Final -693JF726R000003.pdf
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- MARAD Protection & Indemnity Policy Services
- Solicitation number
- 693JF726R000003
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This is a Request for Proposal (RFP) issued by the U.S. Maritime Administration (MARAD) seeking a licensed marine insurance broker to establish and manage a fleet Protection & Indemnity (P&I) Policy for training ships owned by the U.S. Government and stationed at six State Maritime Academies. The contract will cover marine insurance brokerage services with policy limits of at least $1,000,000,000 for each training vessel, with a five-year performance period from February 19, 2026 to February 18, 2031. The solicitation includes an abbreviated base period and four 12-month option periods, with a firm-fixed-price contract type and a $15M size standard.
The RFP requires the broker to canvas the P&I club market, advise MARAD on coverage risks and costs, place fleet coverage annually, and support insurance claim processing. Specific requirements include providing an executive summary, demonstrating corporate experience in marine insurance brokering, submitting key personnel resumes with at least 10 years of marine insurance experience, and providing past performance references. The evaluation will be based on corporate experience (most important), key personnel resume, past performance, and price, with non-price factors being more significant than price. Proposals are due by January 30, 2026, at 4:00 PM EST, and must be submitted via email to Lisa Miles at Lisa.Miles@dot.gov.
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| File | Type | Posted |
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| Maritime Administration- Fleet COE..pdf | ||
| SOLICITATION QUESTIONS AND ANSWERS Protection and Indemnity Policy-RFP 693JF726R000003 LDA.xlsx | XLSX spreadsheet |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
CODE 16. ADMINISTERED BYCODE
X
X
524210
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR693JF7
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
12/31/2025
202-366-1932LISA MILES
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME
01/30/2026 1600 ET
b. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
693JF726R000003
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 36OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Multiple Destinations
15. DELIVER TO
WASHINGTON DC 20590-0001
MAIL STOP W-28-201
1200 NEW JERSEY AVENUE SE
OFFICE OF ACQUISITION MAR-380
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$15M
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
US DOT MARITIME ADMINISTRATION
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
MARAD seeks a licensed and experienced marine insurance broker to establish, manage and administer a fleet Protection & Indemnity (P&I) Policy to provide coverage for all of the risks associated with a standard marine P&I policy limits of at least $1,000,000,000 for each training ship owned by the U.S. Government that are berth at the six State Maritime Academies (SMAs).
Period of Performance: 02/19/2026 to 02/18/2031 Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
DOUGLAS KENNARD
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
00001 1 YR
00002 1 YR
Base Period- Brokerage Services- 5%
Period of Performance: 02/19/2026 to 02/18/2027
Base Period- P&I Policy Establishment
Period of Performance: 02/19/2026 to 02/18/2027
Option Year 1- Brokerage Services- 5%
Period of Performance: 02/19/2027 to 02/18/2028
Option Year 1 - P&I Policy Establishment
Period of Performance: 02/19/2027 to 02/18/2028
Option Year 2- Brokerage Services- 5%
Period of Performance: 02/19/2028 to 02/18/2029
Option Year 2- P&I Policy Establishment
Period of Performance: 02/19/2028 to 02/18/2029
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
372 of
00003
00004
00005
00006
YR
YR
YR
YR
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 37
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
693JF726R000003
00007 1 YR
00008 1 YR
00009 1 YR
Option Year 3- Brokerage Services- 5%
Period of Performance: 02/19/2029 to 02/18/2030
Option Year 3- P&I Policy Establishment
Period of Performance: 02/19/2029 to 02/18/2030
Option Year 4- Brokerage Services- 5% Period of Performance: 02/19/2030 to 02/18/2031
Option Year 4- P&I Policy Establishment Period of Performance: 02/19/2030 to 02/18/2031
Delivery Location Code: MARAD-00091
US DOTMARITIME ADMINISTRATION
OFFICE OF ACQUISITION
MAR-380
1200 NEW JERSEY AVENUE SE
MAIL STOP W-28-201
WASHINGTON DC 20590-0001 USA
Period of Performance: 02/19/2026 to 02/18/2031
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
00010 1 YR
REQUEST FOR PROPOSAL (RFP)
Solicitation #: 693JF726R000003
Marine Insurance Brokerage and Fleet Protection & Indemnity Insurance Services
December 2025
U.S. DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
WASHINGTON, DC
REQUEST FOR PROPOSAL Solicitation #: 693JF726R000003
1.0 STATEMENT OF WORK
1.1 OVERVIEW & BACKGROUND
The Maritime Administration (MARAD) seeks a licensed and experienced marine insurance broker to establish, manage and administer a fleet Protection & Indemnity (P&I) Policy to provide coverage for all of the risks associated with a standard marine P&I policy, with policy limits of at least $1,000,000,000 for each training ship owned by the U.S. Government that are berth at the six State Maritime Academies (SMAs). Below is an abbreviated listing of the vessels. In the future, MARAD may operate these vessels directly.
