Provisions_and_Clauses__.pdf

Solicitation #: 140R4021Q0036 AIS Inspection and Decontamination Services IDIQ

Upper Colorado Basin AIS Inspection and Decontamination

Services IDIQ

SOLICITATION NO. 140R4021Q0036

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO BASIN

SALT LAKE CITY, UTAH

IMPORTANT INFORMATION

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-03.

Solicitation number 140R4021Q0036 - AIS Inspection and Decontamination Services IDIQ is issued as a request for quote (RFQ) in accordance with FAR 12, 13 and 37. This requirement is solicited as a small business set-aside for a performance period of five (5) years.

The applicable NAICS code is 541990 with an associated small business size standard of $16.5M.

Solicitation Closing Date: August 23, 2021 Solicitation Closing Time: 2:00 PM (Mountain Daylight Time)

Only electronic quotes will be accepted and must be received by the Contracting Officer no later than 2:00 PM (MDT) on or before August 23, 2021 to be considered for award.

Electronic Quote must be clearly labeled with the following naming scheme:

*Quote – Company Name 140R4021Q0036 - AIS Inspection and Decontamination Services

IDIQ*

Electronic Quote must contain the following documents:

1. Representations and Certifications – (1) PDF

2. Technical Proposal – (1) PDF

3. Seed Task Orders - (1) Word Document (Attachment 4)

4. Price Proposal – (1) Excel (Attachment 5)

5. Completed Past Performance Questionnaire must be emailed to the Contracting Officer no later than the date stated on it.

Note: Please read FAR 52.212-1 and Addendums for required information for quote submission.

Note: Please read FAR 52.212-2 and Addendums for solicitation evaluation information.

All correspondence regarding this solicitation should reference *AIS IDIQ - Solicitation No.

140R4021Q0036 * in the subject line.

Inquiries regarding this solicitation should be made to:

Josephine Ojewia, Contract Specialist / Contracting Officer /Email at jojewia@usbr.gov All questions are due August 13, 2021.

mailto:jojewia@usbr.gov

Contents

PART 1 - COMMERCIAL CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS (OCT 2018)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

52.216-18 ORDERING (AUG 2020)

52.216-19 ORDER LIMITATIONS (OCT 1995)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (SEPT 2019)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-

INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

DOI-AAAP-0050 - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM - (DEC 2015)

1452.201-70 - AUTHORITIES AND DELEGATIONS - (SEP 2011)

WBR 1452.201-80 - CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES

AND LIMITATIONS -- BUREAU OF RECLAMATION - (MAY 2018)

WBR 1452.223-80 -- ASBESTOS-FREE WARRANTY -- BUREAU OF RECLAMATION

(OCT 1992)

WBR 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF RECLAMATION (FEB

2017)

PART 2 - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

PART 3 – SOLICITATION PROVISIONS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION--DEPARTMENT

OF THE INTERIOR (APR 1984)

WBR 1452.225-82 NOTICE OF WORLD TRADE ORGANIZATION GOVERNMENT

PROCUREMENT AGREEMENT EVALUATIONS--BUREAU OF RECLAMATION (MAY

2005)

EVALUATION FACTORS FOR AWARD

52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

ITEMS (FEB 2021)

52.204-24 - REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

A SOLICITATION/CONTRACT FORM

SF-1449

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

R40

125 South State Street, Room 8100 Regional Office Upper Colorado Region Bureau of Reclamation

0009910012 CODE 16. ADMINISTERED BYCODE

X

X

X

541990

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR40

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/23/2021 1400 MD

07/23/2021

801-524-3876Josephine Ojewia (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R4021Q0036

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 0040540151OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Salt Lake City UT 84138

TELEPHONE NO.

17a. CONTRACTOR/

Salt Lake City UT 84138-1147 125 South State St., Suite 8100 Upper Colorado Regional Office Bureau of Reclamation-UC-RO

15. DELIVER TO

Salt Lake City UT 84138 125 South State Street, Room 8100 Regional Office Upper Colorado Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

See Attached Price Schedule

Subject to the terms and conditions stated in the solicitation

Price to be held firm for 90 days.

Legacy Doc #: BOR Delivery: 09/30/2026 Period of Performance: 10/01/2021 to 09/30/2026 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Josephine Ojewia

. 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)

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 FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

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:

REF.

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. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00001 IDIQ for AIS/ANS Services

Product/Service Code: F099

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

B CONTINUATION OF SCHEDULE OF SUPPLIES/SERVICES

CONTRACT TYPE

Firm Fixed Price (FFP) – Commercial Services

Indefinite Delivery/Indefinite Quantity – Pricing for each period below is based on estimated award date of 10/1/2021.

Base Period FY 22 Estimated 10/1/2021 through 09/30/2022

Ordering Period I FY 23 Estimated 10/1/2022 through 09/30/2023

Ordering Period II FY 24 Estimated 10/1/2023 through 09/30/2024

Ordering Period III FY 25 Estimated 10/1/2024 through 09/30/2025

Ordering Period IV FY 26 Estimated 10/1/2025 through 09/30/2026

The total minimum value is $250.00, and the total maximum value of the contract is $6,900,000.00 over the five-year ordering period.

