SF1449 M67400-25-Q-0009 ISTF Heavy Equipment Leasing Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

M6740025Q0009 06-Mar-2025

b. TELEPHONE NUMBER

315-645-3607

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 07 Apr 2025

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M674009. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MAJ ERICH G LAMM

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M001725708688

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MCIPAC REGIONAL CONTRACTING OFFICE

MCB CAMP S.D. BUTLER

OKINAWA 904-0100

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M20227 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

M20227

JOHN M. PETERS

IE, KUNIGAMI DISTRICT, OKINAWA 905-0505

IE AP 905-0505

TEL: DSN: (315) 645-7571 FAX:

FAX:

TEL: 315-645-3607

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$40,000,000

NAICS:

532412

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF35

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

Performance Work Statement

SECTION I DESCRIPTION OF SERVICES

1.0 BACKGROUND

1.1 The purpose of this Performance Work Statement (PWS) is to outline the requirement to provide rental heavy equipment for use at Ie Shima Training Facility (ISTF), Okinawa, Japan in support of

Marine Wing Support Squadron 172. The rental heavy equipment will be operated by United States

Government (USG) personnel for a construction project which is expected to proceed from 8 May

2025 to 7 January 2026. This equipment is critical to the project and any down time for equipment will delay the construction.

1.2 Scope of Work. The Contractor shall provide qualified personnel, supervision, materials, parts equipment, tools, and transportation to provide equipment rental services in accordance with the equipment list in PWS 1.3. The transport of the rental equipment to and from ISTF and the preventive and corrective maintenance are the responsibility of the Contractor Delivery and pick up of equipment will take place at the Coral Runway at Ie Shima Training Facility (ISTF), Okinawa, Japan.

1.3 Exhibit A. Equipment List.

ITEM DESCRIPTION ITEM DESCRIPTION (JP) QUANTITY

MANUFACTURER

(OR LIKE MODEL) MODEL#

Compactor ローラー 2 SAKAI SV544D

Water Truck w 4,000 liter tank-Minimum (water dispenses from front and rear of truck)

=>4,000ガロン・タン ク付き給水車（トラッ

クの前方と後方から水

を供給） 2 ISUZU

4000 liter water tank truck

Front end loader with forks and bucket attachments (some variants have detachable forks and buckets) (some have forks that attach directly to the bucket) either version is acceptable

フォークとバケット・

アタッチメント付きの

フロントエンド・ロー

ダー（フォークとバケ

ットが取り外し可能な

タイプもある）（バケ

ットに直接フォークを

取り付けるタイプもあ

る）どちらでも可。 2 KOMATSU WA200-8

1.4 Equipment Leasing Includes.

1) English manual for each machine

2) On-site maintenance assessment within 72 hours of notice

3) Repair or replace equipment within 72 hours after maintenance assessment

4) Delivery to ISTF (NLT 8 May 2025)

5) Pickup from ISTF (Within 15 days after government notification)

6) The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services.

1.5 Condition of Rental Equipment. The Contractor shall furnish equipment which meets or exceeds commercial performance standards. During delivery, the Contractor shall ensure to demonstrate that the equipment is properly working. This demonstration shall be accomplished pursuant to the operating instructions furnished with each piece of equipment (in English) and in the presence of the

Contracting Officer Representative (COR). Upon satisfactory completion of this demonstration, final inspection and acceptance of the equipment will be made by the COR. The rental equipment shall be in compliance with the Government of Japan Safety Standard Requirement applicable to the equipment.

1.6 Equipment Maintenance Services. The Contractor shall provide preventative maintenance, corrective maintenance, inspections, adjusting, function testing, repair, labor, materials on site at

ISTF in accordance with the manufacturer’s specifications and recommendations, to maintain the equipment in a safe and serviceable condition. On site materials can include Contractor’s recommended forward staged maintenance capability at the Contractor’s discretion to facilitate timely repair and maintenance of leased equipment. Maintenance inspections will be performed monthly at a minimum.

1.7 Contractor’s Responsibilities. Contractor shall be responsible for the maintenance of the equipment during the period of performance of the rental, to include but not limited to the following:

1) Conduct scheduled preventative maintenance per manufacture manual.

2) Conduct corrective maintenance and major component repairs.

