Sol_75H70625Q00116.pdf
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- Solicitation number
- 75H70625Q00116
About this file
This document is a Request for Quotation (RFQ) for clearinghouse services for the Wagner Health Care Center, located in Wagner, South Dakota. The solicitation seeks a firm-fixed-price, non-personal healthcare service contract with a base year and four option years to provide insurance verification and patient eligibility services for the Yankton Sioux Reservation. The contractor will be required to implement a secure data exchange software solution enabling connectivity to Medicare systems, perform third-party insurance medical claims validation, and process electronic claims for Medicare, Medicaid, VA, and commercial payers. The contract period spans from 06/26/2025 to 06/25/2030, with the base year and each option year lasting approximately 12 months. Key technical requirements include providing eligibility verification, electronic claim submissions, claims status reporting, and supporting unlimited users with workstation-independent access while maintaining HIPAA compliance and conforming to a Business Associate Agreement.
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75H70625Q00116
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
06/17/2025 IHS1514015
1 27
Wagner PHS Indian Hospital 111 Washington Ave NW Wagner SD 57380
Yankton-wagner Service Unit Multiple
605 384-4857JOHN ARCHAMBEAU
06/24/2025 1200 CT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
Firm Fixed-Price, Non-Personal Healthcare Service, Commerical Item, Purchase Order to provide Clearing House Services for the Wagner IHS Healthcare Center.
Period of Performance: 06/26/2025 to 06/25/2026
1 Base Year: 06/26/2025 thru 06/25/2026 Revenue 1 YR Performance Advisor (RPA) and onboarding services, maximum 4500 claims/ERA with 1 year
Delivery: 06/25/2026 Delivery Location Code: IHSWAGNER
WAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
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 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00116
2 Professional Dental and Institutional Over 4,500 1000 EA
Delivery: 06/25/2026
Delivery Location Code: IHSWAGNER
WAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
3 Eligibility Overages over 4,500 5000 EA
Delivery: 06/25/2026
Delivery Location Code: IHSWAGNER
WAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
4 DDE User 1 EA
Delivery: 06/25/2026
Delivery Location Code: IHSWAGNER
WAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
5 Option Year One: 06/26/2026 thru 06/25/2027 1 YR
Revenue Performance Advisor (RPA) and onboarding services, maximum 4500 claims/ERA within 1 year
(Option Line Item)
06/26/2026
Delivery: 06/25/2027
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
6 Revenue Performance Advisor (RPA) and onboarding 1000 EA services, maximum 4500 claims/ERA with 1 year
(Option Line Item)
06/26/2027
Delivery: 06/25/2027
Delivery Location Code: IHSWAGNER
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
3 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00116
IHSWAGNER
110 WASHINGTON ST
WAGNER SD 57380 US
7 Eligibility Overages over 4,500 5000 EA
(Option Line Item)
06/26/2028
Delivery: 06/25/2027
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
8 DDE USER 1 EA
(Option Line Item)
06/26/2029
Delivery: 06/25/2027
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE
WAGNER SD 57380 US
9 Option Year Two: 06/26/2027 thru 06/25/2028 1 YR
Revenue Performance Advisor (RPA) and onboarding services, maximum 4500 claims/ERA within 1 year
(Option Line Item)
06/26/2027
Delivery: 06/25/2028
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
Period of Performance: 06/26/2027 to 06/25/2028
10 Professional, Dental and Institutional Overages 1000 EA over 4,500.
(Option Line Item)
06/26/2027
Delivery: 06/25/2028
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
Period of Performance: 06/26/2027 to 06/25/2028
11 Eligibility Overages over 4,500 5000 EA
(Option Line Item)
4 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00116
06/26/2027
Delivery: 06/25/2028
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
12 DDE USER 1 EA
(Option Line Item)
06/26/2027
Delivery: 06/25/2028
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
13 Option Year Three: 06/26/2028 thru 06/25/2029 1 YR
Revenue Performance Advisor (RPA) and onboarding services, maximum 4500 claims/ERA within 1 year
(Option Line Item)