Delivery/Task Orders

The contract type for Task Order requirements listed in the contract Performance Work Statement (PSW) is a firm-fixed-price. All delivery/task orders shall be issued in accordance with the procedures outlined in FAR 52.216-18 - Ordering.

Service Wage Determinations will be a separate attachment to each competed task order based on place of performance.

Each delivery/task order will define the work to be performed, the location of the work, and period of performance. In addition, each CLIN awarded at the delivery/task order level will be identified as firm-fixed-price.

All post-award delivery/task orders will be awarded in accordance with FAR 16.505(b) Orders under multiple-award contracts.

Only Bureau of Reclamation, Upper Colorado Basin, Contracting Officers can issue delivery/task orders against this contract.

PRICING SCHEDULE

The following schedule defines the line item(s) and pricing for each of the contract years of this contract:

(a) Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

(1) Offerors shall complete Price Schedule.

(b) Offers are subject to the terms and conditions of this solicitation.

(c) Definitions:

(1) CLIN – Contract Line Item Number

PRICE SCHEDULE

Line Item Description FY Hourly Rate Daily Rate Lump Sum

100 Labor - Supervisor (Elephant) 2022 101 Labor - Inspector (Elephant) 2022 102 Labor - Supervisor (Navajo) 2022 103 Labor - Inspector (Navajo) 2022 104 Labor - Supervisor (Location TBD) 2022 105 Labor - Inspector (Location TBD) 2022 106 Material - Task Order Mobilization (Elephant) 2022 107 Material - Task Order Mobilization (Navajo) 2022 108 Material - Task Order Mobilization for TBD Locations 2022

Material - Decontamination/inspection equipment and supplies when not provided by BoR 2022

110 Initial Seed Order (Kick off meeting)* $250 200 Labor - Supervisor (Elephant) 2023 201 Labor - Inspector (Elephant) 2023 202 Labor - Supervisor (Navajo) 2023 203 Labor - Inspector (Navajo) 2023 204 Labor - Supervisor (Location TBD) 2023 205 Labor - Inspector (Location TBD) 2023 206 Material - Task Order Mobilization (Elephant) 2023 207 Material - Task Order Mobilization (Navajo) 2023 208 Material - Task Order Mobilization for TBD Locations 2023

Material - Decontamination/inspection equipment and supplies when not provided by BoR 2023

300 Labor - Supervisor (Elephant) 2024 301 Labor - Inspector (Elephant) 2024 302 Labor - Supervisor (Navajo) 2024 303 Labor - Inspector (Navajo) 2024 304 Labor - Supervisor (Location TBD) 2024 305 Labor - Inspector (Location TBD) 2024 306 Material - Task Order Mobilization (Elephant) 2024 307 Material - Task Order Mobilization (Navajo) 2024 308 Material - Task Order Mobilization for TBD Locations 2024

Material - Decontamination/inspection equipment and supplies when not provided by BoR 2024

400 Labor - Supervisor (Elephant) 2025 401 Labor - Inspector (Elephant) 2025 402 Labor - Supervisor (Navajo) 2025 403 Labor - Inspector (Navajo) 2025 404 Labor - Supervisor (Location TBD) 2025 405 Labor - Inspector (Location TBD) 2025 406 Material - Task Order Mobilization (Elephant) 2025 407 Material - Task Order Mobilization (Navajo) 2025 408 Material - Task Order Mobilization for TBD Locations 2025

Material - Decontamination/inspection equipment and supplies when not provided by BoR 2025

500 Labor - Supervisor (Elephant) 2026 501 Labor - Inspector (Elephant) 2026 502 Labor - Supervisor (Navajo) 2026 503 Labor - Inspector (Navajo) 2026 504 Labor - Supervisor (Location TBD) 2026 505 Labor - Inspector (Location TBD) 2026 506 Material - Task Order Mobilization (Elephant) 2026 507 Material - Task Order Mobilization (Navajo) 2026 508 Material - Task Order Mobilization for TBD Locations 2026

Material - Decontamination/inspection equipment and supplies when not provided by BoR 2026

*All awardees will be guranteed a minimum amount of $250.00 (See Line item 110 of the Price schedule).

To be priced at individual task order

To be priced at individual task order

To be priced at individual task order To be priced at individual task order

To be priced at individual task order

To be priced at individual task order

To be priced at individual task order To be priced at individual task order

To be priced at individual task order

To be priced at individual task order To be priced at individual task order

To be priced at individual task order

To be priced at individual task order

To be priced at individual task order To be priced at individual task order

To be priced at individual task order

To be priced at individual task order

To be priced at individual task order To be priced at individual task order

To be priced at individual task order

C DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK

STATEMENT(PWS)

See attachment for PWS in its entirety

SPECIAL CONTRACT REQUIREMENTS

ORDERING (IDIQ TASK ORDERS)

