sCI (FAC 2021 01).docx

12305B21Q0003

FAC 2021-01

PURCHASE ORDER TERMS & CONDITIONS FOR

COMMERCIAL ITEMS

CLAUSES/PROVISIONS INCORPORATED BY REFERENCE: THIS ORDER INCORPORATES ONE OR MORE CLAUSES BY REFERENCE, WITH THE SAME FORCE AND EFFECT AS IF THEY WERE GIVEN IN FULL TEXT. UPON REQUEST, THE CONTRACTING OFFICER WILL MAKE THEIR FULL TEXT AVAILABLE. ALSO, THE FULL TEXT OF A CLAUSE MAY BE ACCESSED ELECTRONICALLY AT THE FOLLOWING ADDRESS: https://www.acquisition.gov/far.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13 SYSTEM FOR SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS (JUN 2020)

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

52.223-1 BIO-BASED PRODUCT CERTIFICATION (MAY 2012).

52.223-2 AFFIRMATIVE PROCUREMENT OF BIO-BASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013).

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

CLAUSES/PROVISIONS IN FULL TEXT:

52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(A) THE GOVERNMENT WILL AWARD A CONTRACT RESULTING FROM THIS SOLICITATION TO THE RESPONSIBLE OFFEROR WHOSE OFFER CONFORMING TO THE SOLICITATION WILL BE MOST ADVANTAGEOUS TO THE GOVERNMENT, PRICE AND OTHER FACTORS CONSIDERED. THE FOLLOWING FACTORS SHALL BE USED TO EVALUATE OFFERS: IN RELATIVE ORDER OF IMPORTANCE

TECHNICAL CAPABILITY OF THE ITEM OFFERED TO MEET THE GOVERNMENT REQUIREMENT;

PAST PERFORMANCE

PRICE

TECHNICAL AND PAST PERFORMANCE, (WHICH ARE EQUAL), ARE MORE IMPORTANT THAN PRICE

(B) OPTIONS. THE GOVERNMENT WILL EVALUATE OFFERS FOR AWARD PURPOSES BY ADDING THE TOTAL PRICE FOR ALL OPTIONS TO THE TOTAL PRICE FOR THE BASIC REQUIREMENT. THE GOVERNMENT MAY DETERMINE THAT AN OFFER IS UNACCEPTABLE IF THE OPTION PRICES ARE SIGNIFICANTLY UNBALANCED. EVALUATION OF OPTIONS SHALL NOT OBLIGATE THE GOVERNMENT TO EXERCISE THE OPTION(S).

(C) A WRITTEN NOTICE OF AWARD OR ACCEPTANCE OF AN OFFER, MAILED OR OTHERWISE FURNISHED TO THE SUCCESSFUL OFFEROR WITHIN THE TIME FOR ACCEPTANCE SPECIFIED IN THE OFFER, SHALL RESULT IN A BINDING CONTRACT WITHOUT FURTHER ACTION BY EITHER PARTY. BEFORE THE OFFER’S SPECIFIED EXPIRATION TIME, THE GOVERNMENT MAY ACCEPT AN OFFER (OR PART OF AN OFFER), WHETHER OR NOT THERE ARE NEGOTIATIONS AFTER ITS RECEIPT, UNLESS A WRITTEN NOTICE OF WITHDRAWAL IS RECEIVED BEFORE AWARD.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (NOV 2020)

(A) THE CONTRACTOR SHALL COMPLY WITH THE FOLLOWING FEDERAL ACQUISITION REGULATION (FAR) CLAUSES, WHICH ARE INCORPORATED IN THIS CONTRACT BY REFERENCE, TO IMPLEMENT PROVISIONS OF LAW OR EXECUTIVE ORDERS APPLICABLE TO ACQUISITIONS OF COMMERCIAL ITEMS:

(1) 52.203-19, PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) (SECTION 743 OF DIVISION E, TITLE VII, OF THE CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2015 (PUB. L. 113-235) AND ITS SUCCESSOR PROVISIONS IN SUBSEQUENT APPROPRIATIONS ACTS (AND AS EXTENDED IN CONTINUING RESOLUTIONS)).

(2) 52.204-23, PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) (SECTION 1634 OF PUB. L. 115-91).

(3) 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2020) (SECTION 889(A)(1)(A) OF PUB. L. 115-232).

(4) 52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015).

(5) 52.233-3, PROTEST AFTER AWARD (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (PUBLIC LAWS 108-77 AND 108-78 ( 19 U.S.C. 3805 NOTE)).

(B) THE CONTRACTOR SHALL COMPLY WITH THE FAR CLAUSES IN THIS PARAGRAPH (B) THAT THE CONTRACTING OFFICER HAS INDICATED AS BEING INCORPORATED IN THIS CONTRACT BY REFERENCE TO IMPLEMENT PROVISIONS OF LAW OR EXECUTIVE ORDERS APPLICABLE TO ACQUISITIONS OF COMMERCIAL ITEMS:

_XX_ (1) 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUNE 2020), WITH ALTERNATE I (OCT 1995) (41 U.S.C. 4704 AND 10 U.S.C. 2402).

__ (2) 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020) (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.)

_XX_ (4) 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (PUB. L. 109-282) ( 31 U.S.C. 6101 NOTE).

__ (5) [RESERVED].

_XX_ (6) 52.204-14, SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) (PUB. L. 111-117, SECTION 743 OF DIV. C).

_XX_ (7) 52.204-15, SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) (PUB. L. 111-117, SECTION 743 OF DIV. C).

_XX_ (8) 52.209-6, PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (JUN 2020) (31 U.S.C. 6101 NOTE).

