RFP 7200AA23R00053 USAID BPA for WHO IEHKs.pdf

RFP Issuance Date: Monday March 27, 2023 RFP Questions: Thursday April 13, 2023 RFP Closing Date: Thursday May 4, 2023 RFP Closing Time: 13:00 EST

SUBJECT: Request for Proposal Solicitation Number: 7200AA23R00053 WHO Interagency Emergency Health Kits (IEHKs)

The United States Government, represented by the U.S. Agency for International Development (USAID), Bureau for Humanitarian Assistance (BHA) is soliciting a Request for Proposal (RFP) from qualified and responsible contractors for the purpose of establishing a Blanket Purchase Agreement (BPA) to provide standardized World Health Organization International Emergency Health Kits (IEHKs) and supporting materials.

USAID anticipates the award of one or more BPAs using Simplified Acquisition Procedures under full and open competition for a performance period of five years. The North American Industry Classification System (“NAICS”) code for this acquisition is 424210. The Authorized Geographic Code is 997.

Proposals shall address the requirements as set forth in the attached RFP. Offerors are responsible for ensuring that their proposals are received by USAID by the due date and time via email to lpallithanam@usaid.gov and pvicinanzo@usaid.gov . Late proposals will not be accepted for review and evaluation.

Offerors must be registered in the System for Award Management (“SAM”) database at the time of proposal submission at www.sam.gov AND the registration must be marked as “Active.” As part of the registration process in SAM, offerors must obtain a Unique Entity Identification Number (UEI) at www.sam.gov. Offerors should retain for their records, copies of all submissions which accompany their proposals.

Questions in response to this RFP must be submitted via email to Lima Pallithanam (lpallithanam@usaid.gov) and Paul Vicinanzo (pvicinanzo@usaid.gov) and will be accepted through April 13th, 2023 by 13:00 U.S. Eastern Time only.

This request for proposal in no way obligates the United States Agency for International Development (USAID) to make an award, nor does it commit USAID to pay any costs incurred in the preparation and submission of proposals.

Sincerely, Paul Vicinanzo Contracting Officer Transportation Division Chief U.S. Agency for International Development mailto:lpallithanam@usaid.gov mailto:pvicinanzo@usaid.gov http://www.sam.gov/ mailto:lpallithanam@usaid.gov mailto:pvicinanzo@usaid.gov https://my.usaid.gov/tibbr/#!/subjects/1300

