Combo Synopsis Solicitation Historian Support.pdf

COMBINED SYNOPSIS/SOLICITATION

FA460024Q0062

Offutt AFB, NE

This is a combined synopsis/solicitation for commercial services prepared in accordance with (IAW) the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in the notice. This announcement constitutes the only solicitation: quotes are being requested and a written solicitation will not be issued. This solicitation is being issued IAW FAR Parts 12 and 13 as a Request for Quote (RFQ). The RFQ number FA460024Q0062 shall be used to reference any written quote provided under this RFQ.

This solicitation is for a small business set-aside award under NAICS Code 541611 – Administrative Management and PSC: R499 – Support Professional: Other. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov. Lack of SAM registration will make an offeror ineligible for award.

DESCRIPTION OF REQUIREMENT

The USSTRATCOM History Office provides a broad range of historical support to the Combatant Command (CCMD) and subordinate joint headquarters by capturing the official history of their roles in the development and implementation of national security policy. This includes providing written official histories; fulfilling requests for information; preparing historical briefs; conducting special historical studies and oral history interviews; preserving historically important documentation, interviews, and supporting materials; and providing immediate, value-added historical support to the Commander (CDR). The History Office also serves as the central historical collection point and research office for USSTRATCOM. These products and services inform the strategic planning process; facilitate resolution of operational problems and requirements; prevent duplication of errors by providing pertinent examples from the past; educate government personnel; and facilitate governmental efforts to keep the public informed.

Historical support services include documenting the USSTRATCOM contribution to national security policy through research and writing of the USSTRATCOM official history;

conducting, transcribing, and editing oral history interviews; researching and responding to requests for information; and providing professional archival management, research, and reference services.

APPLICABLE LABOR LAWS

This solicitation is subject to the Service Contract Labor Standards FAR 52.222-41.

SPECIAL INSTRUCTIONS

Offerors shall be required to return the attached solicitation, signed, and filled in appropriately, along with any additional information required to be submitted by FAR 52.212-2 Evaluation— Commercial Items Addendum and any additional fill-in provisions.

QUESTIONS DUE DATE AND TIME

All questions concerning this solicitation shall be sent by 31 July 2024 by 11:00 AM CST. A question and answer will be available by 6 August 2024 at 11:00 AM CST.

OFFER DUE DATE AND TIME

12 August 2024 at 11:00 AM CST.

CONTRACTING OFFICE CONTACT INFORMATION

All offers and questions pertaining to this solicitation shall be sent by email to:

1st Lt Jacob Saunders: jacob.saunders.3@us.af.mil

Mr. Casey Hupton: casey.hupton.1@us.af.mil

REFERENCES

The following publications are available electronically at https://www.acquisition.gov

Federal Acquisition Regulation (FAR)

Defense Federal Acquisition Regulation Supplement (DFARS)

Department of the Air Force Federal Acquisition Regulation Supplement (DAFFARS)

The following provisions and clauses apply to this requirement:

- FAR 52.212-1, Instructions to Offerors – Commercial Items

- FAR 52.212-2, Evaluation – Commercial Products and Commercial Services

- FAR 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services

-FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services mailto:jacob.saunders.3@us.af.mil mailto:casey.hupton.1@us.af.mil

-FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services

ADDENDUM to FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

1. To assure timely and equitable evaluation of the quotation, the offeror must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Offerors must be currently registered in the System for Award Management (https://sam.gov) and agree to remain registered while performing the services on Offutt AFB, NE. The offerors response shall consist of:

1. Technical Approach

2. Price Quotation

3. Past Performance

4. Fill-In Clauses/Provisions

2. Technical Approach: Offerors are required to submit no more than 6 pages with the following:

a. Offerors shall submit a plan describing how they will meet the requirement outlined in the PWS.

b. Offerors must submit a writing sample in accordance with the writing guide

(attachment 2) of the PWS.

c. Offerors must submit an org chart consisting of the following in accordance with

2.1 Personal Qualifications within the PWS:

i. Certifications

ii. Degree

3. Price Quotation:

a. Offerors shall submit price in accordance with the solicitation CLIN structure providing both Unit Pricing and Total Pricing.

4. Past Performance

a. Offerors must submit three to five examples of previous historian and archivist documents.

5. Fill-In Clauses/Provisions:

a. Offerors are required to complete all clauses/provisions that require fill-ins and submit them with their quotes.

Quotes shall be valid until 30 September 2024.

Questions for solicitation FA460024Q0062 are due on or before 12 August 2024 to Lt Jacob Saunders at jacob.saunders.3@us.af.mil.

Quote Submissions: Quotes are due no later than Monday, 12 August at 11:00 AM CST. Quotes will be submitted by email to jacob.saunders.3@us.af.mil and casey.hupton.1@us.af.mil.