Vessel: T/S EMPIRE STATE Design Deadweight (tonnes): 7600 Year Built: 2023 Classification: ABS Location: Maritime College at Fort Schuyler, New York Midshipmen/Crew: 760
IMO#: 9910313
Vessel: T/S PATRIOT STATE Design Deadweight (tonnes): 7600 Year Built: 2024 Classification: ABS Location: Massachusetts Maritime Academy at Buzzard’s Bay, MA Midshipmen/Crew: 760
IMO#: 9910325
Vessel: T/S GOLDEN BEAR (to be decommissioned upon delivery of T/S GOLDEN
STATE)
Design Deadweight (tonnes): 6,483 LT Year Built: 1989 Classification: ABS Location: California Maritime Academy, Vallejo, California Midshipmen/Crew: 380
IMO#: 8834407
Vessel: T/S GOLDEN STATE Design Deadweight (tonnes): 7600 Year Built: scheduled 2026 Classification: ABS Location: Cal State Maritime, Vallejo, CA Midshipmen/Crew: 760 IMO#: (pending)
Vessel: T/S STATE OF MAINE Design Deadweight (tonnes): 7600 Year Built: scheduled 2025
Classification: ABS Location: Maine Maritime Academy at Castine, ME Midshipmen/Crew: 760 IMO#: (pending)
Vessel: T/S LONESTAR STATE Design Deadweight (tonnes): 7600 Year Built: scheduled 2026 Classification: ABS Location: Texas A&M Maritime Academy, Galveston, TX Midshipmen/Crew: 760 IMO#: (pending)
Vessel: T/S STATE OF MICHIGAN
DWT: 2,250 LT
Year Built: 1985 Classification: ABS Location: Great Lakes Maritime Academy, Traverse City, Michigan Midshipmen/Crew: 73
IMO#: 8835451
The primary mission of these training vessels is to train midshipmen to be officers for the merchant marine. These vessels may also be used for national emergency operations. These vessels will also transit international waters worldwide. The above vessel list is not all-inclusive. MARAD may add or subtract vessels from the vessel list during the period the of this contract. Each of these ships annually undertake at least one training cruise of 60 to 65-day duration visiting various U.S. and international ports (South America, Caribbean, Europe, western Pacific). Local cruises are also undertaken from time to time for training in U.S.
waters and for maintenance and sea trial purposes. In the past, one or two of the vessels has also been directed to provide humanitarian relief and assist disaster response effort in U.S.
ports or Puerto Rico. The ships do not carry commercial cargo.
The ships are self-insured for hull coverage. For each ship, there is a separate agreement which resembles a bareboat charter that allows the SMAs to operate and crew the ship for training purposes related to qualifying cadets as credentialed merchant marine officers.
However, there has been no legal determination that these agreements are bareboat charters.
Cadets are students enrolled in maritime training course of instruction at the SMAs.
Additionally, faculty and medical personnel are typically embarked for training voyages.
1.2 SCOPE
MARAD seeks a state-licensed marine insurance broker to provide brokerage and consultancy services to MARAD and the SMAs in order to place, manage and administer (from producing coverage, to claim support with respect to the insurer) marine insurance P&I coverage for the said fleet of MARAD-owned vessels. The deliverable will be the placement and management of a fleet P&I coverage policy by a marine underwriter or a mutual assurance association with maximum club limits for the training ships.
The marine insurance broker will be tasked with (1) canvassing the P&I club market to obtain the best value for fleet coverage of P&I risks, (2) advising MARAD on appropriate P&I coverage risks and costs, (3) placing P&I fleet coverage for the fleet on an annual basis, and
4) supporting MARAD with insurance claim processing with insurer.