USAID 2

RFP Blanket Purchase Agreement for WHO Interagency Emergency Health Kits

TABLE OF CONTENTS

SECTION 1 – SUPPLIES/ SERVICES AND PRICE/COSTS

1.1 AUTHORITY

1.2 PURPOSE OF BPA

1.3 CONTRACT TYPE AND SERVICES

1.4 SUPPLIES/SERVICES

1.5 PLACE OF PERFORMANCE

1.6 AUTHORIZED GEOGRAPHIC CODE

1.7 TERMS AND CONDITIONS

1.8 PERIOD OF PERFORMANCE

1.9 OBLIGATION OF FUNDS

1.10 INSPECTION AND ACCEPTANCE

SECTION 2 – STATEMENT OF WORK/SPECIFICATIONS/DESCRIPTIONS

2.1 BACKGROUND

2.2 OBJECTIVE / STATEMENT OF WORK

SECTION 3 – ORDERING

3.1 BPA DELIVERABLES

3.2 CALL ORDER PROCEDURES

3.3 CALL ORDER PERIOD OF PERFOMANCE

3.4 CALL ORDER ACCEPTANCE

3.5 CALL ORDER DELIVERY REQUIREMENT

3.6 CALL ORDER DELIVERABLES

3.7 QUALITY ASSURANCE INSPECTORS/INSPECTORS

SECTION 4 – CONTRACT ADMINISTRATION DATA

4.1 CONTRACTING OFFICER

4.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

4.3 CONTRACTOR’S PRIMARY POINT OF CONTACT

4.4 PAYING OFFICE

4.5 INVOICE

SECTION 5 – BPA REQUIREMENT

5 CONTRACT CLAUSES

SECTION 6 – NOTICE TO CONTRACTORS, INSTRUCTIONS, EVALUATION OF

QUOTES

6.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

6.2 GENERAL INSTRUCTIONS

6.3 PROPOSAL CONTENT, FORMAT AND DELIVERY INSTRUCTIONS

6.4 CONTRACTOR AUTHORIZED PERSONNEL

6.5 ORGANIZATION OF TECHNICAL PROPOSAL

6.6 CONTENT OF TECHNICAL AND PRICE SUBMISSION

6.7 SELECTION PROCESS

SECTION 7 – ATTACHMENTS

USAID 3

SECTION 1 – SUPPLIES/ SERVICES AND PRICE/COSTS

1.1 AUTHORITY

The U.S Agency for International Development, Bureau for Humanitarian Assistance (USAID/BHA) is issuing said Blanket Purchase Agreement in accordance with FAR part 13.

1.2 PURPOSE OF BPA

USAID/BHA is seeking to establish a Blanket Purchase Agreement (BPA) with one or more firms that will allow USAID to contract simply and quickly for the immediate delivery of World Health Organization (WHO) Interagency Emergency Health Kits (IEHK) and supporting materials, for the agreement period of performance. Following issuance of the BPA(s), the Contracting Officer will issue subsequent Call Orders, as needed. The selected BPA holders (Contractors) must be able to perform all requirements specified in the statement of work in support of USAID/BHA programs.

This BPA is issued to establish arrangements for ordering and assembly, storage, delivery, and replenishment to cover WHO Interagency Emergency Health Kits (IEHK) during the agreement period of performance. The IEHKs delivered under this BPA shall contain the latest WHO-mandated components and materials. The IEHKs shall be stored at the Contractor’s facility until USAID issues a Call Order for the delivery of kits for immediate dispatch.

This BPA establishes the terms and conditions applicable to potential future purchases for Call Orders under this agreement. A BPA is an Agreement, not a contract. USAID is not obligated to purchase any definite amount under this BPA. When a need arises, an authorized representative of USAID may issue an order following the procedures outlined in the BPA. If the BPA holder accepts the order, then a binding contract between USAID and the BPA holder will exist for that specific order. If the BPA holder refuses to accept orders or to furnish quotations in compliance with the terms of the BPA, USAID reserves the right to cancel the BPA.

1.3 CONTRACT TYPE AND SERVICES

USAID will issue a firm fixed price Call Order for this requirement.

1.4 SUPPLIES/SERVICES

The scope of work of this BPA shall include the inventory maintenance and storage of up to 10 standard IEHKs (based on latest WHO specifications) at the Contractor’s facility, as well as the procurement of supporting items. Supporting items include any component of the standard IEHK, any supplementary modules or module components, as well as the possible transportation of the items. If the need arises, the Contractor may be requested to supply Cholera and Malaria kits of the latest WHO standard.

The modules to be stocked for one standard IEHK include the following (based on WHO’s latest specifications – see Attachment 1 for full details):

• 10 x Basic module: medicines

• 10 x Basic module: renewables and equipment (including basic documents)

• 1 x Supplementary module: medicines

• 1 x Supplementary module: renewables

• 1 x Supplementary module: equipment

USAID 4

LINE

ITEM COMMODITY UNIT OF

ISSUE

EST.

ANNUAL

QTY.

SHIPPING

LOCATION

FOB ORIGIN

UNIT PRICE

(USD)

CLIN

WHO Interagency Emergency Health Kits – Up to 10 Standard Kits in storage and available for delivery within 30 days of BPA award

Each 10

Contractor’s Origin

Contractors should continue to reference WHO’s Emergency Health Kits page for full information on the current specifications. It is the responsibility of the Contractor to remain compliant with the latest specifications as updates occur.