3) Provide replacement for minor or major component parts due to wear and tear, mechanical failures and defects.

4) Forward staging, storage, and accountability of replacement parts or equipment. Contractor may request use of USG space available on ISTF for forward staging of replacement parts or equipment per PWS 1.6.

5) Registration of the rented equipment.

6) Ensure rental equipment complies with Japanese Safety Standard Requirement and other applicable law and regulations.

7) Provide substitute equipment/similar equipment if the equipment cannot be repaired on site at

ISTF.

8) Perform joint inspection with the Government. A copy of each inspection will be maintained by the Government and Contractor.

9) In the event the equipment rental becomes inoperable due to unforeseen circumstances or equipment found to be defective after delivery, the Contractor shall furnish substitute equipment within 72 hours.

10) Replacements shall include Contractor-provided transportation of the working equipment to

ISTF and removal of the degraded equipment. Alternatively, equipment may also be repaired by the Contractor on site at ISTF if coordinated and approved by the COR.

11) Contractor shall provide appropriate identification on its rental equipment. The company name shall be displayed on each of the Contractor's vehicles in a manner and size that is clearly visible. All vehicles shall display a valid license plate. Vehicles shall meet all other requirements of the local vehicle code, such as safety standards, and shall carry proof of insurance, safety inspection record and registration. The Contractor's vehicle list shall be submitted to the COR and the Contracting Officer in a timely manner. The list should include at least the following information.

▪ Make

▪ Year

▪ Type

▪ License Number

▪ Insurance Company

▪ Policy Number

▪ Expiration Date of Insurance

1.8 Government Responsibilities. During the rental period, the United States Government (USG) is responsible for the following:

1) USG is responsible and liable for negligent damage and injuries incurred during the operation of rental equipment.

2) USG is responsible for the cleanliness of rental equipment throughout the rental period and will clean rental equipment before return.

3) USG will provide the base access pass to the designated contract representative to perform contract matters during the rental period.

4) USG is responsible for procuring, storing, and refueling during the period of performance.

1.9 Report of Findings.

1) Contract Discrepancy Report: The Contracting Officer may send a contract discrepancy report to the Contractor listing the deficiencies in the rental equipment services. The Contractor shall inform the Contracting Office in writing, within three (3) calendar days of receipt of the report, of the action the Contractor proposes to take to remedy the deficiencies, and of the measures the Contractor plans to adopt to ensure that similar deficiencies will not reoccur in the future.

1.10 Emergency Service Call. The Contractor shall respond to service calls by the Contracting Officer or designated representative between the hours of 0730-1630, Monday through Friday and shall respond to these service calls within twenty-four hours (24) for equipment breakdowns, and towing service. The Contractor shall have a representative to take service calls and must be able to read, write, speak and understand English.

1.11 Delivery. The equipment shall be delivered at the delivery point specified below no later than 8 May

2025.

1) Delivery point will be at the Coral Runway at Ie Shima Training Facility (ISTF), Okinawa, Japan.

2) The equipment shall be fully serviced when delivered to the U.S. Government. Services shall include but not be limited to: proper lubrication levels, battery, water levels, electrical check, full tank of fuel and other maintenance requirements set forth in the manufacturer’s warranty.

3) If the Contractor is unable to deliver the equipment within the time frame specified in Section

1.4 above due to inclement weather or other circumstances, the Contractor shall contact the

COR immediately for further instructions.

4) Pick up point will be the same as Delivery point.

5) The Contractor shall deliver and pick up equipment during the following hours: 7:45 AM through 16:30PM, Monday through Friday and may include Saturday and Sunday. Once rental services are no longer needed, the Contractor shall pick up equipment within 15 days after receipt of government notification.

1.12 Deployment. USG has reserved a barge location at the port of debarkation (Ie Village Port) on 8 and 9 May 2025 for the purpose of the offload of equipment under this contract. Upon award, the awardee shall coordinate with the port authorities for any remaining details to ensure delivery during these days.

1.13 Redeployment. USG has not reserved redeployment port reservations for this contract. Upon notification from the USG, the Contractor shall coordinate with the port authorities for redeployment of the leased equipment.

