RFQ 19KU2024Q0005-Provide Periodical Maintenance Services to Approximately 278 Date Palm Tree Services-Embassy Compound.pdf

19KU2024Q0005- Provide periodical maintenance services to approximately 278 Date Palm

Trees Services-Embassy Compound

RFQ19KU2024Q0005-

Provide Periodical

Maintenance Services to

Approximately 278 Date

Palm Tree Services-

Embassy Compound

RFQ19KU2024Q0005- Provide periodical maintenance services to approximately 278 Date

Palm Trees Services-Embassy Compound

U.S. Embassy in Kuwait

GSO Procurement

Feb 7, 2024

Dear Prospective Quoter:

Subject: Request for Quotations number 19KU2024Q0005

Enclosed is a Request for Quotations (RFQ) to Provide periodical maintenance services to approximately 278 Date Palm Trees services at the Embassy Compound.

If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price.

We intend to award a contract/purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

A site visit has been scheduled for Feb 21, 2024, at 10:30 am Kuwait local time. For more information, please refer to page 47.

Note: You must have an active registration in SAM to be eligible for awards that exceeds the

US$30,000 threshold. Therefore, offerors interested to do business with the Federal Government shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately to be eligible for awards that exceeds the $30,000 threshold.

https://www.sam.gov/

For a quotation to be considered, you must also complete and submit the following:

SF-1449 (12, 17a, 24, 30a, 30b and 30c) Section 1, Price Schedule Section 5, Provision 52.212-3 Offeror Representations and Certifications Additional information as required in the solicitation.

Direct any questions regarding this RFQ to Kuwait_Solicitation@state.gov no later than Feb

28, 2024. No questions will be accepted beyond this date. Please enter the title of your email as

“Questions for 19KU2024Q0005- Provide periodical maintenance services to approximately 278

Date Palm Trees services.”

Submit your quote electronically by email to Kuwait_Solicitation@state.gov. Quotations are due by March 14, 2024, at 10:00 am Kuwait local time. No quotes will be accepted after this time. Please enter the title of your email as “Quote-19KU2024Q0005- Provide periodical maintenance services to approximately 278 Date Palm Trees services.”

mailto:Kuwait_Solicitation@state.gov mailto:Kuwait_Solicitation@state.gov

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PR12205442

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19KU2024Q0005

6. SOLICITATION ISSUE DATE

Feb 7, 2024

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Mohamad ELChami

b. TELEPHONE NUMBER (No collect calls)

2259-1216

8. OFFER DUE DATE/

LOCAL TIME

March 14, 2024 @ 10:00 am Kuwait local time

9. ISSUED BY CODE

10. THIS ACQUISITION IS

GENERAL SERVICES OFFICE

AMERICAN EMBASSY, Kuwait

D

KUWA

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS EMERGING SMALL BUSINESS

HUBZONE SMALL BUSINESS SMALL BUSINESS

SERVICE-DISABLED VETERAN OWNED 8(A)

NAICS: SIZE STD:

11. DELIVERY FOR FOB 12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700) DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO: Code 16. Administered by:

By email to kuwait_solicitation@state.gov

GENERAL SERVICES OFFICE

AMERICAN EMBASSY

KUWAIT

17.a. CONTRACTOR/OFFEROR CODE

FACILITY CODE

TELEPHONE NO:

18a. PAYMENT WILL BE MADE BY

FINANCIAL MANAGEMENT OFFICE

AMERICAN EMBASSY

KUWAIT

Email: KuwaitDBO@state.gov

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE per month

24.

AMOUNT

Provide periodical maintenance services to approximately 278 Date Palm Trees services at the Embassy Compound as described within this scope of work.