__ (9) 52.209-9, UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (41 U.S.C. 2313).

__ (10) [RESERVED].

__ (11) (I) 52.219-3, NOTICE OF HUBZONE SET-ASIDE OR SOLE-SOURCE AWARD (MAR 2020) (15 U.S.C. 657A).

__ (II) ALTERNATE I (MAR 2020) OF 52.219-3.

__ (12) (I) 52.219-4, NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (MAR 2020) (IF THE OFFEROR ELECTS TO WAIVE THE PREFERENCE, IT SHALL SO INDICATE IN ITS OFFER) (15 U.S.C. 657A).

__ (II) ALTERNATE I (MAR 2020) OF 52.219-4.

__ (13) [RESERVED]

__ (14) (I) 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) (15 U.S.C. 644).

_XX_ (II) ALTERNATE I (MAR 2020) OF 52.219-6.

__ (15) (I) 52.219-7, NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (NOV 2020) (15 U.S.C. 644).

__ (II) ALTERNATE I (MAR 2020) OF 52.219-7.

__ (16) 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) (15 U.S.C. 637(D)(2) AND (3)).

__ (17) (I) 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020) (15 U.S.C. 637(D)(4)).

__ (II) ALTERNATE I (NOV 2016) OF 52.219-9.

__ (III) ALTERNATE II (NOV 2016) OF 52.219-9.

__ (IV) ALTERNATE III (JUN 2020) OF 52.219-9.

__ (V) ALTERNATE IV (JUN 2020) OF 52.219-9

__ (18) (I) 52.219-13, NOTICE OF SET-ASIDE OF ORDERS (MAR 2020) (15 U.S.C. 644(R)).

(II) ALTERNATE I (MAR 2020) OF 52.219-13.

__ (19) 52.219-14, LIMITATIONS ON SUBCONTRACTING (MAR 2020) (15 U.S.C. 637(A)(14)).

__ (20) 52.219-16, LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (JAN 1999) (15 U.S.C. 637(D)(4)(F)(I)).

__ (21) 52.219-27, NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (MAR 2020) (15 U.S.C. 657F).

__ (22) (I) 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020) (15 U.S.C. 632(A)(2)).

(II) ALTERNATE I (MAR 2020) OF 52.219-28.

__ (23) 52.219-29, NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS CONCERNS (MAR 2020) (15 U.S.C. 637(M)).

__ (24) 52.219-30, NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, WOMEN-OWNED SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM (MAR2020) (15 U.S.C. 637(M)).

__ (25) 52.219-32, ORDERS ISSUED DIRECTLY UNDER SMALL BUSINESS RESERVES (MAR 2020) (15 U.S.C. 644(R)).

__ (26) 52.219-33, NONMANUFACTURER RULE (MAR 2020) (15U.S.C. 637(A)(17)).

_XX_ (27) 52.222-3, CONVICT LABOR (JUN 2003) (E.O.11755).

__ (28) 52.222-19, CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN2020) (E.O.13126).

_XX_ (29) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015).

__ (30) (I) 52.222-26, EQUAL OPPORTUNITY (SEP 2016) (E.O.11246).

__ (II) ALTERNATE I (FEB 1999) OF 52.222-26.

__ (31) (I) 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) (38 U.S.C. 4212).

__ (II) ALTERNATE I (JUL 2014) OF 52.222-35.

__ (32) (I) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) (29 U.S.C. 793).

_XX_ (II) ALTERNATE I (JUL 2014) OF 52.222-36.

_XX_ (33) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUN 2020) (38 U.S.C. 4212).

_XX_ (34) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496).

_XX_ (35) (I) 52.222-50, COMBATING TRAFFICKING IN PERSONS (OCT 2020) (22 U.S.C. CHAPTER 78 AND E.O. 13627).

__ (II) ALTERNATE I (MAR 2015) OF 52.222-50 (22 U.S.C. CHAPTER 78 AND E.O. 13627).

_XX_ (36) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015). (EXECUTIVE ORDER 12989). (NOT APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS OR CERTAIN OTHER TYPES OF COMMERCIAL ITEMS AS PRESCRIBED IN 22.1803.)

__ (37) (I) 52.223-9, ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA–DESIGNATED ITEMS (MAY 2008) ( 42 U.S.C. 6962(C)(3)(A)(II)). (NOT APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.)

__ (II) ALTERNATE I (MAY 2008) OF 52.223-9 (42 U.S.C. 6962(I)(2)(C)). (NOT APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.)

__ (38) 52.223-11, OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (JUN 2016) (E.O. 13693).

__ (40) (I) 52.223-13, ACQUISITION OF EPEAT®-REGISTERED IMAGING EQUIPMENT (JUN 2014) (E.O.S 13423 AND 13514).

__ (II) ALTERNATE I (OCT 2015) OF 52.223-13.

__ (41) (I) 52.223-14, ACQUISITION OF EPEAT®-REGISTERED TELEVISIONS (JUN 2014) (E.O.S 13423 AND 13514).

__ (II) ALTERNATE I (JUN2014) OF 52.223-14.

__ (42) 52.223-15, ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (MAY 2020) (42 U.S.C. 8259B).

__ (43) (I) 52.223-16, ACQUISITION OF EPEAT®-REGISTERED PERSONAL COMPUTER PRODUCTS (OCT 2015) (E.O.S 13423 AND 13514).

__ (II) ALTERNATE I (JUN 2014) OF 52.223-16.

_XX_ (44) 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) (E.O. 13513).

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

__ (46) 52.223-21, FOAMS (JUN2016) (E.O. 13693).

__ (47) (I) 52.224-3 PRIVACY TRAINING (JAN 2017) (5 U.S.C. 552 A).

__ (II) ALTERNATE I (JAN 2017) OF 52.224-3.

__ (48) 52.225-1, BUY AMERICAN-SUPPLIES (MAY 2014) (41 U.S.C. CHAPTER 83).

__ (49) (I) 52.225-3, BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT (MAY 2014) (41 U.S.C.CHAPTER83, 19 U.S.C. 3301 NOTE, 19 U.S.C. 2112 NOTE, 19 U.S.C. 3805 NOTE, 19 U.S.C. 4001 NOTE, PUB. L. 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 (MAY 2014) OF 52.225-3.