Note, the modules for Basic Malaria, Supplementary Controlled Medicine, Supplementary Cold Chain Medicine, Supplementary Malaria, and Supplementary PEP included in the 2017 IEHK Kit will not be required, but information about availability for each shall be included in Contractor’s proposal.

1.5 PLACE OF PERFORMANCE

Worldwide

1.6 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for this BPA is 997.

1.7 TERMS AND CONDITIONS

a. Extent of obligation. The Government (USAID) is obligated only to the extent of authorized Call Orders actually made under the BPA. The BPA does not obligate any funds.

As the IEHKs are standard configuration commodities, which are purchased by UN Agencies and other non-governmental entities, any balance of IEHKs remaining in storage at the end of the BPA agreement period of performance shall be retained by the Contractor, without obligation by USAID.

b. Purchase limitation. The dollar limit for each Call Order shall not exceed the Simplified Acquisition Threshold for commercial items (currently set at $7 million). No single purchase under this agreement shall exceed 10 IEHKs. The minimum purchase order quantity for items awarded under the BPA performance period is zero (0) IEHKs.

c. Individuals authorized to place a Call Order under the BPA shall be furnished to the Contractor by the Contracting Officer as applicable. If a Call Order is made by an individual not identified by the Contracting Officer, the call will be at the sole responsibility of the Contractor.

1.8 PERIOD OF PERFORMANCE

The BPA will consist of a 5 year agreement (two year base period, with three one year option periods). The period of performance for this BPA shall not exceed 5 years from the date of award.

https://www.who.int/emergencies/emergency-health-kits/interagency-emergency-health-kit-2017

USAID 5

USAID may cancel the BPA at any time by notifying the Contractor at least 30 days in advance. BPA cancellation does not release the Contractor from the duty to continue performance or change the terms and conditions on Call Order(s) issued prior to cancellation unless a change order is processed by the Contracting Officer.

1.9 OBLIGATION OF FUNDS

This BPA does not obligate any funds.

1.10 INSPECTION AND ACCEPTANCE

Deliverables shall be submitted in accordance with the terms and conditions of the BPA and the Call Orders. Any discrepancy between the BPA and the Call Order shall be resolved by giving precedence to the BPA, Call Order and CO determination.

1.11 CLOSEOUT PROCEDURE

Closeout of the BPA and Call Order(s) will be conducted in accordance with Federal Regulations and USAID procedures, rules and regulations for closeout.

Within 30 days of completion of any individual Call Order, the BPA holder shall present the final invoice to the Contracting Officer’s representative (COR) and the Financial Management Office with a copy to the Contracting Officer (CO).

[END OF SECTION 1]

SECTION 2 – STATEMENT OF

WORK/SPECIFICATIONS/DESCRIPTIONS

2.1 BACKGROUND

Populations affected by rapid onset and complex emergencies often face fractured access to health care and compromised medical supply chains. Immediate shipments of critical medicine and supplies can have a tremendous impact for the people suffering an acute onset humanitarian emergency. A BPA for medicine and supplies will significantly increase the speed that these items can reach the disaster site and help those in need. Moreover, the BPA will guarantee that the United States’ Government (USG), through USAID, will have access to the needed supplies that shall be in high demand in the wake of a disaster.

The WHO Interagency Emergency Health Kits greatly improve the capacity of USAID to quickly respond to ongoing natural and complex emergencies internationally. The WHO IEHK is a standardized kit of essential medicines, supplies and equipment, designed for use where there is a disruption of medical supplies in an emergency setting, as a way to fill the gap until the medical supply mechanisms are restored. One kit is designed to meet the basic health needs of 10,000 people for approximately 3 months.

2.2 OBJECTIVE/STATEMENT OF WORK

The objective of this agreement is to have the Contractor assemble, store, deliver and replenish the IEHKs for potential USAID/BHA response requirements. The Contractor(s) shall maintain an inventory of up to 10 standard IEHKs (of the latest WHO specifications) and ensure that necessary

USAID 6

items are regularly replaced. The pharmaceuticals included in the IEHKs shall have a minimum shelf-life of 12 months at the time of delivery, through a Call Order.