1.14 Contractor proposed changes to delivery schedule. All proposed changes to schedule shall be coordinated with the USG immediately and an amended delivery schedule will be signed by the

Contracting Officer Representative (COR) and Contractor documenting bilateral concurrence for each change to schedule within 72 hours of notification.

1.15 USG proposed changes to delivery schedule. The COR will notify Contractor to reschedule movements for USG convenience in writing within (72) hours prior to scheduled movement. The

Contractor shall respond to the adjusted delivery schedule in writing. If Contractor disagrees with the schedule change, the COR will provide alternate means for delivery to maintain the original schedule, or the Contracting Officer will be notified to negotiate a resolution.

1.16 Weather Delays. Delivery shall be postponed due to typhoon or weather conditions that suspend barge or ferry transportation. Contractor shall reschedule delivery once barge/ferry transportation is operational and provide the updated barge movement schedule within 72 hours.

1.17 Coordination with Port Authorities. Contractor shall coordinate their transportation to include the barge transport which requires coordination with the embarkation and debarkation location’s port authorities. Due to the service start date being within several days from the expected award date for this contract, the USG has reserved the debarkation port at Ie Village for 8 and 9 May 2025. For all other transportation and movements, the Contractor shall coordinate directly with the port authorities for reservations.

1.18 Ship management section, Local Public Enterprise Division, Ie Village (伊江村公営企業課

船舶事業係）.

Kazuya Shimabukuro （島袋 和也）0980-49-2255 kazuya@vill.ie.lg.jp

SECTION II

GOVERNMENT FURNISHED PROPERTIES AND SERVICES

2.0 GOVERNMENT- FURNISHED MATERIALS (GFM): N/A

2.1 SERVICES - The Government will provide the following services:

2.1.1 Damage of the rented equipment: USG is required to immediately report to the Contracting

Officer and the Contractor, when the rented equipment is damaged during the operation. If the equipment is damaged while in use by the USG, the USG will do an investigation to determine the cause of the damage. If it is determined that the equipment was damaged by the USG, the USG shall be liable. Any payments made for the repair of said damages, will be paid through the claims process under FAR 33.2.

2.1.2 Personal Injuries: USG shall be responsible and liable for personal injuries incurred during the operation of rental equipment.

2.1.3 Police and Fire Protection: The following telephone numbers are provided to the Contractor in the event of an emergency:

▪ Police Emergency Number: 911 (On-Base)

▪ Provost Marshall: 911 (On Base)

▪ Fire Protection: 911 (Off-Base)

SECTION III GENERAL INFORMATION

3.0 QUALITY CONTROL: The Contractor shall develop and maintain a quality control program to ensure services are performed in accordance with commonly accepted commercial practices and specifications as referenced in the owner’s manual. The Contractor shall develop and implement procedures to identify and prevent defective services. The USG evaluator shall have a specific quality control inspector to notify in the event deficiencies are found. Records of all inspections conducted by the Contractor, and corrective action taken, shall be made available to the USG upon request.

3.1 QUALITY ASSURANCE: The USG may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the USG may decrease the number of quality control inspections if performance dictates. The USG shall also investigate any complaints received.

The Contractor shall be responsible for initially validating customer complaints; however, the USG representative shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s).

3.2 GOVERNMENT REMEDIES: The Contracting Officer shall follow the requirements of FAR

52.212-4, Contract Terms and Conditions for Commercial Items (May 2015), for Contractor’s failure to correct nonconforming services.

3.3 PLACE OF PERFORMANCE: Runway at Ie Shima Training Facility (ISTF), Okinawa, Japan.

3.4 CONTRACT PERIOD OF PERFORMANCE: The period of performance in accordance with the specifications of this contract is as follows:

• 8 May 2025 through 7 January 2026

3.5 HOURS OF OPERATION, HOLIDAYS, AND SCHEDULE CHANGES:

3.5.1 Regular Working Hours: The USG representatives regular working hours are from 0730 to 1630

Hours, Monday through Friday.

3.5.2 Weather Delays. Delivery shall be postponed due to typhoon or weather conditions that suspend barge or ferry transportation. Contractor shall reschedule delivery once barge/ferry transportation is operational and provide the updated barge movement schedule within 72 hours.