Offerors are responsible for verifying receipt of their quotes before offer due date and time.

ADDENDUM to 52.212-2 – Evaluation – Commercial Products and Commercial Services Nov 2021

Evaluation-Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Price: The quotations will be ranked according to their total evaluated price (TEP) as identified by contract line-item total pricing. The Government will evaluate offers for award purposes by adding the total price for all CLINs for the required period of performance. The offeror's price quotation will be evaluated using one or more of the procedures and techniques defined in FAR 13.106-2 and FAR 13.106-3 in order to determine price reasonableness. For a price to be reasonable, it must represent a price that a prudent person would pay in the conduct of competitive business. Normally, price reasonableness is established through competitive quotations as described in FAR 13.106-3. Offerors must submit all of the required items referenced within 52.212-1.

2. Technical: The Vendor shall submit a plan describing how they will meet the requirements outlined in the Performance Work Statement (PWS). The Vendor shall demonstrate that they can provide all content within the PWS. Quotes will be evaluated to be technically acceptable or not technically acceptable based on the evaluation factors listed above. Offerors must submit all of the required items referenced within 52.212-1.

3. Past Performance: The lowest total evaluated priced, technically acceptable offeror’s past performance will be evaluated on an Acceptable/Unacceptable basis. In order for the Government to have a reasonable expectation that the offeror will successfully perform the required effort, the offeror must demonstrate that they have provided work within similar scope like this in the past.

Offerors must submit all of the required items referenced within 52.212-1.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

mailto:casey.hupton.1@us.af.mil

(d) Basis of Award. If the lowest total evaluated priced, technically acceptable offeror receives an “Acceptable” past performance rating, evaluation of that quote is complete, award will be made to that offeror, and the evaluation process will stop. If the lowest total evaluated priced, technically acceptable offeror receives an “Unacceptable” past performance rating, evaluation of that quote will stop. In that instance, the next lowest total evaluated priced offeror will be evaluated using the methodology above and the process will continue (in order by price) until a technically acceptable offeror is evaluated to have an acceptable past performance rating, or until all offerors are evaluated.

Clarifications conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for a quote revision.

The Government intends to award a contract without discussions (while keeping with FAR Part 12 and 13).

(End of provision)

Solicitation/Contract Form

Historical SUPPORT

Product Service Code: R499 Date: 18 Jul 2024

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Historian Support in accordance with the Performance Work Statement

(PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Archivist Support in accordance with the Performance Work Statement

(PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Future Growth CLIN for one additional FTE for Historian Support in accordance with the Performance Work Statement (PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Future Growth CLIN for one additional FTE for Archivist Support in accordance with the Performance Work Statement (PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Option Line Item

Option Period 1 Historian Support in accordance with the Performance Work Statement

(PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Option Line Item

Option Period 1 Archivist Support in accordance with the Performance Work Statement

(PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Option Line Item

Option Period 1 Future Growth CLIN for one additional FTE for Historian Support in accordance with the Performance Work Statement (PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Option Period 1

Option Line Item

Future Growth CLIN for one additional FTE for Archivist Support in accordance with the Performance Work Statement (PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Option Line Item

Option Period 2 Historian Support in accordance with the Performance Work Statement

(PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Option Line Item

Option Period 2 Archivist Support in accordance with the Performance Work Statement

(PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Option Line Item

Option Period 2 Future Growth CLIN for one additional FTE for Historian Support in accordance with the Performance Work Statement (PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Option Line Item

Option Period 2 Future Growth CLIN for one additional FTE for Archivist Support in accordance with the Performance Work Statement (PWS).

Product Service Code: T099 Pricing Arrangement: Firm Fixed Price

12 Each

Description/Specifications/Statement of Work

Requirements Historical support services include documenting the USSTRATCOM contribution to national security policy through research and writing of the USSTRATCOM official history; conducting, transcribing, and editing oral history interviews; researching and responding to requests for information; and providing professional archival management, research, and reference services.

Packaging and Marking

Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG 1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Deliveries or Performance

From 30 Sep 2024 to 29 Sep 2025

Contractor Destination

Line Item Delivery Schedule Quantity Address and POC

Partial Delivery Schedule Delivery Period From 30 Sep 2024 to 29 Sep 2025 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2024 To 29 Sep 2025

Partial Delivery Schedule Delivery Period From 30 Sep 2024 to 29 Sep 2025 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2024 To 29 Sep 2025

Partial Delivery Schedule Delivery Period From 30 Sep 2024 to 29 Sep 2025 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2024

To 29 Sep 2025

Partial Delivery Schedule Delivery Period From 30 Sep 2024 to 29 Sep 2025 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2024 To 29 Sep 2025

Option Line Item

Partial Delivery Schedule Delivery Period From 30 Sep 2025 to 29 Sep 2026 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2025 To 29 Sep 2026