The Contractor(s) shall build an inventory of up to 10 IEHKs in stock, within 30 days of the BPA being established, and shall maintain that inventory level throughout the life of the agreement. In the event that IEHKs are dispatched, the Contractor(s) shall replenish the stock back to an inventory level of up to 10 kits as soon as possible, and no later than 7 business days.

If the Contractor is seeking to reallocate the USAID dedicated stock to other customers, the Contractor shall notify and obtain pre-approval from USAID/BHA prior to the sale and dispatch.

The Contractor shall inform USAID/BHA on the timeline to replenish this stock.

The Contractor shall ensure that the IEHKs set aside for USAID/BHA are in compliance with the latest WHO standards and specification throughout the agreement period. As a result, the Contractor shall update or modify the kits, if necessary, in the event that the WHO makes technical changes to the makeup of the IEHKs or issues a product alert for any individual components/items.

The Contractor shall prepare or make available standard shipping documents (packing lists, certificates of origin from local chamber of commerce, commercial invoices, etc.) to permit USAID/BHA, its agent, or transportation companies to export and transport the IEHKs from the Contractor’s facility. The Contractor may be requested to provide additional labeling on outer packaging prior to dispatch, which will be specified in the individual Call Orders.

The Contractor shall deliver the IEHKs Ex Works unless otherwise specified in the Call Order.

USAID/BHA may request the Contractor to arrange transport and delivery to an alternate destination, for which the Contractor will be reimbursed (based on approved transportation costs by the Contracting Officer).

Following the award of a Call Order, the Contractor shall be required to be reachable 24 hours a day, 7 days a week and provide USAID/BHA with regular updates and reporting as needed.

The Contractor shall provide regular reports or make stock information available upon request, so that USAID/BHA may know how many IEHKs are available and where (city, country where warehouse is located).

[END OF SECTION 2]

USAID 7

SECTION 3 –ORDERING

3.1 BPA DELIVERABLES

Upon acceptance of a BPA award, the Contractor shall make available up to 10 International Emergency Health Kits within 30 days of BPA establishment.

The total quantity of kits to be built and maintained in stock may be adjusted based on the number of selected Contractors.

3.2 CALL ORDER PROCEDURES

USAID may enter into an agreement with one or more Contractors. If more than one Contractor is selected for this BPA, the Contracting Officer will provide each firm a fair opportunity to be considered for individual Call Orders in accordance with FAR 8.4.

Competition of each Call Order will occur among the BPA holders as established by the BPA ordering procedures in accordance with FAR Part 8.405-3(c). Factors such as (but not limited to) delivery timeline, price, past performance on prior orders issued outside and under this BPA (quality of deliverables/services/ timeliness, and cost control), and potential impact on other orders placed with the Contractor (e.g. capacity issues) may be considered in determining award of individual Call Orders.

The Contractor selected for a Call Order is required to acknowledge receipt of the request and confirm acceptance of the request by email to the Contracting Officer within 24 hours of the Call Order issuance. Faster response to the Call Order might be needed in the event of a major humanitarian disaster and the Contractor should be prepared to communicate in non-business hours.

BPA holders not interested in the Call Order shall send a no bid indication to the requesting Contracting Officer within a day after receipt of the requirement. If USAID does not receive a response within this timeframe, USAID will consider this to be a no bid response.

3.3 CALL ORDER PERIOD OF PERFOMANCE

The period of performance for the Call Order will be specified at the time of award.

3.4 CALL ORDER ACCEPTANCE

Upon acceptance of the Call Order the Contractor must be ready, willing, and able to commence performance upon receipt of a valid Call Order award and complete assignment(s) within the designated performance period.