__ (III) ALTERNATE II (MAY 2014) OF 52.225-3.

__ (IV) ALTERNATE III (MAY 2014) OF 52.225-3.

__ (50) 52.225-5, TRADE AGREEMENTS (OCT 2019) (19 U.S.C. 2501, ET SEQ., 19 U.S.C. 3301 NOTE).

_XX_ (51) 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.’S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY).

__ (52) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (OCT 2016) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10 U.S.C. 2302NOTE).

__ (53) 52.226-4, NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE (NOV2007) (42 U.S.C. 5150).

__ (54) 52.226-5, RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA (NOV2007) (42 U.S.C. 5150).

__ (55) 52.229-12, TAX ON CERTAIN FOREIGN PROCUREMENTS (JUN 2020).

__ (56) 52.232-29, TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(F)).

__ (57) 52.232-30, INSTALLMENT PAYMENTS FOR COMMERCIAL ITEMS (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(F)).

_XX_ (58) 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (OCT2018) (31 U.S.C. 3332).

_XX_ (59) 52.232-34, PAYMENT BY ELECTRONIC FUNDS TRANSFER-OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332).

_XX_ (60) 52.232-36, PAYMENT BY THIRD PARTY (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) (5 U.S.C. 552A).

__ (62) 52.242-5, PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017) (15 U.S.C. 637(D)(13)).

__ (63) (I) 52.247-64, PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006) (46 U.S.C. APPX. 1241(B) AND 10 U.S.C. 2631).

__ (II) ALTERNATE I (APR 2003) OF 52.247-64.

__ (III) ALTERNATE II (FEB 2006) OF 52.247-64.

(C) THE CONTRACTOR SHALL COMPLY WITH THE FAR CLAUSES IN THIS PARAGRAPH (C), APPLICABLE TO COMMERCIAL SERVICES, THAT THE CONTRACTING OFFICER HAS INDICATED AS BEING INCORPORATED IN THIS CONTRACT BY REFERENCE TO IMPLEMENT PROVISIONS OF LAW OR EXECUTIVE ORDERS APPLICABLE TO ACQUISITIONS OF COMMERCIAL ITEMS:

_XX_ (1) 52.222-41, SERVICE CONTRACT LABOR STANDARDS (AUG 2018) (41 U.S.C. CHAPTER67).

_XX_ (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).

_XX_ (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).

_XX_ (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).

_XX_ (7) 52.222-55, MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020).

_XX_ (8) 52.222-62, PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (JUN 2020) (42 U.S.C. 1792).

(D) COMPTROLLER GENERAL EXAMINATION OF RECORD. THE CONTRACTOR SHALL COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH (D) IF THIS CONTRACT WAS AWARDED USING OTHER THAN SEALED BID, IS IN EXCESS OF THE SIMPLIFIED ACQUISITION THRESHOLD, AS DEFINED IN FAR 2.101, ON THE DATE OF AWARD OF THIS CONTRACT, AND DOES NOT CONTAIN THE CLAUSE AT 52.215-2, AUDIT AND RECORDS-NEGOTIATION.

(1) THE COMPTROLLER GENERAL OF THE UNITED STATES, OR AN AUTHORIZED REPRESENTATIVE OF THE COMPTROLLER GENERAL, SHALL HAVE ACCESS TO AND RIGHT TO EXAMINE ANY OF THE CONTRACTOR’S DIRECTLY PERTINENT RECORDS INVOLVING TRANSACTIONS RELATED TO THIS CONTRACT.

(2) THE CONTRACTOR SHALL MAKE AVAILABLE AT ITS OFFICES AT ALL REASONABLE TIMES THE RECORDS, MATERIALS, AND OTHER EVIDENCE FOR EXAMINATION, AUDIT, OR REPRODUCTION, UNTIL 3 YEARS AFTER FINAL PAYMENT UNDER THIS CONTRACT OR FOR ANY SHORTER PERIOD SPECIFIED IN FAR SUBPART 4.7, CONTRACTOR RECORDS RETENTION, OF THE OTHER CLAUSES OF THIS CONTRACT. IF THIS CONTRACT IS COMPLETELY OR PARTIALLY TERMINATED, THE RECORDS RELATING TO THE WORK TERMINATED SHALL BE MADE AVAILABLE FOR 3 YEARS AFTER ANY RESULTING FINAL TERMINATION SETTLEMENT. RECORDS RELATING TO APPEALS UNDER THE DISPUTES CLAUSE OR TO LITIGATION OR THE SETTLEMENT OF CLAIMS ARISING UNDER OR RELATING TO THIS CONTRACT SHALL BE MADE AVAILABLE UNTIL SUCH APPEALS, LITIGATION, OR CLAIMS ARE FINALLY RESOLVED.

(3) AS USED IN THIS CLAUSE, RECORDS INCLUDE BOOKS, DOCUMENTS, ACCOUNTING PROCEDURES AND PRACTICES, AND OTHER DATA, REGARDLESS OF TYPE AND REGARDLESS OF FORM. THIS DOES NOT REQUIRE THE CONTRACTOR TO CREATE OR MAINTAIN ANY RECORD THAT THE CONTRACTOR DOES NOT MAINTAIN IN THE ORDINARY COURSE OF BUSINESS OR PURSUANT TO A PROVISION OF LAW.

(E)

(1) NOTWITHSTANDING THE REQUIREMENTS OF THE CLAUSES IN PARAGRAPHS (A), (B), (C), AND (D) OF THIS CLAUSE, THE CONTRACTOR IS NOT REQUIRED TO FLOW DOWN ANY FAR CLAUSE, OTHER THAN THOSE IN THIS PARAGRAPH (E)(1) IN A SUBCONTRACT FOR COMMERCIAL ITEMS. UNLESS OTHERWISE INDICATED BELOW, THE EXTENT OF THE FLOW DOWN SHALL BE AS REQUIRED BY THE CLAUSE-

(I) 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020) (41 U.S.C. 3509).

(II) 52.203-19, PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) (SECTION 743 OF DIVISION E, TITLE VII, OF THE CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2015 (PUB. L. 113-235) AND ITS SUCCESSOR PROVISIONS IN SUBSEQUENT APPROPRIATIONS ACTS (AND AS EXTENDED IN CONTINUING RESOLUTIONS)).

(III) 52.204-23, PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) (SECTION 1634 OF PUB. L. 115-91).

(IV) 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2020) (SECTION 889(A)(1)(A) OF PUB. L. 115-232).

(V) 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) (15 U.S.C. 637(D)(2) AND (3)), IN ALL SUBCONTRACTS THAT OFFER FURTHER SUBCONTRACTING OPPORTUNITIES. IF THE SUBCONTRACT (EXCEPT SUBCONTRACTS TO SMALL BUSINESS CONCERNS) EXCEEDS THE APPLICABLE THRESHOLD SPECIFIED IN FAR 19.702(A) ON THE DATE OF SUBCONTRACT AWARD, THE SUBCONTRACTOR MUST INCLUDE 52.219-8 IN LOWER TIER SUBCONTRACTS THAT OFFER SUBCONTRACTING OPPORTUNITIES.

(VI) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015).

(VII) 52.222-26, EQUAL OPPORTUNITY (SEP 2015) (E.O.11246).

(VIII) 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) (38 U.S.C. 4212).

(IX) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) (29 U.S.C. 793).

(X) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUN 2020) (38 U.S.C. 4212).

(XI) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (F) OF FAR CLAUSE 52.222-40.

(XII) 52.222-41, SERVICE CONTRACT LABOR STANDARDS (AUG 2018) (41 U.S.C. CHAPTER 67).

(XIII) (A) 52.222-50, COMBATING TRAFFICKING IN PERSONS (OCT 2020) (22 U.S.C. CHAPTER 78 AND E.O 13627).

(B) ALTERNATE I (MAR 2015) OF 52.222-50 (22 U.S.C. CHAPTER 78 AND E.O. 13627).

(XIV) 52.222-51, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-REQUIREMENTS (MAY2014) (41 U.S.C. CHAPTER 67).

(XV) 52.222-53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES-REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67).

(XVI) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015) (E.O. 12989).

(XVII) 52.222-55, MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020).

(XVIII) 52.222-62, PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) (E.O. 13706).

(XIX) (A) 52.224-3, PRIVACY TRAINING (JAN 2017) (5 U.S.C. 552A).

(B) ALTERNATE I (JAN 2017) OF 52.224-3.

(XX) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (OCT 2016) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10 U.S.C. 2302 NOTE).

(XXI) 52.226-6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (JUN 2020) (42 U.S.C. 1792). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (E) OF FAR CLAUSE 52.226-6.

(XXII) 52.247-64, PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006) (46 U.S.C. APPX. 1241(B) AND 10 U.S.C. 2631). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (D) OF FAR CLAUSE 52.247-64.

(2) WHILE NOT REQUIRED, THE CONTRACTOR MAY INCLUDE IN ITS SUBCONTRACTS FOR COMMERCIAL ITEMS A MINIMAL NUMBER OF ADDITIONAL CLAUSES NECESSARY TO SATISFY ITS CONTRACTUAL OBLIGATIONS.

ALTERNATE I (FEB 2000). AS PRESCRIBED IN 12.301(B)(4)(I), DELETE PARAGRAPH (D) FROM THE BASIC CLAUSE, REDESIGNATE PARAGRAPH (E) AS PARAGRAPH (D), AND REVISE THE REFERENCE TO "PARAGRAPHS (A), (B), (C), OR (D) OF THIS CLAUSE" IN THE REDESIGNATED PARAGRAPH (D) TO READ "PARAGRAPHS (A), (B), AND (C) OF THIS CLAUSE".

ALTERNATE II. (NOV 2020) AS PRESCRIBED IN 12.301(B)(4)(II), SUBSTITUTE THE FOLLOWING PARAGRAPHS (D)(1) AND (E)(1) FOR PARAGRAPHS (D)(1) AND (E)(1) OF THE BASIC CLAUSE AS FOLLOWS:

(D)(1) THE COMPTROLLER GENERAL OF THE UNITED STATES, AN APPROPRIATE INSPECTOR GENERAL APPOINTED UNDER SECTION 3 OR 8 G OF THE INSPECTOR GENERAL ACT OF 1978 (5 U.S.C. APP.), OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THE FOREGOING OFFICIALS SHALL HAVE ACCESS TO AND RIGHT TO—

(I) EXAMINE ANY OF THE CONTRACTOR’S OR ANY SUBCONTRACTORS’ RECORDS THAT PERTAIN TO, AND INVOLVE TRANSACTIONS RELATING TO, THIS CONTRACT; AND

(II) INTERVIEW ANY OFFICER OR EMPLOYEE REGARDING SUCH TRANSACTIONS.