06/26/2028
Delivery: 06/25/2029
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
14 Professional, Dental and Institutional Overages 1000 EA over 4,500.
(Option Line Item)
06/26/2028
Delivery: 06/25/2029
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
15 Eligibility Overages over 4,500 5000 EA
(Option Line Item)
06/26/2028
Delivery: 06/25/2029
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
5 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00116
16 DDE USER 1 EA
(Option Line Item)
06/26/2028
Delivery: 06/25/2029
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
17 Option Year Four: 06/26/2029 thru 06/25/2030 1 YR
Revenue Performance Advisor (RPA) and onboarding services, maximum 4500 claims/ERA within 1 year
(Option Line Item)
06/26/2029
Delivery: 06/25/2030
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
18 Professional, Dental and Institutional Overages 1000 EA over 4,500.
(Option Line Item)
06/26/2029
Delivery: 06/25/2030
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
19 Eligibility Overages over 4,500 5000 EA
(Option Line Item)
06/26/2029
Delivery: 06/25/2030
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
WAGNER SD 57380 US
20 DDE USER 1 EA
(Option Line Item)
06/26/2029
Delivery: 06/25/2030
Delivery Location Code: IHSWAGNER
IHSWAGNER
111 WASHINGTON AVE NW
6 27
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00116
WAGNER SD 57380 US
The Quoter is hereby notified that they must be registered in the System for Award
Management (SAM) before the Federal Government will issue an award.
(You may do this by going to www.sam.gov to register. You are required to update this registration every year prior to the expiration date.)
UEI (UNIQUE ENTITY ID FROM SAM):
Federal Tax ID Number:
Email Address:
Net Terms:
30-60 DAYS ARO
Statement of Work (SOW) For the Wagner Health Care Center
Insurance Verification – Clearinghouse Services
Background:
The Mission of the Wagner Health Care Center is to provide the best possible healthcare services to the patients on the Yankton Sioux Reservation in South Dakota. To meet this mission, the WHCC is requesting a Base Plus Four (4) Option Year, firm-fixed price, non-personal service contract to provide insurance verification and patient eligibility services.
Objective:
The Wagner Health Care Center requires a secure exchange data software solution to provide connectivity to the Medicare DDE (Direct Data Entry)/FISS (Fiscal Intermediary Standard System), eligibility verification, and eligibility searches.
The contractor will perform third party insurance medical claims validation, electronic claim processing via clearinghouse services for Medicare, Medicaid, VA and Commercial Payers for the Wagner Health Care Center
Work Schedule/Availability
WHCC hours of operations are Monday through Sunday 7:00am to 11:00pm.
Period of Performance
Base year: 06/26/2025 to 06/25/2026 Option Year 1: 06/26/2026 to 06/25/2027 Option year 2: 06/26/2027 to 06/25/2028 Option Year 3: 06/26/2028 to 06/25/2029 Option Year 4: 06/26/2029 to 06/25/2030
Place of Performance
Wagner Health Care Center 111 Washington Ave. NW Wagner, South Dakota 57380
Scope
The contractor shall provide a secure exchange data software solution that provides technology for:
• Connectivity to the Medicare DDE (Direct Data Entry) /FISS (Fiscal Intermediary Standard System) and automated claims status reporting, payment floor details and other reports
• Eligibility verification for third party payers to include Medicare
• Eligibility results must include start and end dates of coverage
• Capability to search eligibility for third party coverage for patients
• Third party insurance medical electronic claims submission via a clearinghouse for Medicare, Medicaid, VA and Commercial Payers for the Wagner Health Center
• Electronic claim submission of all claim types: Outpatient and Specialty Clinics; and provide both solicited and unsolicited claims status
• The software must provide rigorous and thorough claims rules and custom business rules
• Capability for self-monitoring usage of services for thresholds
• Training and support related to scope of work – training provided either on-site or via teleconference
The software services shall comply with the following constraints:
• The software service shall not require Wagner Health Center to install contractor software within the Wagner Health Center or Indian Health Service network.
• The service shall enable Wagner Health Center to exchange data utilizing a Secure File Transfer Protocol (SFTP) as approved by the Indian Health Service Office of Information Technology.
• The service shall support Electronic Data Interchange (EDI) transactions and interactive Telnet application protocol sessions.
• The service shall support unlimited users and access shall be workstation independent.
• The service shall not entail development of Health Insurance Portability and Accountability Act (HIPAA) transaction set translation or mapping processes, non-CMS or non-IHS generated data or messages, or data reformatting.