The policy will include a clause required by the U.S. Department of Justice that have been accepted in the past. Note that MARAD cannot subject itself to any policy that requires mandatory binding arbitration or a policy that requires MARAD to pursue claims in foreign courts or venues. Further, MARAD cannot be subject to any club calls due to the Anti-deficiency Act; therefore, will need a policy with a “no recourse” clause, or something similar.
Such policy shall be altered to address the specific needs of the United States and the SMAs with respect to coverage requirements. Such policy shall cover the Federal Government and the SMAs with respect to the actions of their agents, servants, and employees. The Federal Government and the SMAs shall be named as assureds on the P&I policy. Such policy shall create a direct contractual obligation between MARAD and the insurer.
For purposes of this requirement, P&I Club refers to one of the members of the International Association of P&I Clubs. https://www.igpandi.org/
The broker will provide MARAD with all offers and provide MARAD’s contracting officer with its recommendations with respect to which policy MARAD should select.
In its capacity as the insurance broker for MARAD, the broker will act as an intermediary between MARAD, as assured, as well as on behalf of such other assureds as MARAD may direct to be listed on any policy. However, the broker’s primary and paramount duty shall be to MARAD as the assured. The broker will be acting as a contractor on behalf of MARAD as an assured, not as an agent for the insurer or club.
The broker needs to be knowledgeable about the specific maritime laws relating to the liabilities of the U.S. Government under admiralty and maritime law. With respect to liabilities of the Federal Government, specific administrative claims processes can be required. Prospect brokers need an understanding of MARAD’s administrative claims processes set forth in 46 C.F.R. Part 327 with respect to the Clarification Act, 50 U.S.C. § 4701 and the Admiralty Extension Act. 46 U.S.C. § 30101. The broker also needs to be familiar with the Suits in Admiralty Act and the Public Vessels Act and the specific rules that apply to admiralty actions that involve “public vessels” of the United States.
MARAD reserves the right to add or subtract vessels from the above vessel list during the performance period of the resulting contract, by way of a bilateral modification/supplemental agreement.
Optional Task:
Such broker may also be consulted by MARAD with respect to insurance coverages and the placement of appropriate insurance coverage with respect to any other P&I insurance risks https://www.igpandi.org/ relating to the operations of the National Defense Reserve Fleet.
1.3 TASKS
1.3.1 Broker Agent Consulting Services
1.3.2 Canvas the P&I Club market to obtain the best value for fleet coverage for training or passenger transiting international waters with more than 100 passengers and crew.
1.3.3 Identify P&I coverage risks and provide MARAD with readily accessible marine insurance information pertaining to P&I historical data and trends for reducing, accidents, risk and claims.
1.3.4 Provide coverage recommendations.
1.3.5 Provide coverage costs/quotes received from International P&I Clubs
1.3.6 Policy Management
1.3.7 Claims Support- handling claims with respect to the insurer and escrow payments.
1.3.8 Emergency event support assistance and guidance, specifically providing assistance and guidance with post event marine insurance management related to claims and loss mitigation. The contractor shall assist claim support with respect to the insurer for MARAD and the SMA.
1.3.9 Payments, specifically, handling all matters relating to the determination of the amount and the payment of premiums.
1.3.10 Forwarding notices provided by MARAD and the Assureds to the Underwriter.
1.3.11 P&I POLICY PLACEMENT
The contractor shall assist in the placement one fleet P&I Insurance Policy with the selected P&I Insurance Club underwriters (by the broker) and approved (by the Contracting Officer’s Representative (COR) and Contracting Officer (CO)) to insure MARAD, the Training Vessels, SMAs, and other named Assureds against all marine liability arising from covered vessels.
1.3.12 CLAIMS AND SUPPORT
The contractor shall manage all aspects of the claims process from beginning to end with respect to the insurer for the assured and provide their expertise and advice for all claims.
1.3.13 KICKOFF MEETING
The contractor will be required to attend kick off meeting within two weeks of receiving the award. The meeting will be held at MARAD’s headquarters at 1200 New Jersey Avenue, SE, Washington DC, 20590. The Government will not reimburse the contractor for its costs incurred or its time for attending the meeting.