(E)(1) NOTWITHSTANDING THE REQUIREMENTS OF THE CLAUSES IN PARAGRAPHS (A), (B), AND (C), OF THIS CLAUSE, THE CONTRACTOR IS NOT REQUIRED TO FLOW DOWN ANY FAR CLAUSE IN A SUBCONTRACT FOR COMMERCIAL ITEMS, OTHER THAN—

(I) PARAGRAPH (D) OF THIS CLAUSE. THIS PARAGRAPH FLOWS DOWN TO ALL SUBCONTRACTS, EXCEPT THE AUTHORITY OF THE INSPECTOR GENERAL UNDER PARAGRAPH (D)(1)(II) DOES NOT FLOW DOWN; AND (II) THOSE CLAUSES LISTED IN THIS PARAGRAPH (E)(1). UNLESS OTHERWISE INDICATED BELOW, THE EXTENT OF THE FLOW DOWN SHALL BE AS REQUIRED BY THE CLAUSE-

(A) 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020) (41 U.S.C. 3509).

(B) 52.203-15, WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010) (SECTION 1553 OF PUB. L. 111-5).

(C) 52.204-23, PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) (SECTION 1634 OF PUB. L. 115-91).

(D) 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2020) (SECTION 889(A)(1)(A) OF PUB. L. 115-232).

(E) 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) (15 U.S.C. 637(D)(2) AND (3)), IN ALL SUBCONTRACTS THAT OFFER FURTHER SUBCONTRACTING OPPORTUNITIES. IF THE SUBCONTRACT (EXCEPT SUBCONTRACTS TO SMALL BUSINESS CONCERNS) EXCEEDS THE APPLICABLE THRESHOLD SPECIFIED IN FAR 19.702(A) ON THE DATE OF SUBCONTRACT AWARD, THE SUBCONTRACTOR MUST INCLUDE 52.219-8 IN LOWER TIER SUBCONTRACTS THAT OFFER SUBCONTRACTING OPPORTUNITIES.

(F) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (APR 2015).

(G) 52.222-26, EQUAL OPPORTUNITY (SEP 2016) (E.O. 11246).

(H) 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) (38 U.S.C. 4212).

(I) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) (29 U.S.C. 793).

(J) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (F) OF FAR CLAUSE 52.222-40.

(K) 52.222-41, SERVICE CONTRACT LABOR STANDARDS (AUG 2018) (41 U.S.C. CHAPTER 67).

(L) ___ (1) 52.222-50, COMBATING TRAFFICKING IN PERSONS (OCT 2020) (22 U.S.C. CHAPTER 78 AND E.O 13627).

___ (2) ALTERNATE I (MAR 2015) OF 52.222-50 (22 U.S.C. CHAPTER 78 AND E.O. 13627).

(M) 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).

(N) 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).

(O) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015) (EXECUTIVE ORDER 12989).

(P) 52.222-55, MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020).

(Q) 52.222-62, PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017) (E.O. 13706).

(R) (1) 52.224-3, PRIVACY TRAINING (JAN 2017) (5 U.S.C. 552A).

(2) ALTERNATE I (JAN 2017) OF 52.224-3.

(S) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (OCT 2016) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10 U.S.C. 2302 NOTE).

(T) 52.226-6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS. (JUN 2020) (42 U.S.C. 1792). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (E) OF FAR CLAUSE 52.226-6.

(U) 52.247-64, PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006) (46 U.S.C. APPX. 1241(B) AND 10 U.S.C. 2631). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (D) OF FAR CLAUSE 52.247-64.

ADDITIONAL INSTRUCTIONS IN FULL TEXT:

FAR CLASS DEVIATION FROM THE FEDERAL ACQUISITION REGULATION (FAR) FOR EXECUTIVE ORDER 13950 COMBATING RACE AND SEX STEREOTYPING 452.222-70 COMBATING RACE AND SEX STEREOTYPING. [(DEVIATION)]

(A) DEFINITIONS. AS USED IN THIS CLAUSE—

“RACE OR SEX SCAPEGOATING” MEANS ASSIGNING FAULT, BLAME, OR BIAS TO A RACE OR SEX, OR TO MEMBERS OF A RACE OR SEX BECAUSE OF THEIR RACE OR SEX.

“RACE OR SEX STEREOTYPING” MEANS ASCRIBING CHARACTER TRAITS, VALUES, MORAL AND ETHICAL CODES, PRIVILEGES, STATUS, OR BELIEFS TO A RACE OR SEX, OR TO AN INDIVIDUAL BECAUSE OF HIS OR HER RACE OR SEX.

(B) EXEMPTIONS. THE EXEMPTIONS THAT APPLY TO EXECUTIVE ORDER (E.O.) 11246 ALSO APPLY TO E.O. 13950. SEE FAR 22.807.

(C) COMPLIANCE WITH E. O. 13950, COMBATING RACE AND SEX STEREOTYPING. UNLESS EXEMPTED UNDER PARAGRAPH (B) OF THIS CLAUSE, THE CONTRACTOR SHALL NOT USE ANY WORKPLACE TRAINING THAT INCULCATES IN ITS EMPLOYEES ANY FORM OF RACE OR SEX STEREOTYPING OR ANY FORM OF RACE OR SEX SCAPEGOATING, INCLUDING THE CONCEPTS THAT—

(1) ONE RACE OR SEX IS INHERENTLY SUPERIOR TO ANOTHER RACE OR SEX;

(2) AN INDIVIDUAL, BY VIRTUE OF HIS OR HER RACE OR SEX, IS INHERENTLY RACIST, SEXIST, OR OPPRESSIVE, WHETHER CONSCIOUSLY OR UNCONSCIOUSLY;

(3) AN INDIVIDUAL SHOULD BE DISCRIMINATED AGAINST OR RECEIVE ADVERSE TREATMENT SOLELY OR PARTLY BECAUSE OF HIS OR HER RACE OR SEX;

(4) MEMBERS OF ONE RACE OR SEX CANNOT AND SHOULD NOT ATTEMPT TO TREAT OTHERS WITHOUT RESPECT TO RACE OR SEX;

(5) AN INDIVIDUAL’S MORAL CHARACTER IS NECESSARILY DETERMINED BY HIS OR HER RACE OR SEX;

(6) AN INDIVIDUAL, BY VIRTUE OF HIS OR HER RACE OR SEX, BEARS RESPONSIBILITY FOR ACTIONS COMMITTED IN THE PAST BY OTHER MEMBERS OF THE SAME RACE OR SEX;

(7) ANY INDIVIDUAL SHOULD FEEL DISCOMFORT, GUILT, ANGUISH, OR ANY OTHER FORM OF PSYCHOLOGICAL DISTRESS ON ACCOUNT OF HIS OR HER RACE OR SEX; OR

(8) MERITOCRACY OR TRAITS SUCH AS A HARD WORK ETHIC ARE RACIST OR SEXIST, OR WERE CREATED BY A PARTICULAR RACE TO OPPRESS ANOTHER RACE.

