SF 1449 - N4425525R0007.pdf
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- Solicitation - Concrete and Asphalt Recycling, Naval Base Kitsap, Silverdale, Washington
- Solicitation number
- N4425525R0007
About this file
This Standard Form 1449 (SF 1449) is a solicitation for concrete and asphalt recycling services for Naval Facilities Engineering Command Northwest at Naval Base Kitsap in Silverdale, Washington. The solicitation (N4425525R0007) is a Women-Owned Small Business (WOSB) set-aside contract with a base year from 15 September 2025 to 14 September 2026 and four one-year option periods through 14 September 2030, plus a potential six-month extension. The contractor will provide recycling services for approximately 150 tons of concrete and 50 tons of asphalt annually, with materials delivered by NAVFAC trucks to a contractor facility located within 50 road miles of Naval Base Kitsap.
The contract will be awarded using a lowest price technically acceptable evaluation methodology, with offerors evaluated on low price, distance from source to processing facility, and corporate experience. Proposals are due by 12:00 PM on 18 August 2025, with submission requirements including a completed Standard Form 1449, CLIN unit pricing form, distance declaration, corporate experience details, and compliance with various federal acquisition regulations. The contract has a minimum order of $1.00 and a maximum order of $2,500,000, with firm fixed pricing for each contract period. Contractors must have capabilities to handle and process various sizes of concrete and asphalt materials, including bulky items like keel blocks.
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Other files
| File | Type | Posted |
|---|---|---|
| N4425525R0007 Attachment 1-CLIN Unit Pricing Concrete and Aspahlt.xlsx | XLSX spreadsheet | |
| N4425525R0007 Attachment 4-PPI Form.docx | DOCX document | |
| Pierce County WD 2015-5539.pdf | ||
| Thurston County WD 2015-5533.pdf | ||
| Jefferson County WD 2015-5545.pdf | ||
| Mason County WD 2015-5551.pdf | ||
| N4425525R0007 Attachment 2-Distance Declaration.docx | DOCX document | |
| N4425525R0007 Attachment 3-Corporate Experience.docx | DOCX document | |
| Kitsap County WD 2015-5525.pdf | ||
| KIng County. WD 2015-5535.pdf |
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
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
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
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
29. AWARD OF CONTRACT: REFERENCE 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
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
Solicitation/Contract Form Continuation
Concrete and Asphalt Recycling
INDEX OF CONTENTS
Part Description I Standard Form 1449, Solicitation/Contract/Order for Commercial Items/Service II Performance Work Statement III Instruction to Offerors/ with Addenda IV Evaluation for Contract Award V List of Attachments/Exhibits
PROVIDE ALL REPS AND CERTS
Offerors are reminded that not all representations and certifications (reps & certs) may be available for completion in the System for Award Management (SAM). Offerors must complete all reps & certs required by this solicitation. Should any reps & certs not be available in SAM, the offeror must complete the reps & certs outside SAM and submit with their proposal. Offerors must keep their reps & certs up-to-date in SAM through the final proposal revision for all reps & certs available in SAM. Final proposal revisions should include an up-to-date and complete reps and certs submission.
SUBMISSION BY PRIME ONLY
Solicitation is published free at the SAM.gov website. Offers to the Government may only be submitted as directed in the RFQ. Second party submission of proposals on behalf of any prime will not be considered. Intended Primes must submit their proposal for themselves as directed in the RFQ.
N4425525R0007
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Allowed Per Order Minimum: 1.00 Dollars, U.S.
Maximum: 2,500,000.00 Dollars, U.S.
Contractor Minimum/Maximum to Deliver Maximum: 2,500,000.00 Dollars, U.S.
Government Minimum/Maximum to Order Minimum: 1.00 Dollars, U.S.