3.5.3 Typhoon Conditions. Japan-based military installations close when Tropical Cyclone Condition of

Readiness 1C (TCCOR 1C or TC-1C) is declared by Military Weather Station authorities. The Contractor shall depart military bases, remain indoors, and monitor radio/television to determine when the TCCOR changes to

TCCOR SW (Storm Watch) or TCCOR AC (All Clear). When TCCOR SW is declared by Military Weather

Station authorities, the Contractor shall restart the service within 2 hours. If that occurs after normal business hours, services shall begin the next normal workday at 7:30am.

3.5.4 Holidays. The Contractor may be required to work during local and/or United States holiday periods.

3.6 TRUCK AND TRAILER OPERATOR IN THE EVENT OF DELIVERY OF EQUIPMENT

WHERE THE EQUIPMENT IS PLACED ON A TRUCK/TRAILER:

1) Vehicle operator shall be instructed to comply with all applicable traffic regulations/requirements both on and off base.

2) Protection of any debris falling off trucks. All loads shall be placed and secured on vehicles so as to prohibit shifting or loss of the load while in transit. All loads shall be inspected by the site safety supervisor prior to dispatching them off-site.

3.7 ENVIRONMENTAL:

3.7.1 Compliance with Laws and Regulations: The Contractor shall ensure compliance with Japan

Environmental Governing Standards (JEGS). In the event environmental laws/regulations change during the term of this contract, the Contractor is required to comply as such laws come into effect.

3.7.2 Hazardous Material Spill Response Requirements: The Contractor shall prevent, contain, clean up, and report all spills on Government property caused by the Contractor, in a manner that complies with applicable U.S. Federal, Government of Japan, and local laws and Regulations. The Contractor shall:

1) Have a source of communication available to the vehicle operator (cell phone)

2) Carry a spill response kit on the vehicle (appropriate for the chemical on board)

3) Follow the procedure below, when any Hazardous Materials are spilled on-base.

▪ From an on-base phone line, dial 911

*The liability for the spill or release of such substance rests solely with the Contractor.

When any Hazardous Materials are spilled on-base the contractor is to follow the procedure below.

a. Call Contract Manager

b. Provide: Time & your name, phone No. and Bldg. No and/or location

c. Describe the following:

i. The chemicals potentially involved.

ii. Behavior of the material (reaction observed)

iii. Source of spill (i.e. tank, container)

iv. Any personnel in the vicinity

v. Volume of the spill

vi. Spill movement (i.e. is the spill going into drainage ditches)

-- Stop the release if the spill can be contained without endangering personnel health and safety

a. Dike-Dam-Divert to keep the spill area as small as possible.

b. Cover storm water drains and prevent the spill from entering drainage ditches or water resources.

-- Notify Government Representative

a. When spills occur due to the damage of the government facilities, the Contractor is immediately required to notify the Government Representative and Base Environmental at the spill site.

3.7.3 Fire Prevention: The Contractor is responsible for following fire prevention practices and procedures. Any condition found that may constitute a fire hazard or compromise fire safety shall be brought to the attention of the Government Representative and Camp Fire Department.

3.8 GENERAL DEFINITIONS:

3.8.1 Contracting Officer (CO): USG official authorized to enter into, make changes to, or terminate contracts on behalf of the US Government. Contracting officers are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.

3.8.2 Government Representative (also identified as COR): The USG will evaluate the Contractor’s performance by Government Representative, to monitor performance to ensure services are received. The

Government Representative will evaluate the Contractor’s performance through on-site inspections of the

Contractor’s quality control program and receipt complaints from base personnel. The USG may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints.

Likewise, the USG may decrease the number of quality control inspections if merited by performance.

3.8.3 Defective Service: A service output that does not meet the standard of performance specified in the contract for that particular service.

3.8.4 Quality Assurance: A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For purposes of this contract, quality assurance refers to actions by the USG.

3.8.5 Quality Control: Those actions taken by a Contractor to control the production outputs to ensure that they conform to the contract requirements.

M6740025Q0009

3.9 OCCUPATIONAL SAFETY AND HEALTH

3.9.1 Safety: It is the Contractor’s responsibility to ensure the safety of their personnel. Requirements for safety will be strictly adhered to as they pertain to Contractor operations and as required. The

Contractor shall implement safety practices in accordance with Marine Corp Base Safety policies.