(D) NOTICE. THE CONTRACTOR SHALL SEND, TO EACH LABOR UNION OR REPRESENTATIVE OF WORKERS WITH WHICH IT HAS A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT OR UNDERSTANDING, THE NOTICE PROVIDED BELOW ADVISING THE LABOR UNION OR WORKERS’ REPRESENTATIVE OF THE CONTRACTOR’S COMMITMENTS UNDER THIS CLAUSE, AND POST COPIES OF THE NOTICE IN CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT.

NOTICE

E.O. 13950, COMBATING RACE AND SEX STEREOTYPING

EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS

CONTRACTORS SHALL NOT USE ANY WORKPLACE TRAINING THAT INCULCATES IN ITS EMPLOYEES ANY FORM OF RACE OR SEX STEREOTYPING OR ANY FORM OF RACE OR SEX SCAPEGOATING, INCLUDING THE FOLLOWING CONCEPTS THAT—

(1) ONE RACE OR SEX IS INHERENTLY SUPERIOR TO ANOTHER RACE OR SEX;

(2) AN INDIVIDUAL, BY VIRTUE OF HIS OR HER RACE OR SEX, IS INHERENTLY RACIST, SEXIST, OR OPPRESSIVE, WHETHER CONSCIOUSLY OR UNCONSCIOUSLY;

(3) AN INDIVIDUAL SHOULD BE DISCRIMINATED AGAINST OR RECEIVE ADVERSE TREATMENT SOLELY OR PARTLY BECAUSE OF HIS OR HER RACE OR SEX;

(4) MEMBERS OF ONE RACE OR SEX CANNOT AND SHOULD NOT ATTEMPT TO TREAT OTHERS WITHOUT RESPECT TO RACE OR SEX;

(5) AN INDIVIDUAL’S MORAL CHARACTER IS NECESSARILY DETERMINED BY HIS OR HER RACE OR SEX;

(6) AN INDIVIDUAL, BY VIRTUE OF HIS OR HER RACE OR SEX, BEARS RESPONSIBILITY FOR ACTIONS COMMITTED IN THE PAST BY OTHER MEMBERS OF THE SAME RACE OR SEX;

(7) ANY INDIVIDUAL SHOULD FEEL DISCOMFORT, GUILT, ANGUISH, OR ANY OTHER FORM OF PSYCHOLOGICAL DISTRESS ON ACCOUNT OF HIS OR HER RACE OR SEX; OR

(8) MERITOCRACY OR TRAITS SUCH AS A HARD WORK ETHIC ARE RACIST OR SEXIST, OR WERE CREATED BY A PARTICULAR RACE TO OPPRESS ANOTHER RACE.

FOR USE IN THIS NOTICE, THE TERMS—

“RACE OR SEX SCAPEGOATING” MEANS ASSIGNING FAULT, BLAME, OR BIAS TO A RACE OR SEX, OR TO MEMBERS OF A RACE OR SEX BECAUSE OF THEIR RACE OR SEX; AND

“RACE OR SEX STEREOTYPING” MEANS ASCRIBING CHARACTER TRAITS, VALUES, MORAL AND ETHICAL CODES, PRIVILEGES, STATUS, OR BELIEFS TO A RACE OR SEX, OR TO AN INDIVIDUAL BECAUSE OF HIS OR HER RACE OR SEX.

ANY PERSON WHO BELIEVES A CONTRACTOR HAS VIOLATED ITS NONDISCRIMINATION OR AFFIRMATIVE ACTION OBLIGATIONS UNDER THIS NOTICE SHOULD IMMEDIATELY CONTACT THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (OFCCP) COMPLAINT HOTLINE TO COMBAT RACE AND SEX STEREOTYPING AT 202-343-2008 OR VIA EMAIL AT OFCCPCOMPLAINTHOTLINE@DOL.GOV.

(END OF NOTICE)

(E) NONCOMPLIANCE. IF THE DEPARTMENT OF LABOR’S OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS (OFCCP) DETERMINES THAT THE CONTRACTOR IS NOT IN COMPLIANCE WITH THIS CLAUSE OR ANY RULE, REGULATION, OR ORDER OF THE SECRETARY OF LABOR, THIS CONTRACT MAY BE CANCELED, TERMINATED, OR SUSPENDED IN WHOLE OR IN PART AND THE CONTRACTOR MAY BE DECLARED INELIGIBLE FOR FURTHER GOVERNMENT CONTRACTS, UNDER THE PROCEDURES AUTHORIZED IN E. O. 11246, AS AMENDED. IN ADDITION, SANCTIONS MAY BE IMPOSED AND REMEDIES INVOKED AGAINST THE CONTRACTOR AS PROVIDED IN E. O. 11246, AS AMENDED; IN THE RULES, REGULATIONS, AND ORDERS OF THE SECRETARY OF LABOR; OR AS OTHERWISE PROVIDED BY LAW.

(F) SUBCONTRACTS.