1. Definitions.

a. IDIQ – Indefinite Delivery Indefinite Quantity, a flexible contract vehicle in which a general framework of terms and conditions are awarded to a contractor and then specific taskings are issued as Task Orders to the Awardee subject to the terms of the parent IDIQ.

b. Awardee – An approved and eligible vendor with an active IDIQ issued under this solicitation. To be eligible, an Awardee shall maintain an active SAM registration without restrictions or debarments.

c. TO – Task Order, orders placed against an IDIQ

d. RFQ – Request for Quotation

2. RFQ. Upon development of the requirement, the Government will issue a Request for Quotation (RFQ) in writing to all active IDIQ Awardees. It is recommended that Attachment 1: Ordering Template be used as the RFQ format. At a minimum, the RFQ will include the following:

a. Quote due date;

b. Performance requirements specific to the Task Order;

c. Place of Performance;

d. Period of Performance;

e. Access limitations and/constraints (access conditions, hours of availability, security requirements, etc.); and

f. Invoicing schedule.

g. Evaluation criteria.

3. Task Order.

a. Being an Awardee does not guarantee award. All Awardees are encouraged to competitively quote all efforts.

b. While the Government will typically award to the Awardee with the Lowest Price

Technically Acceptable (LPTA), the Government reserves the right to award based on price and non-price factors such as past performance. If non-price factors are to be used, they will be identified in the RFQ.

c. All Task Orders are subject to the terms and conditions contained within this IDIQ unless specifically deleted from an individual task order. Modifications to clauses in this IDIQ affecting more than one Task Order can only be made by specific agreement between the parties.

d. Task Orders shall specify independent terms and conditions unique to the specific requirement.

e. All Task Orders shall be Firm Fixed Price.

f. Pricing shall be inclusive of all costs including but not limited to direct, indirect, fees, overheads, and profit.

g. The sum of all individual Task Orders among all Awardees shall not exceed

$6,900,000.

h. There is no individual ceiling limitation on Awardees.

i. The Government reserves the right to not issue a Task Order after an RFQ has been released.

j. All Task Orders shall be issued in writing using an OF 347.

k. All Task Orders will define a technical Point of Contact

4. Ordering Official. This vehicle may be used in support of all efforts within the Interior Region 7 Upper Colorado Basin. Any warranted Contracting Officer may use this vehicle.

PART 1 - COMMERCIAL CLAUSES

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 Clauses – https://www.acquisition.gov/far/

(End of clause)

CLAUSE TITLE DATE

52.202-1 DEFINITIONS JUNE 2020

52.203-3 GRATUITIES APRIL 1984

52.203-5 COVENANT AGAINST CONTINGENT

FEES.

MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO

INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUNE 2020

52.203-17 CONTRACTOR EMPLOYEE

WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES

OF WHISTLEBLOWER RIGHTS

JUNE 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT

PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCTOBER 2018

52.204-18 COMMERCIAL AND GOVERNMENT

ENTITY CODE MAINTENANCE

AUGUST 2020

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND

CERTIFICATIONS.

DECEMBER 2014

52.232-40 PROVIDING ACCELERATED PAYMENTS

TO SMALL BUSINESS

SUBCONTRACTORS

DECEMBER 2013

52.242-15 STOP-WORK ORDER. AUGUST 1989

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS (OCT

2018)

(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 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.

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 https://www.acquisition.gov/far/part-52#FAR_52_232_34

(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 Part 1315.

(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 Part 1315.

(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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2

(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) 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 be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(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.

https://www.acquisition.gov/far/part-32#FAR_32_608_2

(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items 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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

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

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

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

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[_] (5) [Reserved].

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

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

[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

[_] (10) [Reserved].

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

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

[_] (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[_] (ii) Alternate I (Mar 2020) of 52.219-4.

[_] (13) [Reserved]

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

[_] (ii) Alternate I (Mar 2020).

[_] (iii) Alternate II (Nov 2011).

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

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

[_](iii) Alternate II (Mar 2004) of 52.219-7.

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

[_] (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

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

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

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

[_](iv) Alternate IV (AUG 2018) of 52.219-9.

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

[X] ((19) 52.219-14, Limitations on Subcontracting (Mar 2020) (DEVIATION 2019-O0003)(15 U.S.C.637(a)(14)).

[_] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

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

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

[_](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

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

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

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

[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

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

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

[X](31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35

[X](32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JULY 2014) (29 U.S.C.

793).

(ii) Alternate I (JULY 2014) of 52.222-36

[X] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[_](37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

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

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

[_] (ii) Alternate I (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.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

[X] (46) 52.223-21, Foams (JUN 2016)(E.O. 13693)

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

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

[X] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[_] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note.

[_] (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 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

[_] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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)52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

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

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

[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

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

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

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

[_] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

[_] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

[_] (ii) Alternate II (FEB 2006) of 52.247-64.

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

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

This Statement is for Information Only:

Employee Class Equivalent Government Pay Scale Grade

Watercraft Inspector - $15/hr GS 5 - Step 2 Recreation Specialist - $12/hr GS 3 - Step 3

[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) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

[_] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[_] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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 (JUN 2020) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts forMaintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave…