RFQ BPA TRANSPORTATION SERVICES.pdf
PDF 2 MB Posted
- Solicitation number
- 19EC7526Q0005
- Issued by
-
Department of State US Embassy Quito
About this file
This is a Request for Quotations (RFQ) issued by the U.S. Embassy in Quito, Ecuador for private transportation services. The Embassy seeks to establish one or more Blanket Purchase Agreements (BPAs) with qualified transportation providers to support official transportation needs within and outside Quito on an as-needed basis. Services include one-way and round-trip transportation, airport transfers, support for official meetings and events, delegations, and VIP visits. The contractor must provide various vehicle types upon request: sedans (1-4 passengers), SUVs (5-7 passengers), minivans (8-10 passengers), vans (11-18 passengers), and minibuses or larger units (18+ passengers). The BPA is established for five years, expiring August 7, 2031, with an estimated annual purchase volume of $2,500 to $40,000 and a total contract life ceiling of $350,000. No single purchase order shall exceed $10,000. Pricing is quoted per kilometer and per hour for waiting time, with separate rates for transportation within Quito and to other cities in Ecuador, including 15 percent VAT.
Prospective quoters must submit proposals electronically to Quitoprocurement@state.gov before 4:00 PM on August 7, 2026, with questions due by 4:00 PM on July 17, 2026. Required submissions include the completed SF-1449 form, pricing schedule (Attachment 2), representations and certifications, and evidence of ability to perform including a project manager contact, proof of established business operations in Ecuador, SAM registration, client references, personnel and equipment capabilities, all required licenses and permits, and a quality assurance plan. All drivers must possess valid licenses appropriate for vehicle type, maintain professional appearance, and comply with local traffic laws. The contractor must maintain Automobile Liability Insurance ($100,000 minimum per occurrence) and Passenger Accident Insurance ($20,000 for death and disability per passenger, $10,000 for medical expenses). Defense Base Act insurance is required for covered employees. The BPA holder must provide replacement vehicles within one hour of notice due to accident or breakdown and shall maintain a project manager as primary point of contact. Evaluation will assess technical acceptability based on past performance and experience, along with contractor responsibility per FAR 9.1 criteria including financial resources, performance capability, business integrity, organization and skills, equipment and facilities, and legal qualifications.
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| BPA TRANSPORTATION SERVICES SF-1449.docx | DOCX document |
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Text version
US. Embassy Quito Date: July 7, 2026
Prospective Quoters
Subject: Request for Quotations number 19EC-75-26-Q-0005
The Embassy of the United States in Quito, Ecuador needs to contract private transportation services to support official transportation needs within and outside Quito, Ecuador, as required.
The Embassy of the United States in Quito, Ecuador will establish Blanket Purchase Agreements
(BPAs) for qualified transportation services providers to support official transportation needs within and outside the city limits, as required. Services will be requested on an as-needed basis depending on operational demands and transportation availability.
The U.S. Government intends to award a Blanket Purchase Agreement (BPA) to one or more responsible companies submitting an acceptable quotation with fair and reasonable prices. We intend to award a BPA based on initial quotations, without holding discussions, although we may hold discussions with companies if there is a need to do so.
A BPA is an Agreement, not a contract, and neither party is bound by its terms and conditions. The
Government is not obligated to purchase any definite amount under this BPA. If a need arises, an authorized representative of the Government may issue an order following the procedures outlined in the BPA. If the BPA-holder accepts the order, then a binding contract between the Government and BPA-holder will exist for that specific order. If the BPA-holder refuses to accept orders or furnish quotations in compliance with the terms of the Agreement, then it is likely that the
Government will cancel the Agreement.
Purpose
The purpose of this Statement of Work (SOW) is to establish the requirements for private transportation services to support official transportation needs within and outside the city limits, as required. Services will be requested on an as-needed basis depending on operational demands and transportation availability.
Scope of Services
The contractor shall provide safe, reliable, and professional transportation services for passengers traveling to public and private locations. Transportation requests may include, but are not limited to:
One-way transportation services.
Round-trip transportation services.
Transportation within city limits.
Transportation outside the city limits.
Transportation support for official meetings, events, airport transfers, and administrative requirements.
Transportation support for official delegations or VIP visits when required.
