Sol_89503126QWA000390.pdf

U.S. DEPARTMENT OF ENERGY

Western Area Power Administration, Desert Southwest Region

615 S. 43rd Ave, Phoenix, AZ 85009-5313

BPA COMBINED SYNOPSIS/SOLICITATION “COMBO” RFQ:

BOUSE UPGRADE LARGE POWER TRANSFORMER

1. This is a combined synopsis/solicitation prepared in accordance with the format in Federal

Acquisition Regulation (FAR) Revolutionary FAR Overhaul Subpart 12.2, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation to be issued; quotations are being requested, and a written solicitation will not be issued.

2. Solicitation 89503126QWA000390 is issued as a Request for Quote (RFQ) against Western Area Power Administrations (WAPA) Large Power Transformer (LPT) Blanket Purchase Agreement (BPA). This acquisition requires a qualified contractor to furnish one (1) LPT for an upgrade project at WAPA DSW’s Bouse substation. The solicitation line items are listed below:

Line Item Item Description Quantity

00001 POWER TRANSFORMER, 3-PHASE, 230/161-13.2 KV, 300 MVA

(IAW attached Specifications)

1 EA

00002 Mineral oil for each transformer, for use with Item (0001), (IAW attached Specifications)

1 EA

00003 One lot of tools, appliances, and spare parts for one transformer (IAW attached Specifications)

1 LOT

00004 Delivery: transportation and off-loading (IAW attached Specifications)

1 EA

00005 Assembly (IAW attached Specifications) 1 EA

3. This requirement is solicited with no set aside against the WAPA LPT BPA. The North American Industrial Classification System (NAICS) code associated with this procurement is 335311 – Power, Distribution and Specialty Transformer Manufacturing, which contains a small business size standard of 800 employees.

4. Vendors must include the following in their quote to be eligible for award:

a. A completed copy of Attachment A - Price Schedule with a statement verifying that the quote is compliant with all RFQ/BPA terms, conditions, and specifications.

b. Pricing and terms valid for a minimum of 60 days from the solicitation closing date. Price quoted for all line items shall include shipping/delivery FOB Destination.

c. A copy of the information/specifications of the transformer proposed. This supporting information will be used as a means of verifying product compliance with the specifications and technical acceptance.

d. Vendor must provide the fill in information needed in clause WES-H-2021 Warranted Characteristics.

e. A completed copy of the attached subcontracting plan document.

5. As a result of this solicitation, the Government intends to award one firm-fixed-price purchase order.

6. Delivery shall be FOB Destination – items shall be delivered on site at the WAPA DSW Bouse substation. Vendors are asked to provide the best possible delivery time in their quote. Contractors shall include confirmation in their quote that work shall be completed during the listed substation outage window. Work performance location is:

US DOE/Western Area Power DSW Bouse Substation, Near Parker AZ 85344 (Detailed directions upon award)

7. RFO FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services

(Deviation Nov 2025) applies to this acquisition. In addition to the following addendum, all terms and conditions of RFO FAR 52.212-1 remain in effect.

8. To ensure timely and equitable evaluation of the quotes, vendors must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Failure to include the information indicated may result in the quote being considered non-responsive with the solicitation requirements and therefore not considered for award.

9. In addition to other federal procurement registration requirements, to be eligible for award vendors must have completed the following:

a. Completed and agreed to WAPA LPT BPA terms and conditions.

b. Have successfully completed a rapid assessment or prescreen through the DOE SCRM process.

c. Have a completed and approved WAPA/SCADA Cyber Security Deep-Dive Assessment.

10. The Government will award a single purchase order resulting from this solicitation to a responsible contractor with a technically acceptable quote and lowest evaluated price. If the lowest priced quote is found acceptable, an award will be made without further consideration. If that quote is found unacceptable, the Government will evaluate the next lowest quote for acceptability until an award can be made to the lowest priced technically acceptable (LPTA) quoter. The Government reserves the right to make no award resulting from this RFQ. If a change occurs in this requirement, only those offerors that respond to this announcement within the required time frame will be provided any changes/amendments and considered for future discussions and/or award.

11. The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial

Services, applies to this acquisition.