3.5 CALL ORDER DELIVERY REQUIREMENT

All orders under the agreement shall contain the following minimum information:

a. Name of supplier:

b. BPA number:

c. Call Order number:

d. Date of purchase:

e. Itemized list of supplies or services furnished:

f. Quantity, unit price, and shelf-life of applicable items,

g. Date of delivery or Ready for shipment date

USAID 8

h. Delivery terms (Ex Works unless otherwise requested).

3.6 CALL ORDER DELIVERABLES

Deliverables will not be considered final until inspected and accepted by a cognizant official.

The Contractor shall perform the below minimum activities for successful completion of a Call Order.

a. Have the awarded quantity of IEHKs available for shipment at the agreed upon delivery location, by the agreed upon delivery date

b. Certify that the IEHKs are in accordance with the latest WHO specifications at time of award

c. Certify that all components of the kits have a minimum shelf-life of 1 year (12 months) remaining at the time of delivery

d. Coordinate with USAID’s selected transport contractor for pick-up of awarded quantity

e. Supply requested transport documents to include but not limited to packing lists, certificates of origin from local chamber of commerce, commercial invoices, etc.

f. Provide Cold chain and hazardous material transportation instructions, if applicable

g. Arrange on-time delivery, in good condition, to destination location other than

Contractor facility, if specified in Call Order

h. Confirm delivery of awarded quantity with USAID’s appointed Contracting Officer

Representative

3.7 QUALITY ASSURANCE INSPECTORS/INSPECTORS

Quality assurance inspection will be specified on the Call Orders. By responding to a Call Order, the Contractor certifies that the IHEKs supplied and the materials/components within are in compliance with WHO standards, and are of sufficient shelf-life, where applicable, at the time of delivery.

USAID reserves the right to conduct onsite inspections of the Contractor’s facilities prior to extending an award or during the agreement performance period. The Contractor shall provide replacement stock or cost reimbursement, as agreed upon with the Contracting Officer, for any quantities delivered in unacceptable condition. In the event that any or all items delivered are found to be defective or of unacceptable quality, the Contractor shall be requested to arrange pick up, supply/produce necessary documentation, and arrange disposal of commodity and packaging in accordance with local health and safety regulations, and WHO standards, at the Contractor’s cost.

The Contractors shall provide their latest commodity quality audit reports and facility inspection reports, if requested by USAID.

3.8 LATE DELIVERY OF BPA CALL TERMS

The Contractor shall notify the Call Order Contracting Officer’s Representative (COR) and Contracting Officer (CO) as soon as it becomes apparent to the Contractor that a scheduled delivery will be late. The Contractor shall include in the notification the rationale for late delivery, the expected date for the delivery. The CO will review the notification and will provide guidance to the Contractor. Notification of late delivery can serve as ground for USAID to terminate the Call Order and/or the BPA and in no way limits USAID’s right to remedies.

USAID 9

3.9 INVOICE REQUIREMENT

Invoicing for Call Orders shall be submitted in accordance with the BPA terms and conditions, and clauses and requirements outlined in Sections 4.4 and 4.5. Invoicing may commence upon acceptance of each or all deliverables by an authorized official. Invoicing shall include all supporting documents for the invoiced amount.

3.10 BRANDING AND MARKING REQUIREMENT

There are no branding and marking requirements related to this Blanket Purchase Agreement. The Contractor may be requested to provide USAID labelling prior to shipment which shall be specified on the Call Order.

[END OF SECTION 3]

SECTION 4 – CONTRACT ADMINISTRATION DATA

4.1 CONTRACTING OFFICER

For the BPA:

Paul Vicinanzo U.S. Agency for International Development Bureau for Management Office of Acquisition & Assistance Transportation Division (M/OAA/T) 500 D Street, SW Washington, DC 20547

For Call Orders:

To be determined at the time of BPA establishment U.S. Agency for International Development Office of Acquisition and Assistance

The Contracting Officer executing the individual Call Order and the COR will retain cognizance of contract administration for Call Order.