The quantity, frequency, duration, destination, and type of transportation services are not guaranteed and may vary significantly depending on operational needs.
If you are interested in participating in this solicitation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit your proposal electronically to Quitoprocurement@state.gov making reference to "Quotation Enclosed – Private Transportation Services", before 16H00 on August 7, 2026.
It is important to make sure the submission is made in specific size and format; in MS-Word
2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 25MB. If the file size should exceed 25MB, the submission must be made in separate files and attached to separate emails with less than 25MB each.
Direct any questions related to this RFQ to QuitoProcurement@state.gov, before 16H00 on July
17, 2026.
In order for a proposal to be considered, you must also complete and submit the following:
1. SF-1449
2. Section 1 Pricing
3. Section 5 Representations and Certifications
4. Additional information as required in Section 3
Sincerely, Matthew Madden
Contracting Officer
Enclosure mailto:Quitoprocurement@state.gov mailto:QuitoProcurement@state.gov
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PAGE 1 OF
1 / 41
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
19EC-75-26-Q-0005
6. SOLICITATION ISSUE DATE
July 7, 2026
7. FOR SOLICITATION
INFORMATION CALL
a. NAME
Matthew Madden
b. TELEPHONE NUMBER(No collect calls)
593-2-3985000
8. OFFER DUE DATE/ LOCAL TIME
August 7, 2026/16h00
9. ISSUED BY CODE
10. THIS ACQUISITION IS
American Embassy Quito Avigiras E12-170 y Eloy Alfaro Quito, Ecuador
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
15. DELIVER TO: Code 16. Administered by:
American Embassy Quito
Ramon E. Best, Contracting Officer
17.a. CONTRACTOR/OFFEROR CODE FACILITY CODE
TELEPHONE NO:
18a. PAYMENT WILL BE MADE BY
American Embassy Quito
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
ESTIM
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
This Request for Quotations is for private transportation services to support official transportation needs within and outside the city limits, as required.
The Statement of Work, and terms and conditions are in the attachment
(Use Reverse and/or Attach Additional Sheets as Necessary)
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 __1___ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL 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
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
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
TABLES OF CONTENTS
Request for Quotations No. 19EC-75-26-Q0005
SECTION 1 - THE SCHEDULE
* SF 1449 cover sheet
* Continuation to SF 1449, BPA
* Schedule of Supplies/Services, Block 20
* Attachment 1 Statement of Work
* Attachment 2 Pricing
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 clauses not prescribed in Part
SECTION 4 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS
* Offeror Representations and Certifications
* Addendum to Offeror Representations and Certifications
SECTION 1 - THE SCHEDULE
BLANKET PURCHASE AGREEMENT
(BPA) No.
ESTABLISHED BETWEEN US EMBASSY – QUITO
AND
THE BPA HOLDER:
[Identify firm name and address]
SAMPLE BPA
1. BPA Number _____________
The American Embassy Quito invites you to enter into this BPA that establishes the terms and conditions applicable to future purchases of private transportation services to support official transportation needs within and outside Quito, as required.
2. Expiration Date:
BPA expires o/a August 7, 2031.
3. Embassy Estimate:
The Embassy estimates that the volume of purchases annually through this agreement will be from US$2,500.00 to US$40,000.00.
4. Terms and Conditions:
The Embassy is not obligated to purchase any definite amount under this agreement.
No single purchase will exceed USD US$ 10,000.00 or the equivalent in local currency.
The total amount ordered under this agreement life will not exceed US$350,000 or the equivalent in local currency.
* The prices to the Government shall be as low or lower than those charged your most favored customers for comparable quantities under similar terms and conditions, in addition to any discount for prompt payment.
5. Authorized Employees
The following employees are authorized to place orders:
Name Job Title Dollar Limitation
Motorpool MPT
Motorpool MPT
Motorpool MPT
DHS MPT
Milgroup MPT
Milgroup MPT
Procurement MPT
Procurement MPT
Procurement MPT
ECON/POL MPT
PD MPT
No other employee may place an order against this BPA unless authorized in writing by the
Contracting Officer.
6. Delivery Tickets
All shipments/deliveries shall be accompanied by a delivery ticket or sales slip including the following information:
- name of supplier;
- BPA number;
- date of purchase;
- purchase number;
- itemized list of supplies or services furnished;
- quantity, unit price, and extension of each item, less applicable discounts;
- date of delivery or shipment;
- name of the authorized employee who placed the order.