(1) THE CONTRACTOR SHALL INCLUDE THE SUBSTANCE OF THIS CLAUSE, INCLUDING THIS PARAGRAPH (F), IN ALL SUBCONTRACTS THAT EXCEED $10,000 AND ARE NOT EXEMPTED BY THE RULES, REGULATIONS, OR ORDERS OF THE SECRETARY OF LABOR ISSUED UNDER E.O. 11246 AND E.O. 13950, AS AMENDED, SO THAT THESE TERMS AND CONDITIONS OF THIS CLAUSE WILL BE BINDING UPON EACH SUBCONTRACTOR.

(2) THE CONTRACTOR SHALL TAKE SUCH ACTION WITH RESPECT TO ANY SUBCONTRACT AS THE DIRECTOR OF OFCCP MAY DIRECT AS A MEANS OF ENFORCING THESE TERMS AND CONDITIONS, INCLUDING SANCTIONS FOR NONCOMPLIANCE, PROVIDED, THAT IF THE CONTRACTOR BECOMES INVOLVED IN, OR IS THREATENED WITH, LITIGATION WITH A SUBCONTRACTOR AS A RESULT OF ANY DIRECTION, THE CONTRACTOR MAY REQUEST THE UNITED STATES TO ENTER INTO THE LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

THE INITIAL PERIOD OF PERFORMANCE (BASE PERIOD) OF THIS CONTRACT WILL BE FROM DATE OF AWARD JANUARY 01 2021 THROUGH DECEMBER 31 2021

FAR 52.216 18 ORDERING (OCT 1995)

(A) ANY SUPPLIES AND SERVICES TO BE FURNISHED UNDER THIS CONTRACT SHALL BE ORDERED BY ISSUANCE OF DELIVERY ORDERS OR TASK ORDERS BY THE INDIVIDUALS OR ACTIVITIES IDENTIFIED BY LETTER BY THE CONTRACTING OFFICER. SUCH ORDERS MAY BE ISSUED FROM DATE OF AWARD OF THIS CONTRACT THROUGH THE EXPIRATION DATE OF THE CONTRACT AND ANY OPTIONS.

(B) ALL DELIVERY ORDERS OR TASK ORDERS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS CONTRACT. IN THE EVENT OF CONFLICT BETWEEN A DELIVERY ORDER OR TASK ORDER AND THIS CONTRACT, THE CONTRACT SHALL CONTROL.

(C) IF MAILED, A DELIVERY ORDER OR TASK ORDER IS CONSIDERED "ISSUED" WHEN THE GOVERNMENT DEPOSITS THE ORDER IN THE MAIL. ORDERS MAY BE ISSUED ORALLY, BY FACSIMILE, OR BY ELECTRONIC COMMERCE METHODS ONLY IF AUTHORIZED IN THE SCHEDULE.

FAR 52.216 19 ORDER LIMITATIONS (OCT 1995)

(A) MINIMUM ORDER. WHEN THE GOVERNMENT REQUIRES SUPPLIES OR SERVICES COVERED BY THIS CONTRACT IN AN AMOUNT OF LESS THAN $500.00, THE GOVERNMENT IS NOT OBLIGATED TO PURCHASE, NOR IS THE CONTRACTOR OBLIGATED TO FURNISH, THOSE SUPPLIES OR SERVICES UNDER THE CONTRACT.

(B) MAXIMUM ORDER. THE CONTRACTOR IS NOT OBLIGATED TO HONOR

(1) ANY ORDER FOR A SINGLE ITEM IN EXCESS OF $100,000.00;

(2) ANY ORDER FOR A COMBINATION OF ITEMS IN EXCESS OF $150,000.00; OR

(3) A SERIES OF ORDERS FROM THE SAME ORDERING OFFICE, WITHIN 30 DAYS, THAT TOGETHER CALL FOR QUANTITIES EXCEEDING THE LIMITATION IN SUBPARAGRAPH (1) OR (2) OF THIS SECTION.

(C) IF THIS IS A REQUIREMENTS CONTRACT (I.E., INCLUDES THE REQUIREMENTS CLAUSE AT SUBSECTION 52.216 21 OF THE FEDERAL ACQUISITION REGULATION (FAR)), THE GOVERNMENT IS NOT REQUIRED TO ORDER A PART OF ANY ONE REQUIREMENT FROM THE CONTRACTOR IF THAT REQUIREMENT EXCEEDS THE MAXIMUM ORDER LIMITATIONS IN PARAGRAPH (B) OF THIS SECTION.

(D) NOTWITHSTANDING PARAGRAPHS (B) AND (C) OF THIS SECTION, THE CONTRACTOR SHALL HONOR ANY ORDER EXCEEDING THE MAXIMUM ORDER LIMITATIONS IN PARAGRAPH (B), UNLESS THAT ORDER (OR ORDERS) IS RETURNED TO THE ORDERING OFFICE WITHIN 10 DAYS AFTER ISSUANCE, WITH WRITTEN NOTICE STATING THE CONTRACTOR'S INTENT NOT TO SHIP THE ITEM (OR ITEMS) CALLED FOR AND THE REASONS. UPON RECEIVING THIS NOTICE, THE GOVERNMENT MAY ACQUIRE THE SUPPLIES OR SERVICES FROM ANOTHER SOURCE.

FAR 52.216 22 INDEFINITE QUANTITY (OCT 1995)

(A) THIS IS AN INDEFINITE QUANTITY CONTRACT FOR THE SUPPLIES OR SERVICES SPECIFIED, AND EFFECTIVE FOR THE PERIOD STATED, IN THE SCHEDULE. THE QUANTITIES OF SUPPLIES AND SERVICES SPECIFIED IN THE SCHEDULE ARE ESTIMATES ONLY AND ARE NOT PURCHASED BY THIS CONTRACT.