Item Supplies/Service Estimated Quantity
Unit Unit Price Amount
Base Year 2025 Concrete and Asphalt Recycling (Dependent on award date, planned Period of Performance 15 September 2025-14 September 2026)
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Option Year One (OY1) 2026 Concrete and Asphalt Recycling (Dependent on award date, planned Period of Performance 15 September 2026-14 September 2027)
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Option Year Two (OY2) 2027 Concrete and Asphalt Recycling (Dependent on award date, planned Period of Performance 15 September 2027-14 September 2028)
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Option Year Three (OY3) 2028 Concrete and Asphalt Recycling (Dependent on award date, planned Period of Performance 15 September 2028-14 September 2029)
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Option Year Four (OY4) 2029 Concrete and Asphalt Recycling (Dependent on award date, planned Period of Performance 15 September 2029-14 September 2030)
Pricing Arrangement: Firm Fixed Price
1 Job
Option Line Item
Option Year Five (OY5) 2030 Concrete and Asphalt Recycling Up to Six (6) Month Extension Clause IAW FAR 52.217-8 (Dependent on award date, planned Period of Performance 15 September 2030-15 March 2031) 1 Job
Pricing Arrangement: Firm Fixed Price
Continuation of Description
PERFORMANCE WORK STATEMENT
NAVAL FACILITIES ENGINEERING COMMAND NORTHWEST
Naval Base Kitsap, Wahington
1101 TAUTOG CIRCLE
SILVERDALE WA 98315
Concrete and Asphalt Recycling
Date: 16 July 2025
1.0 Introduction and Background
NAVFAC (Naval Facilities Engineering Command) produces concrete and asphalt. The concrete and asphalt are typically in the form of rubble with other demolished rebar reinforced concrete slabs or pillars varying in multiple sizes. Some possess integrated steel lifting eyes. Naval Base Kitsap Qualified Recycle Program has no stake or interest in the salvage rights associated with recoverable steel that may be found within concrete, and asphalt. Contractor may retain the salvage rights to all steel in all forms recovered from the recycling process.
These materials may possess minimal wood debris. In the future this contract may be modified to include additional concrete and asphalt recycling, which may include increased quantity and additional bulky items such as Keel blocks composed of concrete and rebar.
The Contractor shall provide all labor, management, supervision, tools, transportation, materials, facilities, and equipment to provide recycling services for concrete, and asphalt. Materials will be delivered to the Contractor's processing facility or receiving point by the Naval Facilities Engineering Systems Command's (NAVFAC) Integrated Solid Waste Program (ISWP) via various installations at Naval Base Kitsap (NBK).
Naval Facilities Engineering Command Northwest Public Works Department will administer this contract. Coordination between contractors and Government shall go through Public Works Department, specifically the Government Project Manager and Technical Point of Contact (POC) Charles Larson at , (360) 340-7524.Charles.A.Larson37.civ@us.navy.mil
2.0 Performance Requirements
The Contractor shall ensure compliance with all federal, state, and local laws and regulations related to concrete and asphalt recycling operations. The material will be delivered by NAVFAC-ISWP operated trucks. The Contractor's facility or receiving point shall be located within 50 road miles of Naval Base Kitsap.
a. Recycling: The Contractor shall provide recycling services and recycle the concrete, and asphalt. Estimated annual material tonnage includes:
-Concrete: 150 tons
-Asphalt: 50 tons
*Future contract modifications may include additional concrete and asphalt recycling, which may include increased quantity and additional bulky items such as Keel blocks composed of concrete and rebar. Contractor must have the capability to process bulk items Keel blocks composed of concrete and rebar.
N4425525R0007 mailto:Charles.A.Larson37.civ@us.navy.mil
b. Material Handling: The material may vary in size. The Contractor must have the capacity to receive materials by roll-off [Class B], 18-wheel flatbed trailers [Class A] or dump truck vehicles.
c. Contamination and Large Material Handling: The Contractor shall include pricing for handling large materials that need to be off-loaded by the Contractor using their own equipment. Recycler shall have the ability to process larger sized rubble such as Keel Blocks.
d. Protection of Government Property: The Contractor shall use every means at their disposal to prevent any damage to Government vehicles or other Government property during the execution of this work. If property becomes damaged, the contractor is to stop work and contact the Contracting Officer immediately. All work shall conform to commercial recycling industry standards and/or industry quality standards for the type of work indicated.
3.0 Procedures
The Contractor shall have procedures in place to segregate and weigh incoming materials from Naval Base Kitsap for billing and monthly reporting.
The Contractor shall have procedures in place for handling potentially contaminated materials, ensuring that all recycling and disposal meet or exceed local, state, and federal environmental regulations, including air and water quality.
4.0 Licenses and Permits
The Contractor must obtain and maintain all necessary business licenses and permits to lawfully accept and recycle commodities described in . The contractor shall submit proof of all the current Section 2.0 Recycling and necessary business licenses and permits required by the state to lawfully accept and recycle commodities described .Section 2.0 Recycling
5.0 Environmental Compliance
The Contractor shall demonstrate compliance with environmental regulations through current and applicable permits in Section 4.0. Licenses and Permits. The Contractor shall allow unscheduled site visits by NAVFAC personnel to review permits and licenses and conduct a visual inspection of the facility.
6.0 Quality Control
The Contractor shall be responsible for all quality control measures, ensuring compliance with all performance and safety requirements, including any applicable laws, regulations, codes, and standards. All work done in accomplishment of this contract shall be in accordance with the latest revisions of OSHA regulations.
