Sol_140P1424Q0031.pdf

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YELL NP blended fuel supply to various locations p
Solicitation number
140P1424Q0031
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This is a combined synopsis/solicitation for a commercial item contract for the National Park Service's Intermountain Region to procure blended fuels, including diesel #1, diesel #2, red dye diesel/heating oil, unleaded 87 octane gasoline, and B99 renewable diesel, for various locations in Yellowstone National Park. The contract will be a three-year indefinite-delivery, indefinite-quantity (IDIQ) contract with a maximum value of $6,000,000. The period of performance is from 9/20/2024 to 7/31/2027. Quotes are due by 7/23/2024. The contract will be awarded to the offeror with the lowest evaluated price and who is deemed the most suitable. There are no set-asides, and this is an unrestricted solicitation. Fuel will be delivered on an auto-fill basis, with B99 renewable diesel delivered only upon request. Pricing will be based on published fuel indexes plus a fixed surcharge for indirect costs.

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140P1424Q0031

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

06/26/2024 0040647808

1 44

PO Box 168 Mammoth Supply Center / 22 Stable St Yellowstone NP WY 82190

NPS, IMR - Northern Rockies MABO Multiple

Yellowstone National Park

22 Stable Street

Yellowstone National Park

WY 82190

720 450-5172Sally Leitch

07/23/2024 1400 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Yellowstone National Park (YELL) requires a contractor to provide auto fill blended fuel to various locations park wide in accordance with the Statement of Work and terms and conditions listed herein.

This is an unrestricted solicitation. All questions shall be submitted in writing to Sally_Leitch@nps.gov by 12:00 PM (Noon), Mountain Time on 7/15/2024.

Quotes shall be submitted in accordance with this solicitation by 2:00 PM, Mountain Time on 7/23/2024 to Sally_Leitch@nps.gov.

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P1424Q0031

Period of Performance: 09/20/2024 to 07/31/2027

00010 Fuel Diesel #1

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 09/19/2025

Period of Performance: 09/20/2024 to 09/19/2025

00011 Fuel Diesel #2

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 09/19/2025

Period of Performance: 09/20/2024 to 09/19/2025

00012 Fuel Red dye DSS/Heating Oil

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 09/19/2025

Period of Performance: 09/20/2024 to 09/19/2025

00013 Fuel Unleaded (87 Octane) Gasoline

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 09/19/2025

Period of Performance: 09/20/2024 to 09/19/2025

00014 B-99 Renewable Deisel Fuel

Special Order Fuel - Only to be delivered upon request

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 09/19/2025

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

3 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P1424Q0031

Period of Performance: 09/20/2024 to 09/19/2025

00020 Fuel Diesel #1

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 09/19/2026

Period of Performance: 09/20/2025 to 09/19/2026

00021 Fuel Diesel #2

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 09/19/2026

Period of Performance: 09/20/2025 to 09/19/2026

00022 Fuel Red dye DSS/Heating Oil

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 09/19/2026

Period of Performance: 09/20/2025 to 09/19/2026

00023 Fuel Unleaded (87 Octane) Gasoline

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 09/19/2026

Period of Performance: 09/20/2025 to 09/19/2026

00024 B-99 Renewable Deisel Fuel

Special Order Fuel - Only to be delivered upon request

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

4 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P1424Q0031

Delivery: 09/19/2026

Period of Performance: 09/20/2025 to 09/19/2026

00030 Fuel Diesel #1

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 07/31/2027

Period of Performance: 09/20/2026 to 07/31/2027

00031 Fuel Diesel #2

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 07/31/2027

Period of Performance: 09/20/2026 to 07/31/2027

00032 Fuel Red dye DSS/Heating Oil

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 07/31/2027

Period of Performance: 09/20/2026 to 07/31/2027

00033 Fuel Unleaded (87 Octane) Gasoline

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

Delivery: 07/31/2027

Period of Performance: 09/20/2026 to 07/31/2027

00034 B-99 Renewable Deisel Fuel

Special Order Fuel - Only to be delivered upon request

Product/Service Code: 6830

Product/Service Description: GASES: COMPRESSED

AND LIQUEFIED

5 44

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140P1424Q0031

Delivery: 07/31/2027

Period of Performance: 09/20/2026 to 07/31/2027

Solicitation #: 140P1424Q0031

Point of Contact (POC) & Receiving POC: Sally Leitch, CS at sally_leitch@nps.gov

COMBINED SYNOPSIS/SOLICITATION – CONTINUED – 140P1424Q0031

DESCRIPTION:

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is being issued as a Request for Quote (RFQ) and the solicitation number is 140P1424Q0031. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 which can be located at FAR | Acquisition.GOV.