(B) DELIVERY OR PERFORMANCE SHALL BE MADE ONLY AS AUTHORIZED BY ORDERS ISSUED IN ACCORDANCE WITH THE ORDERING CLAUSE. THE CONTRACTOR SHALL FURNISH TO THE GOVERNMENT, WHEN AND IF ORDERED, THE SUPPLIES OR SERVICES SPECIFIED IN THE SCHEDULE UP TO AND INCLUDING THE QUANTITY DESIGNATED IN THE SCHEDULE AS THE "MAXIMUM." THE GOVERNMENT SHALL ORDER AT LEAST THE QUANTITY OF SUPPLIES OR SERVICES DESIGNATED IN THE SCHEDULE AS THE "MINIMUM."

(C) EXCEPT FOR ANY LIMITATIONS ON QUANTITIES IN THE ORDER LIMITATIONS CLAUSE OR IN THE SCHEDULE, THERE IS NO LIMIT ON THE NUMBER OF ORDERS THAT MAY BE ISSUED. THE GOVERNMENT MAY ISSUE ORDERS REQUIRING DELIVERY TO MULTIPLE DESTINATIONS OR PERFORMANCE AT MULTIPLE LOCATIONS.

(D) ANY ORDER ISSUED DURING THE EFFECTIVE PERIOD OF THIS CONTRACT AND NOT COMPLETED WITHIN THAT PERIOD SHALL BE COMPLETED BY THE CONTRACTOR WITHIN THE TIME SPECIFIED IN THE ORDER. THE CONTRACT SHALL GOVERN THE CONTRACTOR'S AND GOVERNMENT'S RIGHTS AND OBLIGATIONS WITH RESPECT TO THAT ORDER TO THE SAME EXTENT AS IF THE ORDER WERE COMPLETED DURING THE CONTRACT'S EFFECTIVE PERIOD; PROVIDED, THAT THE CONTRACTOR SHALL NOT BE REQUIRED TO MAKE ANY DELIVERIES UNDER THIS CONTRACT AFTER ONE MONTH AFTER THE COMPLETION OF THE CONTRACT AND ANY OPTIONS.

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

DURING THE PERIOD SPECIFIED IN FAR CLAUSE 52.216-18, ORDERING, THE GOVERNMENT SHALL PLACE ORDERS TOTALING A MINIMUM OF $10,000.00 PER YEAR, BUT NOT IN EXCESS OF THE AWARDED SCHEDULE B MAXIMUM.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

THE GOVERNMENT MAY REQUIRE CONTINUED PERFORMANCE OF ANY SERVICES WITHIN THE LIMITS AND AT THE RATES SPECIFIED IN THE CONTRACT. THESE RATES MAY BE ADJUSTED ONLY AS A RESULT OF REVISIONS TO PREVAILING LABOR RATES PROVIDED BY THE SECRETARY OF LABOR. THE OPTION PROVISION MAY BE EXERCISED MORE THAN ONCE, BUT THE TOTAL EXTENSION OF PERFORMANCE HEREUNDER SHALL NOT EXCEED 6 MONTHS. THE CONTRACTING OFFICER MAY EXERCISE THE OPTION BY WRITTEN NOTICE TO THE CONTRACTOR WITHIN __9 MONTHS__

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

FUNDS ARE NOT PRESENTLY AVAILABLE FOR PERFORMANCE UNDER THIS CONTRACT BEYOND SEPTEMBER 30, 2021. THE GOVERNMENT’S OBLIGATION FOR PERFORMANCE OF THIS CONTRACT BEYOND THAT DATE IS CONTINGENT UPON THE AVAILABILITY OF APPROPRIATED FUNDS FROM WHICH PAYMENT FOR CONTRACT PURPOSES CAN BE MADE. NO LEGAL LIABILITY ON THE PART OF THE GOVERNMENT FOR ANY PAYMENT MAY ARISE FOR PERFORMANCE UNDER THIS CONTRACT BEYOND SEPTEMBER 30, 2021, UNTIL FUNDS ARE MADE AVAILABLE TO THE CONTRACTING OFFICER FOR PERFORMANCE AND UNTIL THE CONTRACTOR RECEIVES NOTICE OF AVAILABILITY, TO BE CONFIRMED IN WRITING BY THE CONTRACTING OFFICER.

BIO-BASED PRODUCTS:

THE CONTRACTOR MUST COMPLY WITH THE AGRICULTURAL ACT OF 2014; THE FOOD, CONSERVATION AND ENERGY ACT OF 2008 (FCEA), 7 U.S.C. 8102; THE FARM SECURITY AND RURAL INVESTMENT ACT OF 2002 (FSRIA), 7 U.S.C. 8102; THE FEDERAL ACQUISITION REGULATION; EXECUTIVE ORDER (EO) 13514, “FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY AND ECONOMIC PERFORMANCE,” DATED OCTOBER 5, 2009; EO 13423, “STRENGTHENING FEDERAL ENVIRONMENTAL, ENERGY, AND TRANSPORTATION MANAGEMENT,” DATED JANUARY 24, 2007; AND PRESIDENTIAL MEMORANDUM, “DRIVING INNOVATION AND CREATING JOBS IN RURAL AMERICA THROUGH BIO-BASED AND SUSTAINABLE PRODUCT PROCUREMENT,” DATED FEBRUARY, 2012 TO PROVIDE BIO-BASED PRODUCTS.

FOR MORE INFORMATION REGARDING THE DEPARTMENT OF AGRICULTURE BIO-BASED PROGRAM GO TO: HTTP://WWW.BIOPREFERRED.GOV.

INVOICING:

INVOICE CONTENT:

THE CONTRACTOR SHALL PREPARE AND SUBMIT INVOICES TO THE DESIGNATED BILLING OFFICE SPECIFIED IN THE CONTRACT.

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