7. Invoices
The BPA holder shall submit a summary invoice at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period. The invoice shall identify the delivery tickets covered therein, stating the total dollar value, and supported by recent copies of the delivery tickets.
8. FAR and DOSAR Clauses
The FAR and DOSAR clauses attached to this BPA shall apply to all purchases made under this
BPA. In the event of an inconsistency between the provisions of this BPA and your invoice, the provisions of the BPA shall take precedence.
9. Acceptance
You are requested to acknowledge acceptance of this BPA, including its terms, conditions, and clauses, by signing and returning a copy to Matthew Madden, United States Embassy Quito, Avigiras E12-170 and Eloy Alfaro and by email to Quitoprocurement@state.gov .
Sincerely, Contracting Officer mailto:Quitoprocurement@state.gov
BPA Accepted:
Signature Date
(Typed/Printed Name and Title of Signer)
Please indicate the remittance or check mailing address in the space provided below if different from the address to which this agreement was addressed.
WORK REQUIREMENTS
General
The BPA Holder shall provide services for the Embassy of the United States of America in Quito, Ecuador as described. This consists of provision of private transportation services to support official transportation needs within and outside Quito limits, as required.
Authorized Service Requestors
Each BPA call order will list the names and phone numbers of all authorized service requestor(s). Service requestors are only authorized to order service within the boundaries established in the BPA call order.
Project Manager
The BPA holder shall designate a Project Manager who shall be the BPA Holder’s point of contact. The Project Manager shall be responsible for managing the BPA holder’s work under this agreement, including delegating requests to drivers with any instruction required and ensuring a smooth and effective operation. The BPA Holder’s Project Manager and telephone number are:
Project Manager:
Telephone Manager:
Documentation of Usage – Ticket Procedures
Any purchase made pursuant to this agreement will be based on quotations obtained orally by telephone or personal contact at the time the Government’s need for the service arises by an ordering official/authorized caller (as designated in paragraph 5). The authorized caller who places the order, will provide full information of the time and location where the vehicle must be. The vendor shall provide the all information of the vehicle (plate number, color and make and model of the vehicle). After the service has been provided, the driver shall fill out the ticket which must indicate the date of service, origin, destination and purpose of trip. The ticket must be signed by the embassy employee. The employee in turn submits their copy of the ticket to the authorized caller and/or BPA Administrator.
Replacement/Servicing
The BPA Holder shall provide a replacement vehicle equivalent to the type that requires replacement, due to accident, breakdown, or any other reason within one (1) hour notice by the driver.
ATTACHMENT 1
STATEMENT OF WORK (SOW)
Blanket Purchase Agreement (BPA) – Private Transportation Services
1. Background
The U.S. Embassy requires qualified providers to perform private transportation services to support official transportation needs within and outside the city limits, as required.
2. Purpose
The purpose of this Statement of Work (SOW) is to establish the requirements for private transportation services to support official transportation needs within and outside the city limits, as required. Services will be requested on an as-needed basis depending on operational demands and transportation availability.
3. Scope of Work
The contractor should provide safe, reliable, and professional transportation services for passengers traveling to public and private locations. Transportation requests may include, but are not limited to:
One-way transportation services.
Round-trip transportation services.
Transportation within city limits.
Transportation outside the city limits.
Transportation support for official meetings, events, airport transfers, and administrative requirements.
Transportation support for official delegations or VIP visits when required.
The quantity, frequency, duration, destination, and type of transportation services are not guaranteed and may vary significantly depending on operational needs.
4. Vehicle Requirements
The contractor shall be capable of providing different types of vehicles upon request, including but not limited to:
Sedan (1-4 passengers)
SUV (5-7 passengers)
Passenger Mini Van (8-10 passengers)
Passenger Van (11-18 passengers)
Minibuses or larger transportation units if required (18 +passengers)
Vehicle types and quantities will vary according to operational requirements and may change with limited notice.
All vehicles provided under this agreement shall:
Be in good mechanical and cosmetic condition.
Comply with all local transportation regulations and safety standards.
Have valid registration, permits, and inspection documents.
Be equipped with operational seat belts for all passengers.
Maintain air conditioning and appropriate safety equipment.