• (see schedule)

Months)

25. ACCOUNTING AND APPROPRIATION DATA

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

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER AL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE

AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER

DATED _______________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or Print)

31c. DATE SIGNED mailto:kuwait_solicitation@state.gov mailto:KuwaitDBO@state.gov

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

CLIN 1000 – First option year

CLIN 2000 – Second option year

CLIN 3000 – Third option year

CLIN 4000 – Fourth option year

Month

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL

FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (PRINT)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. Jan 2011) BACK

TABLE OF CONTENTS

SECTION 1 – THE SECHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19KU2024Q0005, Prices, Block 23

• Continuation To SF-1449, RFQ Number 19KU2024Q0005, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Performance Work Statement, Government

Furnished Property

SECTION 2 – CONTRACT CLAUSES

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

SECTION 3 – SOLICITATION PROVISIONS

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part

SECTION 4 – EVALUATION FACTORS

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER S- 19KU2024Q0005

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall perform Provide periodical maintenance services to approximately 278

Date Palm Trees services at the Embassy Compound. The price listed below shall include all labor, materials, insurance (see FAR 52.228-3 and 52.228-5), overhead, and profit. The

Government will pay the Contractor the fixed price per month for standard services that have been satisfactorily performed.

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten

(10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

The performance period of this contract is from the start date in the Notice to Proceed and continuing one-year period from Notice to Proceed (NTP), with four one-year options to renew.

The initial period of performance includes any transition period authorized under the contract.

2.0 PRICING

2.1 VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

2.2. BASE PERIOD Of Performance

Standard Services - Provide periodical maintenance services to 287 Date Palm Trees as per

Scope of Work (SOW) of Scheduled of Supplies/Service.

2.2.A

Provide periodical maintenance services to 287 Date Palm Trees

(Standard Services)

Quantity Charges per month

(KWD)

X 12 months

Total price per year

2.2.B services to additional one (1)

Date Palm Tree, if exercised by the Government (Additional services)

2.3 1st Option Year of Performance

Scope of Work (SOW) of Scheduled of Supplies/Services

The fixed price for the base year of the contract (starting on the date stated above or in the Notice to Proceed and continuing for a period of 12 months)

2.3.A services to 287 Date Palm Trees

(Standard Services)

2.3.B services to additional one (1)

Date Palm Tree, if exercised by the Government (Additional services)

2.4 2nd Option Year of Performance

Scope of Work (SOW) of Scheduled of Supplies/Services

The fixed price for the base year of the contract (starting on the date stated above or in the Notice to Proceed and continuing for a period of 12 months)

2.4.A services to 287 Date Palm Trees

(Standard Services)

2.4.B services to additional one (1)

Date Palm Tree, if exercised by the Government (Additional services)

2.5 3rd Option Year of Performance

Scope of Work (SOW) of Scheduled of Supplies/Services

The fixed price for the base year of the contract (starting on the date stated above or in the Notice to Proceed and continuing for a period of 12 months).

2.5.A services to 287 Date Palm Trees

(Standard Services)

2.5.B services to additional one (1)

Date Palm Tree, if exercised by the Government (Additional services)

2.6 4th Option Year of Performance

Scope of Work (SOW) of Scheduled of Supplies/Services

The fixed price for the base year of the contract (starting on the date stated above or in the Notice to Proceed and continuing for a period of 12 months).

2.6.A services to 287 Date Palm Trees

(Standard Services)

2.6.B services to additional one (1)

Date Palm Tree, if exercised by the Government (Additional services)

2.7. Grand Total

Description of Services Amount in Kuwaiti Dinars-per year

2.2.A - Base year (Standard Services) Provide periodical maintenance services to 287 Date Palm Trees

KD: --------------------------

2.2.B- Base year (Additional Services) additional one (1) Date

Palm Tree. (if exercised by the Government)

2.3.A – 1st option year (Standard Services) Provide periodical

KD: -------------------------

2.3.B- 1st option year (Additional Services) additional one (1)

Date Palm Tree. (if exercised by the Government)

2.4.A– 2nd option year (Standard Services) Provide periodical

KD: ---------------------------

2.4.B - 2nd option year (Additional Services) additional one (1)

2.5.A– 3rd option year (Standard Services) Provide periodical

2.5.B– 3rd option year (Additional Services) additional one (1)

2.6.A– 4th option year (Standard Services) Provide periodical

2.6.B– 4th option year (Additional Services) additional one (1)

Total amount including all option years.