3.9.2 Safety and Accident Prevention: In performing work under this contract on a USG installation, the

Contractor shall conform to the specific safety requirements prescribed by the USG installation and take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes. The Contractor agrees to take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and USG personnel performing or in any way coming in contact with the performance of this contract on such premises.

Any violation of such rules and requirements, unless promptly corrected as directed by the

Contracting Officer, shall be grounds for termination of this contract in accordance with the default provisions hereof.

3.9.3 Safety Requirement and Reports:

a) The Government will not provide safety equipment to the Contractor. All work shall be conducted in a safe manner and shall comply with Japanese and local regulations.

b) Prior to commencing work, the Contractor shall meet in conference with the Contracting Office to discuss and develop mutual understandings relative to administration of the Safety Program.

c) The Contractor shall report to the Regional Contracting Office – Far East all accidents resulting in death, trauma, or occupational disease. All accidents must be reported to the Contracting

Office not later than 24 hours after the occurrence.

d) The Contractor shall submit to the COR a full report of damage to Government property and/or equipment by Contractor’s employees. All damage reports shall be submitted to the Contracting

Office not later than 24 hour after the occurrence.

3.9.4 Insurance: The Contractor shall, at its own expense, procure and thereafter maintain workmen’s compensation insurance or equivalent workmen’s compensation coverage, as required or prescribed by law, with minimum employer liability limit required by Japanese law for accidental bodily injury, death, or occupational disease. See USFJ INST 31-205, page 56, Figure 4.1, "Type of Damage and

Responsibility”.

3.9.5 Personal Protective Equipment: The Contractor shall be responsible for providing the following types of personal protective equipment:

▪ Eye and Face Protection: Contractor shall provide eye and face protection in accordance with

29 CFR Part 1910.133, and as referenced in Appendix A.

▪ Head Protection: Contractor shall provide head protection in accordance with 29 CFR Part

1910.135, and as referenced in Appendix A.

▪ Foot Protection: Contractor shall provide foot protection in accordance with 29 CFR Part

1910.136, and as referenced in Appendix A.

▪ Hand Protection: Contractor shall provide hand protection in accordance with 29 CFR Part

1910.138, and as referenced in Appendix A.

3.10 CONTRACTOR KEY PERSONNEL

3.10.1 Contract Manager: The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate, who shall act on behalf of the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer.

The Contracting Officer shall be notified of any future changes to the names of the designated person(s).

3.10.2 The Contract Manager shall have full authority to act on behalf of the Contractor on all contract matters relating to the daily operation of this contract.

3.10.3 The Contract Manager, or alternate shall be available during normal duty hours, within one workday, to meet on with USG personnel to discuss problem areas.

3.10.4 The Contract Manager and alternate or alternates must be able to read, write, speak and understand

English.

3.10.5 The Contractor shall provide the Contracting Officer and the Government Representative with the names of a primary and alternate point of contact with telephone numbers, in case of emergency.

3.10.6 Smoking is not permitted in any USG building or work area. Smoking is authorized only in designated areas.

3.11 Non-Personal Services. This is a non-personal service, performance-based contract. The contractor bears responsibility to manage its employees and guard against any actions that could be characterized as personal services as defined in FAR 37.104, or which convey the perception that personal services are being delivered. No provisions are implied nor provided in this contract for any benefits such as medical care, retirement, or worker’s compensation, other than those incorporated through enumerated clauses.

4.0 Performance Requirement Summary

Task Performance

Objective

PWS

Reference

Performance

Standard

Acceptable

Quality Level

(AQL)

Surveillance

Method

Condition of Rental

Equipment

(Delivery)

The Contractor shall furnish equipment which meets or exceeds commercial performance standards.

1.5 Contractor shall

ensure to demonstrate that the equipment is properly working.

Equipment is properly working according to the manufacturers design specifications.

During delivery, the Contractor shall ensure to demonstrate that the equipment is properly working.

This demonstration shall be accomplished pursuant to the operating instructions furnished with each piece of equipment and in the presence of the COR.