5. Driver Requirements
Drivers assigned under this agreement shall:
Possess valid drivers’ licenses appropriate for the vehicle operated. (Type C, D1, D)
Maintain professional appearance and conduct.
Demonstrate safe driving practices and knowledge of local routes.
Comply with all local traffic laws and regulations.
6. Insurance Requirements
The Contractor shall maintain, at its own expense, valid insurance coverage throughout the period of performance under this BPA. At a minimum, the Contractor shall provide and maintain:
1. Automobile Liability Insurance with a minimum coverage limit of USD
100,000 per occurrence for bodily injury, property damage, and other liabilities arising from the operation of vehicles used under this BPA.
2. Passenger Accident Insurance covering all passengers transported under this
BPA, with minimum benefits of:
a. USD 20,000 for accidental death per passenger;
b. USD 20,000 for permanent disability per passenger; and
c. USD 10,000 for medical expenses per passenger resulting from a covered accident.
3. All insurance policies shall remain valid and in force throughout the period of performance. The Contractor shall provide proof of insurance, including certificates of coverage and policy limits, upon request by the Contracting Officer or Contracting Officer’s Representative (COR).
4. The cost of all required insurance coverage shall be included in the Contractor’s quoted rates and shall not be billed separately to the Government.
7. Service Requests and Scheduling
Transportation services will be requested on an as-needed basis. Requests may be scheduled in advance, with a minimum notice of one hour, to allow the contractor sufficient time to dispatch the required vehicle in accordance with operational requirements.
The contractor shall maintain the capability to respond to varying transportation demands, including occasional periods of increased activity associated with official visits, special events, or other mission-related requirements.
8. Performance Standards
Work shall be performed by certified drivers with appropriate drivers’ licenses.
The contractor shall ensure:
Timely arrival and departure.
Reliable communication and coordination.
Professional customer service.
Safe and secure transportation operations.
Flexibility to accommodate operational changes when feasible.
9. Period of Performance
Services shall be provided during the period specified in the BPA call, with transportation support requested on an as-needed basis to meet operational requirements.
10. Government Obligations
The Government does not guarantee a minimum quantity of transportation requests, vehicle types, or service frequency under this agreement.
11. Ordering and Payment Services shall not be authorized until the BPA call has been fully approved.
ATTACHMENT 2
PRICING FOR TRANSPORTATION SERVICES (PER KM) AND WAITING TIME
PER HOUR
Description Service
Type Passengers
Transportation
Unit Price (USD)
Per KM
Transportation
Unit Price including 15%
VAT
Per KM
Waiting
Time
Unit price Per hour
Transportation services from/to (In
Quito)
Sedan From 1 to 4 $ - $ - $ -
Transportation services from/to (In
Quito)
SUV From 5 to 7 $ - $ - $ -
Transportation services from/to (In
Quito)
Minivan From 8 to 10 $ - $ - $ -
Transportation services from/to (In
Quito)
Van From 11 to 18 $ - $ - $ -
Transportation services from/to (In
Quito)
Minibus or larger 18 + $ - $ - $ -
Transportation services from/to
(Other Cities in
Ecuador)
Sedan From 1 to 4 $ - $ - $ -
Transportation services from/to
(Other Cities in
Ecuador)
SUV From 5 to 7 $ - $ - $ -
Transportation services from/to
(Other Cities in
Ecuador)
Minivan From 8 to 10 $ - $ - $ -
Transportation services from/to
(Other Cities in
Ecuador)
Van From 11 to 18 $ - $ - $ -
Transportation services from/to
(Other Cities in
Ecuador)
Minibus or larger 18 + $ - $ - $ -
SECTION 2 - CLAUSES FOR BLANKET PURCHASE AGREEMENTS
AWARDED BY OVERSEAS CONTRACTING ACTIVITIES
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023) IS INCORPORATED BY
REFERENCE (SEE SF-1449, BLOCK 27B)
ADDENDUM TO 52.212-4
NONE
Paragraph (b), check as appropriate:
(1) Check if requirement exceeds $250,000.
(2) Check if requirement exceeds $6 million and the performance period is 120 days or more.
(3) Not Applicable overseas, for use with Recovery Act Funds.
(4) Check (except solicitations and contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community (see 3.900(a)).