KD: ------------------------

CONTINUATION TO SF-1449

RFQ NUMBER 19KU2024Q0005

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1 STATEMENT OF WORK

Provide periodical maintenance services to approximately 278 Date Palm Trees

1.0 INTRODUCTION

1.1 The U.S. Embassy in Kuwait has a requirement to obtain the services of a contractor to perform periodical maintenance to approximately 278 Palm Trees at the Embassy compound.

2.0 GENERAL REQUIREMENTS

2.1 The periodical maintenance work on the date palm trees shall be executed in a diligent manner in accordance with a negotiated firm fixed price and performance period.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with 4 one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

3.0 SCOPE OF WORK (SOW):

3.1 Logistics:

Staging/storage area is available on the grounds (Limited space availability if required for the maintenance of the Palm Trees).

3.2 Materials and equipment:

All materials required for the periodic maintenance and harvesting of the date palm trees shall be supplied by the contractor.

3.3 Labor:

Qualified labor required for the satisfactory maintenance and harvesting of the date palm trees shall be considered to be included and accounted for by the contractor.

3.4 The contractor shall provide all materials and labor to perform the following services.

Periodical maintenance to approximately 278 date palm trees:

a. Other than the below maintenance procedures, the contractor must ensure that the task is performed per industry standards to maintain the trees. The stems of the trees must be uniform and in good shape.

b. Service of cleaning and removing date palm leaf ends, remaining old branches, thorns and dry leaves on an as-needed basis. The appropriate season to perform this task shall be determined between the contractor and the Embassy.

c. Natural organic fertilization (sheep fertilizer). This is done by mixing and digging up, making watering ponds, which have a depth and a diameter suitable to the size and age of the Palm Tree, the average quantity required by one Palm Tree is three bags of fertilizer.

d. Chemical fertilization (urea). It is performed in two stages during the cold weather. The first stage is in November and the second is in January. The quantity of fertilizer has a direct proportion with the size and age of the date palm tree. The average quantity of nitrogenous fertilizer required per date Palm Tree is between 1 to 2 kilograms.

e. Fully integrated fertilization (N.Y.C..) to be performed when the weather starts to become warm in the middle or end of February. The quantity required per one date palm tree is between 1 to 2 kilograms.

f. Pollination: The pollination season for fruitful date palm trees begins in the middle of

February for some kinds such as saumran and up to the middle of April for other kinds such as bremee and barhee. The date palm trees will be followed up and pollination is to be performed by this contractor at the right time per industry standards. The pollens should be provided by the contractor and should hand-pollinate per industry standards.

g. Hameera (Lesser Date Moth) insect spray: to be performed twice annually. First spray against the Hameera insect to be performed ten days after the pollination. Second spray against the Hameera insect. To be performed ten days after the first spray in order to control the insect of any age.

h. Lightening of bunches, either from the bunch itself or from the number of bunches, the properly grown bunches are to be selected and distributed regularly.

i. Dusting yellow sulfur onto the tree to control the spider teats at the beginning of date growth, on an as-needed basis as determined by the contractor.

j. Cutting the yields at any stage of growth as desired.

k. Preventive insect and fungi spray to control all kinds of insects, fungi and diseases. A suitable insecticide or bactericide is to be used according to each case separately.

l. The contractor is responsible to supply all tools, equipment, all materials, fertilizer, and pesticides if any required for maintaining the trees.

m. All trash and debris generated from the maintenance and harvesting of the date palms must be removed and disposed of by the contractor on a daily basis.

n. It is the responsibility of the contractor to dispose of all trash and debris generated from the maintenance of the date palms to a local government approved waste disposal facility.

o. The contractor must include the safety plans/procedures to be followed for the workers to safely climb the date palm trees to perform the maintenance. This plan must include the equipment you are intending to use to climb the trees for maintenance, date bagging and harvesting. Climbing the trees with bare feet will not be permitted.

p. Since the height of the trees varies from 2 meters to 12 meters, it is the responsibility of the contractor to supply appropriate equipment, tools if any required to safely perform the tree maintenance. The total number of small trees is 5, the height of which is 2 meters, and the remaining trees are from 5 meters to 12 meters long.

q. The contractor must provide all required safety equipment to the workers to maintain the date palm trees.