4.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Contracting Officer’s Representative (CORs) may be appointed at the Call Order level by the ordering Contracting Officer. The COR is the individual within the technical office who has overall technical responsibility for efforts. The COR supports the CO during administration of the BPA and/or Call Order issued thereafter.

The designated Contracting Officer’ Representative shall be selected at time of award.

4.3 CONTRACTOR’S PRIMARY POINT OF CONTACT

The Contractor’s primary point of contact shall be identified at time of award.

USAID 10

4.4 PAYING OFFICE

To be filled at issuance of Call Order. The Contractor must submit invoices to the payment office as indicated below:

Invoices for USAID Washington Office/Bureau must be submitted to the payment office at the following email address: EI@USAID.GOV to the Office of Financial Management (M/FM/CMP).

[Include Subject Line: Contractor Name, Award#, Invoice#]

4.5 INVOICE

a. A summary invoice shall be submitted at the time of a Call Order delivery or upon request.

The invoice must include the following:

(i) Company name and address

(ii) Invoice date and number

(iii) Master BPA Award Number & Call Order Award Number

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered

(v) If applicable, 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

(ix) Material Inspection and Receiving Report (MIRR) and/or Proof of Delivery

(POD) must be received by the Contracting Office Representative prior to payment request.

Invoices shall be submitted no later than 90 days after the specified delivery date of the Call Order.

4.6 ACCOUNTING AND APPROPRIATION DATA

To be filled on issued Call Order.

Budget Fiscal:

Operating Unit:

Strategic Objective:

Team/Division:

Benefiting Geo Area:

Expanded Object Class Code (EOCC):

Amount Obligated:

4.7 CONTRACTOR’S PAYMENT ADDRESS

To be filled on issued Call Order and Contractor’s Invoice.

[END OF SECTION 4]

mailto:EI@USAID.GOV

USAID 11

SECTION 5 - BPA REQUIREMENT

5.1 CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

CONTRACT CLAUSES

A.I.D. Acquisition Regulation (48 CFR Chapter 7) Clauses

NUMBER TITLE DATE

752.202-1 Definitions JAN 1990 752.211-70 Language And Measurement JUN 1992 752.242-70 Periodic Progress Reports OCT 2007

752.7006 Notices APR 1984

752.7009 Marking JAN 1993

752.7025 Approvals APR 1984

FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https: //www.acquisition.gov/far/index.html

NUMBER TITLE DATE

52.203-3 Gratuities Apr 1984

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights Apr 2014

52.204-19 Incorporation by Reference of Representations and Certifications, in solicitations and contracts Dec 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

52.204-26 Covered Telecommunications Equipment or Services Representation Oct 2020 52.212-4 Contract Terms and Conditions—Commercial Items Oct 2018 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011 52.232-1 Payments Apr 1984 http://acquisition.gov/far/index.html

USAID 12

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.247-5 Familiarization with Conditions Apr 1984 52.247-21 Contractor Liability for Personal Injury and/or Property Damage Apr 1984 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels Feb 2006 52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-8 Default (Fixed Price Supply and Service) Apr 1984 52.242-15 Stop-Work Order Aug 1989

5.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (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 (NOV 2021) (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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 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).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim

USAID 13

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (12) 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).

__ (13) [Reserved] __ (14)

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

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15)

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

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 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 2021) of 52.219-9.

__ (18)

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

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022)

( 15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAT 2023)( 15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 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 (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC

2022) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30)

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

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

__ (31)

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

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32)

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

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

__ (35) https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40

USAID 14

(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).

__ (36) 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.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

__ (40)

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

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

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

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

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

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

__ (47)

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

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48)

(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 (DEC 2022) ( 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 (JAN 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (DEC 2022) ( 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).

https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13

USAID 15

__ (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 (Nov2007)

( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 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).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

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

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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.] __ (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).

__ (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).

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

__ (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.

https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.232-36#FAR_52_232_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.239-1#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2

USAID 16

(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.