Maintenance and

Upkeep

The Contractor shall provide preventative maintenance, corrective maintenance, inspections, adjusting, function testing, repair, labor, materials on site at ISTF in accordance with the manufacturer’s specifications and recommendations, to maintain the equipment in a safe and serviceable condition.

1.6 Maintenance

inspections will be performed monthly at a minimum.

Equipment is properly working, repairs made within 72 hours, or replacement equipment provided within

72 hours.

Contractor shall perform monthly maintenance inspections and report status to

COR.

Delivery/Pickup The equipment shall be delivered at the delivery

1.1 Contractor shall

coordinate

All movements coordinated with

COR and

Contractor shall point specified below no later than 8 May 2025.

Contractor shall coordinate with COR for delays to delivery/pickup.

delivery details with the COR and any changes to schedule.

COR greater than

(72) hours from movement or changes in writing within (72) hours prior to scheduled movement agree to the movement schedule and all changes.

SECTION IV APPENDICES

Appendix A: Consolidated Listing of Applicable Publications and Regulations

Publication Title Date

29 CFR Part 1910.133

Occupational Safety and Health Administration Act

Eye and face protection.

25 March 2016

29 CFR Part 1910.135

Head protection.

22 June 2012

29 CFR Part 1910.136

Foot Protection

10 July 2014

29 CFR Part 1910.138

Hand Protection

6 April 1994

Japanese Environmental

Government Standards

Department of Defense Japan Environmental

Governing Standards

April 2016

MCO 5100.8

Marine Corps Ground Occupational Safety and Health

15 May 2006

MCO 5100.29C Marine Corps Safety Management System 8 Feb 2022

Appendix B: Examples of Equipment

ローラー / Compactor

At least 4,000ガロン・タンク付き給水車（トラックの前方と後方から水を供給）/ Water Truck w 4,000 liter tank-minimum (water dispenses from front and rear of truck)

フォークとバケット・アタッチメント付きのフロントエンド・ローダー（フォークとバケットが取り外

し可能なタイプもある）（バケットに直接フォークを取り付けるタイプもある）どちらでも可。 /

Front end loader with forks and bucket attachments (some variants have detachable forks and buckets)

(some have forks that attach directly to the bucket) either version works for us

(End Statement of Work)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 8 Months

HEAVY EQUIPMENT RENTAL SERVICES

FFP

Rental of heavy duty equipment at the Ie Shima Training Facility (ISTF), Okinawa, Japan in support of the ISTF Runway Repair Project in accordance with the PWS.

See Exhibit A for the sample image of each piece of equipment.

FOB: Destination

PURCHASE REQUEST NUMBER: M001725708688

PSC CD: W038

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 08-MAY-2025 TO

07-JAN-2026

N/A M20227

JOHN M. PETERS

IE, KUNIGAMI DISTRICT, OKINAWA 905-

IE AP 905-0505

DSN: (315) 645-7571

FOB: Destination

M20227

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management NOV 2024

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 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.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-2 Evaluation - Commercial Items NOV 2021

52.212-3 Alt I Offeror Representations and Certifications--Commercial

Products and Commercial Services (MAY 2024) Alternate I

FEB 2024

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

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

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.205-7000 Provision Of Information To Cooperative Agreement Holders OCT 2024

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7012 Preference For Certain Domestic Commodities APR 2022

252.225-7041 Correspondence in English JUN 1997

252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013

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

252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION

2018-O0019)

AUG 2018

252.229-7001 Tax Relief APR 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.243-7002 Requests for Equitable Adjustment DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

52.212-5 (MARCH 2025)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0003)

(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: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

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

Act of 2009.)

___ (4) 52.203-17, 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).

XX (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).

XX (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.

XX (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.

____ (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 Rerepresentation (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).

XX (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

____ (33) [Reserved]

____ (34)(i) [Reserved]

____ (ii) [Reserved]

____ (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).

XX (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).

XX (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.).

____ (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. 552a).

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

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41U.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).

XX (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).

XX (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41

U.S.C. 4505, 10 U.S.C. 3805).

XX (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (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.

____ (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. chapter 67).

_____ (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) (29 U.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) (E.O.

13658).

_____ (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) (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, 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 (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.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.

(ix) [Reserved]

(x) [Reserved]

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

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

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

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

(xvii) 52.222-51,…