OTHERS:

a. The contractor is responsible to provide all equipment and tools required for maintaining and harvesting the date palm trees in a safe manner. These items include man-lift, ladder, safety harnesses, etc. that are required to maintain the date palms.

b. The contractor shall supply all labor and material to sort, clean, dry, press and packing the dates into 1kg polybags. All work is to be carried out on the Embassy premises. All dates harvested from the Embassy compound will be turned over to the Contracting

Officer’s Representative (COR).

c. The contractor shall provide at a minimum one full time employee (6 days a week, 8 hours a day) to care for the Palm trees. It is the contractor’s responsibility to deploy extra personnel to work if needed during the term of the contract.

d. The contractor shall provide the required number of personnel during the date harvest season for sorting, cleaning, drying, pressing and packing purposes. The contractor must provide the proper number of employees to harvest & pack all dates in a suitable time frame which minimizes spoilage.

e. The contractor shall provide an adequate supply of green netting polybags to cover the dates/date branches.

f. The contractor shall provide pollen/flowers for the pollination process.

g. The contractor, or the contractor’s onsite representative, will provide weekly verbal or written reports on the week’s activities and anticipated activities for the following week.

h. At no additional cost to the Government, the contractor shall replace any tree that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the contractor. Likewise, the contractor shall report any damage or ill-condition of any date palm tree to the (COR).

The contractor shall supply fertilizer, pesticide, and fungicide, and perform other tasks on the date palm trees maintenance and harvesting of dates as required as per industry standards and some items are as listed below:

• fertilizer

• pesticide

• fungicide

• cleaning and trimming

• preparing water pond for tree

• plastic bags required to pack the dates, the supplied plastic bags shall be good quality and shall be 180 microns and should hold one kg of dates.

• The contractor should maintain a base around the tree for the Embassy provided drip irrigation system.

The contractor is responsible to supply all the above items and any other materials required for the maintenance and harvesting of the date palm trees.

The contractor shall supply Safety Data Sheets (SDS) of all material such as fungicides, pesticide, fertilizer, etc. to be used for the maintenance of the date palm trees. The contractor must receive prior permission for any such treatment from the Embassy/COR. No pesticides/chemical treatment shall be performed by the contractor without prior approval from the Embassy/COR.

Government Furnished Property

The Government shall make the following property available to the contractor as "Government furnished property" for performance under the contract:

1. Up to 200 special packaging boxes to pack the dates, this will occur only if the Embassy determines to pack the dates in special packaging. Regular plastic bags required for packing the remaining dates shall be supplied by the contractor as mentioned above.

2. Cartons and packing tape to pack and store the dates.

4 CONTRACT ADMINISTRATION:

4.1 The Embassy has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The

COR/Facility (FAC) Management / or the Post Occupational Safety and Health Officer

(POSHO) will perform quality assurance inspections during the maintenance services.

5 RESPONSIBILITY OF THE CONTRACTOR:

5.1 The contractor shall be responsible for the professional quality, technical accuracy, and coordination of all date palm tree maintenance work furnished under this contract.

5.2 The contractor is responsible for the safety of their workers and shall comply with all

Embassy safety standards, local labor laws, regulations, customs and practices pertaining to labor, safety and similar matters. The contractor shall promptly report all accidents resulting in lost time, disabling, or fatal injuries to the Embassy.

5.3 The contractor shall be liable to the Embassy in accordance with applicable law for all damages to the Embassy caused by the contractor's negligent performance of any of the services furnished under this SOW.

6.0 OTHER REQUIREMENTS:

6.1 The contractor is responsible to provide all required tools, equipment and personnel, except as noted in the SOW to manage and administer the maintenance of the date palm trees.