This RFQ is posted on SAM.gov’s Contracting Opportunities and is not set aside. This RFQ is available to all contractors through full and open competition. The North American Industry Classification System (NAICS) code is 324110 – Petroleum Refineries. The Size Standard for 324110 is 1500 employees or no more than 200,000 barrels per calendar day total Operable Atmospheric Crude Oil Distillation capacity in accordance with 13 CFR 121.107.

LINE-ITEMS – PERIOD OF PERFORMANCE

Three Year Ordering Period

09/20/2024 – 07/31/2027 Ordering Period 1: 09/20/2024 - 09/19/2025

Line Item Description Estimated Quantity

Unit of Measure

10 Diesel #1 34,367 Gallon 11 Diesel #2 139,536 Gallon 12 Red Dye #2 Heating Oil 134,576 Gallon 13 Regular Unleaded Gasoline (87 Octane) 119,437 Gallon 14 B99 Renewable Diesel 20,000 Gallon

Total Estimated Annual Gallons 447,916 Ordering Period 2: 09/20/2025 - 09/19/2026

Line Item Description Estimated Quantity

Unit of Measure

20 Diesel #1 34,367 Gallon 21 Diesel #2 139,536 Gallon 22 Red Dye #2 Heating Oil 134,576 Gallon 23 Regular Unleaded Gasoline (87 Octane) 119,437 Gallon 24 B99 Renewable Diesel 20,000 Gallon

Total Estimated Annual Gallons 447,916 Ordering Period 3: 09/20/2026 - 07/31/2027

Line Item Description Estimated Quantity

Unit of Measure

30 Diesel #1 34,367 Gallon 31 Diesel #2 139,536 Gallon 32 Red Dye #2 Heating Oil 134,576 Gallon 33 Regular Unleaded Gasoline (87 Octane) 119,437 Gallon https://www.acquisition.gov/browse/index/far

34 B99 Renewable Diesel 20,000 Gallon Total Estimated Annual Gallons 447,916

Overall Estimated Gallons 1,343,748

LOCATIONS & DELIVERIES

The acquisition is in support of Yellowstone National Park (YELL) for blended fuel supply at multiple locations throughout the park. A detailed list of locations can be found in the attachments to this document and is titled: B08 Attachment – YELL Fuel Tank List and is an excel spreadsheet.

Deliveries shall be made on an auto fill basis. Awarded contractor shall follow B08 Attachment - YELL Road Openings & Closing 2021-2024 and all updated road opening/closing documents provided between 2025 and 2027. All deliveries shall be FOB Destination and billed monthly.

Awarded contractor shall independently, and not as an agent of the Government, provide all labor, materials, and equipment necessary to provide blended fuel supply in accordance with the Statement of Work (SOW), additional requirements & terms and conditions.

The last date a delivery order can be placed is 7/31/2027.

PROVISIONS AND CLAUSES APPLICABILITY

FAR provisions 52.212-1, Instructions to Offerors – Commercial Products and Commercial services apply to this requirement and is incorporated by reference (IBR).

FAR 52.212-1 Addendum – Instructions to Quoters:

Evaluation Procedures and Award Selection Process:

This procurement will use Simplified Acquisition Procedures (SAP) in accordance with FAR 13.102-1(2) and FAR 13.106-2(b). Evaluations will be conducted using comparative evaluations with the award being made to the quoter who has the lowest quoted price and is determined to be the most suitable (best value) quoter as a result of comparative evaluation procedures.