• The service shall also conform to a Business Associate Agreement to be established between the Wagner Health Care Center and the Contractor.
• The contractor shall support end-to-end communication testing, implementation and daily operations of the data transfers from the contractor to the Wagner Health Care Center, which shall include, at a minimum:
o The contractor shall provide routine technical support to implement corrections to service occurring as a result of errors, flaws, or other failures within their service.
o The contractor shall notify a designated Wagner Health Care Center point of contact (Contracting Officer’s Representative (COR)) of any scheduled maintenance that shall result in downtime at least two (2) days prior to the maintenance period.
o The contractor shall notify a designated Wagner Health Care Center point of contact of any issues as that result in a disruption of data exchange capabilities. This notification shall occur as soon as possible after the disruption has been identified.
o The contractor shall provide customer support for reporting, documenting, tracking and resolving service problems, which shall be available via telephone and email to the Wagner Health Care Center technical staff during the period 8:00 am to 5:00 pm Central Standard Time on weekdays, except government holidays.
o The contractor shall provide capability for self-monitoring usage of services that have a threshold.
Contractor Responsibility
• Secure internet-based connectivity to all current fiscal intermediaries.
• Contractor to send medical emergency, outpatient, and specialty claims to Medicare Contractor and other payers using secure date exchange technology.
• Unlimited Direct Data Entry (DDE) online Medicare claims status/corrections for Medicare Part B.
• All electronic transactions and DDE/FISS shall provide confidentiality, authentication, integrity and non-repudiation.
• Automated batch 837/835 file transfers. Automated batch 276/277 claims status capability.
• Accept electronic claims from Resource Patient Management System (RPMS). Reports and acknowledgements on all claims sent.
• Provide a single secure electronic location to manage all electronic claims, including VA claims. Verify Medicare and Commercial Payer eligibility in real time and batches.
• Provide knowledgeable support personnel to assist with any issues regarding the processing of the medical claims.
• The Contractor shall provide toll free telephone/technical support during normal business hours, 8:00 AM to 5:00 PM, Monday thru Friday, except Government holidays.
• The Contractor shall provide a two (2) hour minimum response time from notification by IHS at no additional cost to the Wagner Health Center.
The medical claim processing services shall meet the following standards:
• After the process of approving claims in the Third-Party Billing package is completed in RPMS.
The claims are set up in a file and transmitted/submitted to the appropriate carrier/payer via the Contractor provided clearinghouse by the close of the next business day after receipt from
IHS.
• Third party insurance medical claims shall be transmitted electronically to the appropriate carrier/payer.
• The Contractor shall use routine editing procedures to detect defects in medical claims information supplied by the government. The Contractor shall reject and not process all medical claims with defects. The Contractor shall provide the service location with edit status reports listing the defect to aid the service location in the correction of the detected defects.
• The Contractor shall provide for correction all claims rejected by all carriers/payers for any reason other than the inappropriate format to the claims.
• The Contractor shall provide the capability for medical claim errors to be corrected and resubmitted electronically and provide a report of rejected medical claims within 4 hours of batch submission.
• The Contractor shall make available productivity and submission reports within 24 hours of batch transmission.
Contracting Officer’s Representative Designation
The designated COR for this contract is:
Dwight Josh Janis COR Level 1 Wagner Health Care Facility 111 Washington Ave. NW Wagner, SD 57380
The COR is responsible for:
1. Monitoring the Contractor’s technical progress;
2. Interpreting the statement of work;
3. Technical evaluation as required;
4. Technical inspections and acceptance required by this contract; and
5. Assisting the Contractor in the resolution of technical problems encountered during performance of this contract.
Subject matter expert for this contract is:
Leah Williamson, Billing Technician Wagner IHS Health Center 111 Washington AVE NW Wagner, South Dakota 57380
Contractor Compliance
The Contractor shall adhere to all official coding and billing rules as published by the American Hospital Association (AHA), Centers for Medicaid and Medicare Services (CMS) regulations and guidelines to ensure the highest levels of integrity compliance and ethics.
The Contractor shall maintain records of confidentiality in accordance with the Health Insurance Portability and Accountability Act (HIPAA), Privacy Act of 1974, Alcohol and Drug Abuse Patient Records, Freedom of Information Act (FOIA), and other pertinent Federal regulations.