6.2 The contractor shall at all times keep the date palm tree maintenance area free from accumulation of waste materials. Upon performing the date palm tree maintenance, the contractor shall remove all temporary facilities and leave the project site in a clean and orderly condition acceptable to the Embassy. All trash and debris must be removed from the Embassy by the contractor on a daily basis.

8.0 SECURITY:

8.1 This is a non-classified project. The work to be performed under this contract requires that the contractor identifies all employees, sub-contractors and vehicles that shall be used during the project to ensure that their named employees and the vehicles may enter the embassy compound. The list of employees and vehicles shall be submitted in advance as prescribed in clause 9.

8.2 Submit all necessary background and Regional Security Office forms at a minimum of six weeks prior to the start of the work, and for any subsequent personnel changes.

9. GENERAL INFORMATION:

All work will be done during working days, Saturday to Thursday, 0830-1630, except as advised by the COR/POSHO or his authorized representatives. The list of workers, vehicles, and equipment involved in the project must be submitted six weeks prior to starting the project to make the necessary access pass.

Due to extremely high temperatures in Kuwait during the summer months, the Embassy has established the following policy regarding working outside during the months of

June, July, and August. This policy applies to all Embassy contractors working for the

Mission.

During the months of June, July, and August, working outside in direct sunlight between the hours of 11:00 a.m. and 4:00 p.m. is prohibited. In addition, regardless of the time of the day, when the outside temperatures exceed 48°C (118°F), no work outside in direct sunlight is permitted. According to the local government guidelines, when the temperatures exceed 50°C, no work outside in direct sunlight is permitted.

9.1 The Embassy is closed during American Federal Holidays and Government of

Kuwait holidays. A list of holidays shall be provided to the winning contractor as appropriate. The contractor may work on these days with prior approval from the COR.

10. SAFETY:

The contractor must follow all safety procedures. All workers must wear appropriate safety personal protective equipment to include safety shoes, safety glasses, safety masks, head protection, full body harness etc. The contractor must keep the worksite secured and clean up all debris and trash at the end of each workday. The employees tasked with the application of pesticides and fertilizers must be trained and abide by all safety standards before this work occurs. The contractor must get approval from the COR or POSHO before applying any pesticide or fertilizer. The contractor shall never leave power equipment unattended without disconnecting them from their power source. Tools and materials shall be inspected by the COR/POSHO or his/her authorized representatives.

11. INSPECTION & ACCEPTANCE:

The project and services being performed, and tools/supplies used to accomplish the maintenance service will be inspected by the COR/POSHO or his authorized representatives, to determine that all the work is carried out in a satisfactory manner and that all the tools and equipment used to complete the maintenance are safe and of an acceptable quality and standard. The contractor shall be responsible for immediately remedying any unacceptable work or conditions within the scope of work of this project.

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449,

BLOCK 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

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

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

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

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

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

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

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

__ (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.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

__ (6) [Reserved].

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

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

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN

2023) (Section 102 of Division R of Pub. L. 117-328).

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

__ (11)

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

__ (ii) Alternate I (DEC 2023) of 52.204–30.

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/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 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/52.204-27#FAR_52_204_27 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390

____ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV

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

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

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

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

__ (17) [Reserved]

__ (18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV

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

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

__ (19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV

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

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

__ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

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

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

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 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

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22)

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

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

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (OCT 2022) ( 15 U.S.C. 657f).

__ (26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP

2023)( 15 U.S.C. 632(a)(2)).

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

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

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT

2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

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

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

__ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

____ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV

2023) .

__ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

__ (34)

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

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

__ (35)

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

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

__ (36)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

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

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

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

_X_ (39)

__X__(i) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

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

FAR 22.1803.)

__ (41)

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

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 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

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

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (44)

(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.

__ (45)

(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.

__ (46) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (47)

(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__ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (51)

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

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

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

__ (52)

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

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (53)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

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

__ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X__ (55) 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).

__ (56) 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).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

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/19/2112 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 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 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12

_X_ (60) 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).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__X__ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

_X_ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__ (67)

(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:

__ (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).

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 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

__ (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.

(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 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…