1. Price.

2. Technical.

3. Past Performance.

To be considered for award a firm shall obtain a Unique Entity Identifier (UEI), have an active registration, and have completed the representations and certifications section in the System for Award Management (SAM) via https://www.sam.gov at the closing date and time of the solicitation; as well as, at the time of award and throughout performance of this requirement.

If a firm has questions regarding the SAM registration process, please call 866-606-8220. If assistance is needed with SAM registration or updating SAM, please contact the Procurement Technical Assistance Center nearest you at http://www.aptac-us.org/new/Govt_Contracting/find.php.

Quotes must be in accordance with and in the order detailed in this section. Failure to submit quotes according to the instructions provided within the solicitation may result in the respondent’s quote not being considered for award.

Quotes shall submit the following information in its entirety in PDF format via email:

https://www.sam.gov/ http://www.aptac-us.org/new/Govt_Contracting/find.php

a) Checklist for quote submittal: (Check Boxes) This page and the next 2 pages: completed, and placed as the first two pages in the quote submission

Completed and signed SF18 ☐

Completed and signed Amendments, if applicable ☐

Completed Provisions:

52.204-24 52.212-3(b) 52.229-11

Quoter shall provide a detailed narrative on how they will meet or exceed the requirements of the Statement of Work and Additional Requirements & Terms and Conditions set forth in this solicitation.

It is the responsibility of the quoter to thoroughly read and submit sufficient information and documentation in their narrative. Information that is missing or unclear may result in the quote not being accepted for evaluation. The contracting officer/contract specialist is the sole authorities on determining a quote package acceptable or not acceptable for evaluation.

Acknowledgement that this is a T&M (Materials Only), IDIQ procurement for materials only. Pricing shall be based upon the actual materials cost with a fixed price surcharge for indirect costs.

Acknowledgement that contractor is aware that they shall not to exceed the obligated cost of each delivery order issued.

Acknowledgment that if the Contractor exceeds the obligated amount on any delivery order, the contractor shall not bill/invoice for any amount in excess of the obligated annual amount.

Acknowledgement that the Contractor shall notify the CO/CS once the firm is within 25% of the obligated amount of each delivery order.

b) Price Schedule:

Pricing shall not be listed anywhere else in your quote submission except for Attachment – Price Schedule (excel spreadsheet) and the price table below.

This contract will be based off the cost of actual materials cost with a fixed price surcharge to cover indirect costs for each ordering period.

Note: for evaluation of price reasonableness of submitted quote:

For purposes of price evaluation, the contracting officer will evaluate the fixed priced surcharge rate per gallon multiplied by the estimated quantities for each ordering year for each type of fuel then adding the totals for each ordering period and then comparing the overall evaluated price.

The price per gallon shall be the published price per gallon rate for each type of fuel at the time the delivery is made and shall be based off a published index from or a combination of the following:

EIA.gov, the Department of Energy’s Alternative Fuels Data Reports, or Opis Rack Rates.

Contractor shall provide a copy of the published index utilized at the time each delivery is made with their monthly invoice.

Limitations IDIQ Ceiling: $6,000,000.00 IDIQ minimum: 1,000 gallons

Delivery Orders (DO) Limitations DO Ordering Period 1 (09/20/2024 – 09/19/2025) - Maximum: $1,700,000 DO Ordering Period 1 - Minimum: 300 gallons

DO Ordering Period 2 (09/20/2025 – 09/19/2026) - Maximum: $2,100,000 DO Ordering Period 2 - Minimum: 350 gallons

DO Ordering Period 2 (9/20/2026 – 07/31/2027) - Maximum: $2,200,000 DO Ordering Period 2 - Minimum: 350 gallons

Three-Year Ordering Period: 09/20/2024 – 07/31/2027 Line- Item

Description Unit of Measure

Total Estimated Annual Evaluated Cost

10 Ordering Period 1:

Blended Fuel Deliveries in accordance with the Statement of Work.

Line-Item is to be billed on a monthly basis to include all deliveries made for the month for line-items 101 – 105.

See B08 Attachment – Price Schedule

By Dollars

20 Ordering Period 2:

Blended Fuel Deliveries in accordance with the Statement of Work.

Line-Item is to be billed on a monthly basis to include all deliveries made for the month for line-items 201 – 205.