(5) Check if requirement exceeds $30,000
(6) Reserved
(7-8) Only applicable to U.S. firms
(9) Check
(10) Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts where FASCSA orders are applied at the order level
(11) Check https://www.acquisition.gov/far/4.2306#FAR_4_2306
(12) Check if requirement exceeds $35,000
(13) Check if requirement exceeds $600,000
(14) Reserved
(15-30) Not applicable
(31) Not applicable unless purchased from the Federal Prison Industries and over the micro-purchase threshold.
(32) Applicable to all acquisitions over micro-purchase threshold (33-34) Check if requirement is for supplies exceeds $10,000 and is awarded to a U.S. firm, or is for services exceeds $10,000 and is awarded to a U.S. firm whose employees performing the work were recruited within the U.S.
(35-36) Do not check if both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or Wake Island. Otherwise, contact your A/GA Desk Officer for instructions.
(37) Check if you have included clause 52.222-35
(38) Do not check since you are contracting only for work that will be performed outside of the
United States. If some of your work will be performed inside the U.S., contact your A/GA Desk
Officer.
(39) Check in all solicitations and contracts
(40) Check if some of the work will be performed inside the U.S., and the period of performance exceeds 120 days.
(41) Not applicable to commercially off the shelf items. In solicitations and contracts exceeding
$150,000 that are for, or specify the use of, EPA-designated items containing recovered materials.
(42-43) Not applicable overseas (44-45) Not applicable overseas
(46) Check unless an exception or exemption applies https://www.acquisition.gov/far/23.109#FAR_23_109
(47) Only check when contractor employees will have system record access; create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise, handle PII; or design, develop, maintain or operate a system of records.
(48- 49) Not applicable
(50) Check if the requirement exceeds $174,000 and if the acquisition is covered by the WTO
GPA (see FAR Subpart 25.4 for country specifics)
(51) Check this clause
(52) Not applicable
(53-54) only applicable if the contracting officer set aside solicitations to allow only local firms
(in a disaster zone) within a specific geographic area to compete. Check if applicable.
(55) Check this clause
(56) Check if over $250,000
(57) Check this clause
(58) Check this clause if the offeror has requested installation/progress payments and only after obtaining guidance from your A/GA Desk Officer.
https://www.acquisition.gov/far/4.2306#FAR_4_2306 https://www.acquisition.gov/far/23.109#FAR_23_109
(59) Check if payment will be made by EFT and the Contractor has registered in the SAM.
(60) Check if payment will be made by EFT or other means, e.g. check, and the Contractor has not registered in the SAM.
(61) Check if payment will be made by the Government wide commercial purchase card.
(62) Check in solicitations and contracts for information technology which require security of information technology, and/or are for the design, development, or operation of a system of records using commercial information technology services or support services.
(63) Check this clause
(64) not applicable
(65) Check if the order is for supplies that may involve ocean transportation: at least 50% of the gross tonnage must be transported on privately owned U.S-flag commercial vessels to the extent that such vessels are available at rates that are fair and reasonable for U.S-flag commercial vessels. Check Alternate I if 100% of the supplies will be transported on privately owned U.S-flag commercial vessels.
Paragraph (c) is not applicable.
Paragraph (e) applies only if award is made to a U.S. firm: (xix) Alternate I check if local law identifies “off-limits establishments”
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (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)).
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://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13
__ (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) 52.203-17, 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).
__ (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.
__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025)
( 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 (Jan 2025)( 15 U.S.C. 637(d)(2) and
(3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) 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.
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://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim 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.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 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 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim 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 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep
2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-
Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024)
(15 U.S.C. 657f).
__ (26)
(i) 52.219-28, Postaward Small Business Program Representation (Jan
2025) (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) ( 15 U.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 (Jan 2025)( E.O.
13126).
__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (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).
__ (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim 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.federalregister.gov/executive-order/13126 https://www.federalregister.gov/executive-order/13126 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 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-
169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal
Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While
Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by
American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.
118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65)
(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.
https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 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://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim 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 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim 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 https://www.acquisition.gov/far/52.232-36#FAR_52_232_36 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/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_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).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to
Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 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 https://www.acquisition.gov/far/52.247-69#FAR_52_247_69 https://www.govinfo.gov/link/uscode/49/40118 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of
Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec
2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C.
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