Administrative
Compensation – Billing will be at a fixed rate for all services.
Meetings/Conference Calls – The Contractor shall attend meetings or conference calls scheduled by the Contracting Officer’s Representative (COR) to address areas of concern and exchange information to ensure all contract requirements are being met. The COR shall be responsible for scheduling and coordination of all meetings and conference calls.
Equipment Failure – Any delays or downtime due to Contractor equipment failure shall be communicated to the COR or their designee as soon as possible via telephone or email. The Contractor shall not be penalized for delays due to Service Unit equipment failure or updates that are beyond the Contractor’s control (e.g., IHS server downtime).
Government Furnished Property/Equipment/Information
No Government furnished property, equipment, or information is provided.
Reports
The Contractor shall deliver standard or custom reports on demand, to monitor monthly usage of the following:
• Medical Claims Approval
• Eligibility Verification
• Eligibility Searches
• Claims Errors
• Claim Reconciliation
• Additional reports as needed.
PRE-SECURITY/FINGERPRINTING CLEARANCE:
The selected provider shall comply with Agency Personal Identity Verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) Guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201; this includes fingerprinting guidelines.
Pre-Security/Fingerprinting must be cleared prior to starting tour of duty and incurring costs.
If provider is selected, then the Contractor and provider shall provide the following Pre- Security/Fingerprinting documents.
1) Complete Resume
2) OIG Clearance
3) Licenses/Certifications (ACLS, PALS, BLS, TNCC, Diplomas etc.)
4) Copy of school transcripts
5) Declaration of Federal Employment (Typed/Original Signature)
6) Child Addendum (Typed/Original Signature)
7) OFI Form 86C
The selected Contractor's provider(s) will be subject to a pre-employment fingerprint check and background investigation.
The selected Contractor's provider(s) are required to acquire pre-security and fingerprint clearance prior to beginning their tour of duty and incurring costs.
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/these address(es):
Incorporated by Reference 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009
(June 2010) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) 52.204-2 Security Requirements (Mar 2021) 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2010) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Apr 2020) 52.204-19 Incorporated by Reference of Representations and Certification (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by
Kaspersky Lab and Other Covered Entities (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services
(May 2024) (DEVIATION FEB2025) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Order and
Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) 52.216-24 Limitation of Government Liability (Apr 1984) 52.216-25 Contract Definitization (Oct 2010) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) DEVIATION FEB 2025) 52.222-12 Contract Termination – Debarment (MAY2014) (DEVIATION FEB 2025) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)
52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.232-1 Payments (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-3 Continuity of Services (Jan 1991) 52.242-5 Payments to Small Business Subcontractors (Jun 2017) 52.242-15 Stop-Work Order (Aug 1989) 52.243-4 Changes (Jun 2007) 52.243-7 Notification of Changes (Jan 201) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Mar 2023) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 52.246-20 Warranty of Services (May 2001) 52.246-25 Limitation of Liability-Services (Feb 1997) 52.249-9 Default (Fixed-Price Supply and Services) (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-6 Authorization Deviations in Clauses 352.239-73 Electronic Information and Technology Accessibility Notice 352.239-74 Electronic Information and Technology Accessibility
Incorporated by Full Text
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Dec 2022)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.
The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws
Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] X_ (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).
X_ (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.)
X_ (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).
X_ (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].
X_ (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.
X_ (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] X_ (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.
X_ (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.
X_ (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)).
X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O.
13126).
X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
X_ (34)
(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
X_ (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.
X_ (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.
X_ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (DEC 2010) (E.O. 13496).
X_ (39)
(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X_ (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.).
X_ (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).
X_ (47)
(i) 52.224-3 Privacy Training (JAN 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48)
(i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (OCT 2022) of 52.225-1.
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19
U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (JAN 2025) of 52.225-3.
__ (iv) Alternate III (FEB 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV
2007) (42 U.S.C. 5150).
X_ (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).
X_ (58) 52.232-30, Installment Payments for Commercial Products and Commercial
Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (OCT2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
X_ (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.).
X_ (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.] X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
X_ (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).
X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)
(42 U.S.C. 1792).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to
Prevent Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR…
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