See B08 Attachment – Price Schedule

By Dollars

30 Ordering Period 3:

Blended Fuel Deliveries in accordance with the Statement of Work.

Line-Item is to be billed on a monthly basis to include all deliveries made for the month for line-items 301 – 305.

By Dollars

See B08 Attachment – Price Schedule Overall Evaluated Price $

Contractor shall not exceed the obligated amount that is established for each delivery order.

Contractor shall not bill/invoice for amounts over the obligated amount and assumes full risk of non-payment for the fuel delivered in excess of the ceiling for each year.

Contractor shall notify the CO/CS once the firm is within 25% of the obligated amount for each delivery order issued.

Contractor shall submit along with the invoice for payment a copy of the published index at the time all deliveries are made to show/support actual costs of fuel. The published index shall be from one or a combination of the following: EIA.gov, the Department of Energy’s Alternative Fuels Data Reports, or Opis Rack Rates. If at any time the information is not provided for each delivery and fuel type the invoice shall not be paid until the rates can be verified and sufficient documentation is provided to the contracting officers satisfaction.

Special Note 1: There is a potential that the fuel required will vary, and there is no guarantee that all line-items will be utilized each year.

Special Note 2: YELL is testing B99 Renewable Deisel and is a special-order fuel that will not be on an autofill program. B99 shall only be delivered upon request.

c) Contractor Core Data:

Quoters Name:

Address:

City/State/Zip:

Quoter POC:

Quoter email:

Quoter Phone:

Quoter SAM ID:

Quoter Cage Code:

Quoter Business Size:

(End of Addendum)

REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK

FAR Provision 52.212-2 does not apply, all applicable information regarding evaluation criteria is provided above in the Addendum to FAR 52.212-1.

FAR 52.212-3 applies to this requirement and can be located in ADDITIONAL REQUIREMENTS / TERMS AND CONDITIONS section of this document.

FAR clauses 52.212-4 (IBR) and FAR 52.212-4 Alternate I (IBR) and 52.212-5 apply to this requirement.

FAR 52.212-5 in the ADDITIONAL CONTRACT TERMS AND CONDITIONS section of this document.

ADDITIONAL REQUIREMENTS & CONTRACT TERMS AND CONDITIONS

The National Park Service contemplates single award of a Time & Materials (T&M), Indefinite Delivery, Indefinite Quantity (IDIQ) contract and will include a fixed price (FP) surcharge for indirect costs for each line-item as a result of this combined synopsis/solicitation to the vendor.

This IDIQ does not contain options; the resulting award will contain a three-year ordering period.

The price per gallon rate for each type of fuel shall be in accordance with a published index from one or a combination of the below referenced indexes at the time the delivery is made, verifiable copies of the published rate shall be included with the monthly invoice. The evaluated FP surcharge rate per gallon shall be as established for each ordering period and type of fuel.

• EIA.gov

• The Department of Energy’s Alternative Fuels Data Reports

• Opis Rack Rates

The KTR shall furnish at least the stated minimum quantity of supplies. In addition, if ordered, the contractor shall furnish additional quantities, not to exceed the stated maximum.

IDIQ Limitations – 09/20/2024 – 07/31/2027 IDIQ Maximum: $6,000,000.00 IDIQ minimum: 1,000 gallons

Delivery Orders (DO) Limitations DO Ordering Period 1 (09/20/2024 – 09/19/2025) - Maximum: $1,700,000 DO Ordering Period 1 - Minimum: 300 gallons

DO Ordering Period 2 (09/20/2025 – 09/19/2026) - Maximum: $2,100,000 DO Ordering Period 2 - Minimum: 350 gallons

DO Ordering Period 2 (9/20/2026 – 07/31/2027) - Maximum: $2,200,000 DO Ordering Period 2 - Minimum: 350 gallons

Contractor shall not deliver, bill/invoice for amounts over the obligated amount and assumes full risk of non-payment for the fuel delivered in excess of the maximum for each year.

Contractor shall notify the CO/CS once the firm is within 25% of the NTE for each delivery order issued.

