as appropriate.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5) Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41 U.S.C. chapter 67).

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record 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 products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Section 1634 of Pub. L. 115-91).(Nov 2021)

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(vii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting Sep 2023 opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(ix) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2015)

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

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

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

(xiii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.

(xiv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)

(xv)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)

(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)

(xvi) 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).

(xvii) 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).

(xviii) 52.222-54, Employment Eligibility Verification (E.O. 12989).(May 2022)

(xix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)

(xx) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(xxi)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I of 52.224-3.(Jan 2017)

(xxii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (Jun 2020) paragraph (e) of FAR clause 52.226-6.

(xxiv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (Nov 2021) required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for…