1.4 DELIVERABLES
1.4.1 1. The contractor shall furnish all labor, material, transportation and supervision in the performance of all tasks detailed in this statement of work.
1.4.2 The contractor shall provide a draft project/deliverable schedule, detailing the timeline required to place the P&I policy.
1.4.3 The contractor shall provide a fully executed policy for each performance year of this contract.
1.4.4 The contractor shall provide a copy of state brokerage license as required.
1.5 GOVERNMENT FURNISHED RESOURCES
Information Sources - Agency personnel shall be available for technical exchanges.
Documentation - All applicable documentation shall be available from the COR to the contractor at task start. All materials shall remain the property of the Government and shall be returned to the COR upon request or at the completion of tasks in this requirement.
1.6 GOVERNMENT POINTS OF CONTACT
The Procuring Contracting Officer (PCO) for this contract is:
Douglas Kennard, Contracting Officer U.S. Department of Transportation Maritime Administration Office of Acquisition, MAR380 1200 New Jersey Avenue, S.E., Washington, DC 20590 Email: Douglas Kennard@dot.gov
Levi Abrams, Technical Officer, Contracting Officer Representative (COR) U.S. Department of Transportation Maritime Administration Public Nautical Schoolships Program, MAR610.1 1200 New Jersey Avenue, S.E., Suite W23-123 Washington, DC 20590 Office: (202) 977-6939 Email: Levi.Abrams@dot.gov
1.7 PLACE OF PERFORMANCE
Contractor will perform the tasks required at their place of business located at:
[TBD]
mailto:Ken.Egbuna@dot.gov mailto:levi.abrams@dot.gov
The contractor shall be accessible and responsive (within 24 hours of receipt of inquiries from the CO and/or COR) Monday through Friday between the hours of 8am EST and 4:30pm EST, excluding Federal Holidays. Overtime may be required in emergency situations.
These situations will be handled on a case-by-case basis, with the Contracting Officer’s approval.
1.8 PERIOD OF PERFORMANCE
There will be an abbreviated base period as specified below and four (4) 12-month option periods, as follows:
Base Award- 02/19/2026-02/18/2027 Option Year 1- 02/19/2027-02/18/2028 Option Year 2- 02/19/2028-02/18/2029 Option Year 3- 02/19/2029-02/18/2030 Option Year 4- 02/19/2030-02/18/2031
1.9 1252.237-73 KEY PERSONNEL (APR 2005)
(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the contract by adding or deleting personnel, as appropriate.
(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.
The Key Personnel under this Contract are:
1. Brokerage Agent
2.0 CONTRACT TYPE
The Government contemplates awarding a Firm-Fixed-Priced Contract resulting from this solicitation.
3.0 COMMERCIAL CLAUSES
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Clause Title Date 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-24 Representation Regarding Certain Telecommunications and Video
Surveillance Service or Equipment Nov 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
Nov 2021
52.212-3 Offeror Representations and Certifications- Commercial Items Oct 2025 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004
52.212-4 CONTRACT TERM AND CONDITIONS-COMMERCIAL ITEMS (NOV 2023)
(TAILORED)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g. use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.-(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) (TAILORED) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall not be entitled to receive any amounts from the Government based on any services performed or supplies delivered by the Contractor prior to the notice of termination, nor shall the Contractor be entitled to receive from the Government any charges, costs or other amounts incurred by the Contractor resulting from the termination of this Contract.
The Contractor’s compensation under this Contract is limited exclusively to commissions earned on any P&I policies sold to the Government.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.
If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(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.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (OCT 2025)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77, 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.]
XXX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved] XXX (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).
XXX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jan 2025) (31 U.S.C. 6101 note).
XXX (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 (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
____ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Nov 2016) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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 (Nov 2011) (15 U.S.C. 657f).
(22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).
XXX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.
13126).
XXX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XXX (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
XXX (29) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
XXX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.
793).
XXX (31) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
XXX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
XXX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Oct 2025) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)
___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
___ (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 Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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.
XXX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (Jan 2017) of 52.224-3.
___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 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 (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XXX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (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. 2302 Note).
___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XXX (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) (31 U.S.C. 3332).
___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(12)).
___ (62) (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.
(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.
chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 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).
___ (7) 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).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(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, 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—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(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. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v)52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 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.)
(xiv) 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)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii)52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant…
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