Statement of Work (SOW)

See Attachment – Statement of Work – YELL Blended Fuel Supply

Ordering Procedures All deliveries shall be priced in accordance with a published index from one or a combination of the below referenced indexes and the evaluated FP surcharge rate per gallon as established for each ordering period and type of fuel:

• EIA.gov

• The Department of Energy’s Alternative Fuels Data Reports

• Opis Rack Rates

Single award delivery orders will be made for each ordering period on a OF347 at the beginning of the ordering period. Deliveries shall be made on an auto fill basis in accordance with the requirements set forth in the SOW and deliveries for B-99 fuel shall be requested by the authorized Park POC/COR on an as needed basis.

Orders obligating funding shall only be made by a National Park Service warranted contracting officer within the limits of their warrant. Only the authorized Park POC/COR may place a delivery request for B-99 fuel.

At no time shall the KTR make any deliveries in excess of the obligated funding. The KTR shall notify the Park POC/COR, CO, and CS when the firm is within 25% of the obligated amount for each delivery order issued.

Contractor shall submit along with the invoice for payment a copy of the published index at the time each type of fuel deliveries are made to show/support actual costs of fuel. If at any time the information is not provided for each delivery and fuel type the invoice shall not be paid until the rates can be verified and sufficient documentation is provided to the contracting officers satisfaction.

Special Note 1: There is a potential that the fuel required will vary, and there is no guarantee that all line-items will be utilized each year.

Special Note 2: YELL is testing B99 Renewable Deisel and is a special-order fuel that will not be on an autofill program. B99 shall only be delivered upon request.

List of Attachments

Number Description Number of Pages 1 Statement of Work – YELL Blended Fuel Supply 5 2 Attachment - YELL Fuel Tank List Excel Spreadsheet 3 Attachment – YELL Road Openings & Closing 2021-2024 –

YELL Fuel

4 Attachment – YELL Hauling Limitations & Specs 2 5 Attachment – YELL Contractor Safety Reminders 2 6 Price Schedule Excel Spreadsheet

Clauses Section

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:// www.acquisition.gov/far/

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-4 Contract Terms and Conditions - Commercial Products and

Commercial Services

NOV 2023

52.212-4 Alternate I

Contract Terms and Conditions - Commercial Products and Commercial Services – Alternate I

NOV 2021

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-10 Waste Reduction Program MAY 2024 52.226-7 Drug-Free Workplace MAY 2024 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

(End of Clause)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Regulation (48 CFR, Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998

FAR 52.252-6 Authorized Deviation in Clauses NOV 2020

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 http://www.acquisition.gov/far/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

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:

FAR 52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services

FEB 2024

(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. 3805note)).

(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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

☐ (6) [Reserved].

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

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

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

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

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

__(ii) Alternate I (DEC 2023) of 52.204–30 ☒ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

☐ (14) [Reserved].

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1124452424 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim

☒ (16) (i) 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).

☐ (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 (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

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

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (SEP 2023) of 52.219-9 ☐ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐(ii) Alternate I (Mar 2020) of 52.219-13.

☐ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 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, Post Award Small Business Program Re-representation (FEB 2024) (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. 657s).

☒ (31) 52.222-3, Convict Labor (June 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

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

☐ (ii) Alternate I (July 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 (July 2014) of 52.222-36.

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

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

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057419 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-9 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057715 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057730 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057758 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057874 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057902 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057947 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535

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

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671).

☐ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671).

☐ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671).

☒ (46) 52.223-23, Sustainable Products and Services (May 2024) (EO 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, U.S.C. 6962, 42 U.S.C 8259b, and 42 U.S.C. 7671).

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

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

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

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

☐ (49) (i) 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C.

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

☐ (ii) Alternate I [Reserved] ☐ (iii) Alternate II (DEC 2022) of 52.225-3.

☐ (iv) Alternate III (FEB 2024) of 52.225-3.

☐ (v) Alternate IV (OCT 2022) of 52.225-3.

☒ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☒ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

(EO 13513)

☒ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C.3805).

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056753 https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095479 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053138 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053232 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053246 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053274 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054249 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054921 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055038 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055048 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050508 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050540 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705

☐ (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) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (64) (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).

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary wage – Fringe Benefits ☐ (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).

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access…

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