Option Line Item

Partial Delivery Schedule Delivery Period From 30 Sep 2025 to 29 Sep 2026 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2025 To 29 Sep 2026

Partial Delivery Schedule Delivery Period From 30 Sep 2025 to 29 Sep 2026 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2025 To 29 Sep 2026

Option Line Item

Partial Delivery Schedule Delivery Period From 30 Sep 2025 to 29 Sep 2026 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2025 To 29 Sep 2026

Option Line Item

Partial Delivery Schedule Delivery Period From 30 Sep 2026 to 29 Sep 2027 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2026 To 29 Sep 2027

Option Line Item

Partial Delivery Schedule Delivery Period From 30 Sep 2026 to 29 Sep 2027 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From

30 Sep 2026 To 29 Sep 2027

Option Line Item

Partial Delivery Schedule Delivery Period From 30 Sep 2026 to 29 Sep 2027 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2026 To 29 Sep 2027

Option Line Item

Partial Delivery Schedule Delivery Period From 30 Sep 2026 to 29 Sep 2027 12 Each

12 Each Place of Performance DoDAAC: F3HSE1 CountryCode: USA

F3HSE1 USSTRATCOM J0

AF NO MILSBILLS PROC CP 4029120912, 900 SAC BLVD BLDG

1000 STE N2 133

OFFUTT AFB, NE 68113-6800

UNITED STATES

Karen Miller Email: karen.e.miller52.civ@mail.mil Telephone: (402) 912-0258

Period of Performance From 30 Sep 2026 To 29 Sep 2027

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Tailored) (Jan 2023)

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

Invoice in WAWF to the COR

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

2in1

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

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA4600

Admin DoDAAC FA4600

Inspect By DoDAAC F3HSE1

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) F3HSE1

Service Acceptor (DoDAAC) F3HSE1

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

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

jacob.saunders.3@us.a.fmil.

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

(End of clause)

Special Contract Requirements

Contract Clauses

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

As prescribed in , insert the following clause: (b)9.108-5

Prohibition on with Contracting Inverted Domestic Corporations (Nov 2015)

(a) Definitions. As used in this clause-

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395 (b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another of a parent corporation. subsidiary

(b) If the contractor reorganizes as an or becomes a of an at any time during inverted domestic corporation subsidiary inverted domestic corporation the period of performance of this contract, the Government be prohibited from paying for Contractor activities performed after the date when it may becomes an or . The Government seek any available remedies in the event the Contractor fails to inverted domestic corporation subsidiary may perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at . 9.108-2

(d) In the event the Contractor becomes either an , or a of an during contract inverted domestic corporation subsidiary inverted domestic corporation performance, the Contractor give written notice to the within five business days from the date of the inversion event. shall Contracting Officer

(End of clause)

52.217-5 Evaluation of Options.

As prescribed in , insert a provision substantially the same as the following: (c)17.208

Evaluation of (July 1990) Options

Except when it is determined in accordance with FAR (b) not to be in the Government's best interests, the Government will evaluate for 17.206 offers award purposes by adding the total price for all to the total price for the basic requirement. Evaluation of will not obligate the options options Government to exercise the (s). option

(End of provision)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024

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 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 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. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. Jan 2023

252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. 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. (May 2024)

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

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

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

[Contracting Officer check as appropriate.]

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

4655).

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

[X] (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.)

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

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

[ ] (6) [Reserved].

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

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

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

[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).

[ ] (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

[ ] (ii) Alternate I (Dec 2023) of 52.204-30.

[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

(Nov 2021) (31 U.S.C. 6101 note).

[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved].

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

[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (17) [Reserved]

[ ] (18)

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

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

[ ] (19)

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

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

[ ] (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

[ ] (21)

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

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

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

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

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

[ ] (22)

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

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

[ ] (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

[ ] (26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (34)

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

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

[X] (35)

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

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

[X] (36)

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

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

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

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (39)

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

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

[ ] (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

[ ] (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

[ ] (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

[ ] (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C.

7671l).

[ ] (47)

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

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

[ ] (48)

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

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

[ ] (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

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

[ ] (iv) Alternate III (Feb 2024) of 52.225-3.

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

[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (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. Subtitle A, Part V, Subpart G 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).

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.

3805).

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

[ ] (60) 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 (May 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (64)

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

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

[ ] (iii) Alternate II (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

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

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

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

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

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

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

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

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) 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 (Nov 2021) (41 U.S.C. 3509).

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

(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (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 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.

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

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

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

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

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

(xiv) 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.

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

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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 and E.O. 13627).

(xvii) 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).

(xviii) 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).

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

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

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

(xxii)

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

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

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

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

(xxv) 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.

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

(2) While not…