7.0 Deliverables
Monthly Reporting:
The Contractor shall submit electronic weight tickets for all materials delivered to them in each month by the 15th of following month. Weight tickets must include:
-Type of material: concrete, asphalt, concrete asphalt mix.
-Individual weights of materials in tons
-Unique ticket number for each load
-Date of disposition
-Cost of disposition by material type
Monthly Summary:
The contractor shall submit a monthly electronic report that includes a summary for the month relative to the number of loads delivered, the average weight in tons per load, and the total tons delivered each month. This report should also include information on any contamination issues and corrective actions taken.
Monthly reporting and Monthly summary should be emailed to:
Integrated Solid Waste Program Manager.
Charles Larson Charles.A.Larson37.civ@us.navy.mil
8.0 Acquisition Regulations
The contractor shall be responsible for complying with applicable Federal Acquisition Regulations (FAR), Defense Acquisition Regulations Supplement (DFARS), Navy Marine Corps Acquisition Regulation Supplement (NMCARS), and NAVFAC Procedures, Guidance, and Information (NPGI).
9.0 Contract Duration and Options
The contract duration is one (1) base year with an option to renew for up to four (4) additional one-year terms, and one (1) additional six-month term.
10.0 Primary Points of Contact
Integrated Solid Waste Program Manager:
Charles Larson
Charles.a.larson37.civ@us.navy.mil
(360) 340-7524
Contracting Officer:
Joel Deare
Joel.v.deare.civ@us.navy.mil
(360) 396-4417
Contract Specialist
Moriah Carter
Moriah.a.carter.civ@us.navy.mil
(564) 252-9548
Requirements NAVFAC (Naval Facilities Engineering Command) produces concrete and asphalt. The concrete and asphalt are typically in the form of rubble with other demolished rebar reinforced concrete slabs or pillars varying in multiple sizes. Some possess integrated steel lifting eyes. Naval Base Kitsap Qualified Recycle Program has no
N4425525R0007 mailto:Charles.A.Larson37.civ@us.navy.mil mailto:Charles.a.larson37.civ@us.navy.mil mailto:Joel.v.deare.civ@us.navy.mil mailto:Moriah.a.carter.civ@us.navy.mil stake or interest in the salvage rights associated with recoverable steel that may be found within concrete, and asphalt. Contractor may retain the salvage rights to all steel in all forms recovered from the recycling process.
These materials may possess minimal wood debris. In the future this contract may be modified to include additional concrete and asphalt recycling, which may include increased quantity and additional bulky items such as Keel blocks composed of concrete and rebar.
Continuation of Packaging and Marking
Continuation of Inspection and Acceptance
Continuation of Deliveries or Performance
Government Destination
Continuation of Accounting and Appropriation Data
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. Dec 2023 52.204-7 System for Award Management. Nov 2024
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded
Jan 2025
52.222-3 Convict Labor. Jun 2003 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-41 Service Contract Labor Standards. Aug 2018 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.224-3 Privacy Training. Jan 2017 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004
52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.
Nov 2024
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Oct 2022)
Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2022)
(a) Evaluation preference.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.
(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.
(b) . A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will Waiver of evaluation preference be added to its offer for evaluation purposes.
[ ] Offeror elects to waive the evaluation preference.
(c) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the Joint venture.
joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires. (May 2014)
Statement of Equivalent Rates for Federal Hires (May 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies 29 CFR Part 4 the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
(End of clause)
52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (May 2024)
Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024)
(a) . As used in this clause-Definitions
Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.
High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (https://www.epa.gov/snap/).
Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.
Ozone-depleting substance, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:
Warning: Contains (or manufactured with, if applicable) * , a substance(s) which harm(s) public health and environment by ___ _ destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
(c) The Contractor shall refer to EPA's SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at https://www.epa.gov/snap/.
(End of clause)
52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)
Postaward Small Business Program Rerepresentation (Jan 2025)
(a) . As used in this clause-Definitions
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or Affiliates a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-
(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);
(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);
(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and
(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by of this clause paragraphs (b) and (c) by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number.____ ____
(2) [ .] The Contractor represents that Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause it [ ] is, [ ] is not, a small disadvantaged business concern as defined in .13 CFR 124.1001
(3) [ ] The Contractor represents that Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier ____ of each party to the joint venture: __.]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier ____ of each party to the joint venture: __ .]
(6) [ ] The Contractor represents that Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [ ] The Contractor Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.
represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) . The Contractor represents that it [ ] Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The ____ Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(9) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.
that-
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [ The Contractor shall enter the ____ names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[ Contractor to sign and date and insert authorized signer's name and title.] ____
(End of clause)
52.219-28 Postaward Small Business Program Rerepresentation. (Alternate I) (Jan 2025) Alternate I (Mar 2020)
Alternate I . As prescribed in (c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:(Mar 2020) 19.309
(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.
NAICS Code Small business concern (yes/no)
562910 ____
[ ]Contracting Officer to insert NAICS codes.
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
Invoicing Instructions will be provided in Full-Text at Task Order Award.
(End of clause)
Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
(Jan 2025)
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 (section 743 of Division E, Title VII, (Jan 2017) 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 (Section 1634 of Pub. L. 115-91).2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (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 (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
[X] 52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. (1) (Jun 2020), Alternate I (Nov 2021) 4655).
[X] 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)
[ ] 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (Jun 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (Nov 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (Jun 2020)
[ ] [Reserved].(6)
[X] 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)
[ ] 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)
[X] 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (Jun 2023)
[ ] 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and (10) Multi-Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)
[ ] (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
[ ] Alternate I of 52.204-30.(ii) (Dec 2023)
[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan
[X] 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)
[ ] [Reserved].(14)
[ ] 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) Oct 2022
[ ] 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) Oct 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] [Reserved](17)
[ ] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
[ ] Alternate I of 52.219-6.(ii) (Mar 2020)
[ ] (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
[ ] Alternate I of 52.219-7.(ii) (Mar 2020)
[X] 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(20) ( )Jan 2025
[ ] (21)
(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).( )Jan 2025
[ ] Alternate I of 52.219-9.(ii) (Nov 2016)
[ ] Alternate II of 52.219-9.(iii) (Nov 2016)
[ ] Alternate III of 52.219-9.(iv) (Jun 2020)
[ ] Alternate IV of 52.219-9.(v) ( )Jan 2025
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)
[ ] Alternate I of 52.219-13.(ii) (Mar 2020)
[X] 52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) Oct 2022
[X] 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)
[ ] 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024
[ ] (26)
(i) 52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).Postaward ( )Jan 2025
[ ] Alternate I of 52.219-28.(ii) (Mar 2020)
[ ] 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) Oct ) (15 U.S.C. 637(m)).2022
[ ] 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022
[ ] 52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)
[X] 52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)
[ ] 52.222-3, Convict Labor (E.O.11755).(31) (Jun 2003)
[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)
[ ] [Reserved](33)
[ ] [Reserved](34)
[X] (35)
(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
[ ] Alternate I of 52.222-35.(ii) (Jul 2014)
[X] (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
[ ] Alternate I of 52.222-36.(ii) (Jul 2014)
[X] 52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) Jun 2020
[X] 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)
[X] (39)
(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)
[ ] Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)
[X] (40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (Jan 2025) 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.)
[ ] Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (May 2008)
[ ] 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (May 2024) et seq.
[ ] 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.
[ ] 52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.
[ ] 52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.
[X] 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025- O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, (46) and 42 U.S.C. 7671l)
[X] (47)
(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)
[ ] Alternate I of 52.224-3.(ii) (Jan 2017)
[ ] (48)
(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)
[ ] Alternate I of 52.225-1.(ii) (Oct 2022)
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 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.
[ ] Alternate I [Reserved].(ii)
[ ] Alternate II of 52.225-3.(iii) (Jan 2025)
[ ] Alternate III of 52.225-3.(iv) (Feb 2024)
[ ] Alternate IV (Oct 2022) of 52.225-3.(v)
[ ] 52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
[ ] 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (Feb 2021) Assets Control of the Department of the Treasury).
[ ] 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
[ ] 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (Nov 2007)
[X] 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (May 2024)
[ ] 52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)
[ ] 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. (57) (Nov 2021) 3805).
[ ] 52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)
[ ] 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(59) (Oct2018)
[ ] 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)
[X] 52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)
[ ] 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)
[ ] 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)
[X] 52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (Jan 2017)
[ ] (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)
[ ] Alternate I of 52.247-64.(ii) (Apr 2003)
[ ] Alternate II of 52.247-64.(iii) (Nov 2021)
(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.
[X] 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)
[X] 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)
[X] 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (Aug (29 U.S.C. 206 and 41 U.S.C. chapter 67).2018)
[ ] 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).
[ ] 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41 U.S.C. chapter 67).
[X] 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)
[X] 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)
[ ] 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
[ ] 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(10) (Jan 2025) (g)).
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record 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-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(Nov 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)
(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 (Section 1634 of Pub. L. 115-91).2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
(B) Alternate I of 52.204-30.(Dec 2023)
(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting ( )Jan 2025 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.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I of 52.224-3.(Jan 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (Jun 2020) paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
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