12. RFO FAR, DOE, and WAPA clauses/provisions are included with this announcement.

13. Contractors are required to be registered in the System for Award Management (SAM) (www.sam.gov) when submitting a quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation. The contractor shall provide its name and address on the cover page of its quote, followed by unique entity identifier (UEI). The unique entity identifier will be used by the Contracting Officer to verify that the contractor is registered in SAM.

If the vendor does not become registered in SAM in the time prescribed by the Contracting Officer (at the time of quote submission), the Contracting Officer will proceed to award to the next otherwise successful registered vendor.

Processing time should be taken into consideration when registering. Vendors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation.

14. NOTICE TO ALL INTERESTED PARTIES: Questions shall be submitted to: Brant Sylvester at sylvester@wapa.gov by no later than Tuesday, April 14, 2026. In no event shall telephone discussions be construed as changes to the solicitation or place conditions on the solicitation. Only written amendment(s) to the solicitation issued by the Contracting Officer shall constitute a change to the solicitation or specifications.

Quotes must be received by e-mail to Brant Sylvester at sylvester@wapa.gov with the subject line “Solicitation 89503126QWA000390” no later than the RFQ close date and time specified within SAM.gov/FedConnect. Please note that this request does not commit the government to pay any costs incurred in the submission of your quote, nor to contract for said services.

List of Attachments:

1. Attachment A – Price Schedule

2. Attachment B – Bouse Transformer Specifications

3. Attachment C – Subcontract Plan Template

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

DSW

See Schedule

3H17 CODE 16. ADMINISTERED BYCODE

X

X

335311

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR895031

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

04/30/2026 1500 ED

03/30/2026

916-365-4460Brant Sylvester (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

89503126QWA000390

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 37 26WA158256OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

PARKER DAM CA 92267

PARKER DAM WAREHOUSE

US DOE/WESTERN AREA POWER

WAPA (DSW)

15. DELIVER TO

Phoenix AZ 85009 615 S. 43rd Avenue Desert Southwest Regional Office US DOE/Western Area Power

WAPA (DSW)

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Western-Desert Soutwest Region

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

WAPA (DSW)

US DOE/WESTERN AREA POWER

DESERT SOUTHWEST REGIONAL OFFICE

PO BOX 6457

PHOENIX AZ 85005-6457

BPA RFQ FOR BOUSE UPGRADE LARGE POWER TRANSFORMER

AGAINST WAPA LPT MULTIPLE AWARD BPA

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

Brant M. Sylvester 03/30/2026

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

Signature on File

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00001 POWER TRANSFORMER, 3-PHASE, 230/161-13.2 KV, 300 1 EA

MVA

00002 MINERAL OIL FOR THE TRANSFORMER, FOR USE WITH 1 EA

ITEM (0001)

00003 ONE LOT OF TOOLS, APPLIANCES, AND SPARE PARTS FOR 1 EA

ONE TRANSFORMER

00004 DELIVERY/TRANSPORTATION 1 EA

00005 ASSEMBLING TRANSFORMER 1 EA

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37 2 of

Section 2 - Section 2

952.202-1 DEFINITIONS

WES-F-2001 ADVANCE SHIPPING NOTIFICATION REQUIRED (WAPA, MAR 2008)

WES-G-2005 BILLING INSTRUCTIONS – INVOICE PROCESSING PLATFORM (IPP) (WAPA, OCT

2023)

WES-F-2002 REQUIREMENT TO UNLOAD EQUIPMENT AT THE DESTINATION (WAPA, FEB 2008)

WES-H-2001 RETAINAGE/HOLDBACK FOR UNDELIVERED DATA (WAPA, APR 2009)

WES-H-2010 EXPRESS WARRANTY (WAPA, MAY 2018)

WES-H-2013 SAFETY AND HEALTH – MINIMAL RISK (WAPA, MAY 2018

WES-H-2021 WARRANTED CHARACTERISTICS (WAPA, JAN 2012)

WES-H-2022 FAILURE TO MEET WARRANTED CHARACTERISTICS (WAPA, JAN 2012)

Special Contract Terms TARIFF ADJUSTMENT SPECIAL CONTRACT TERMS- TARIFF

ADJUSTMENT

DOE-H-2084 MITIGATING SUPPLY CHAIN RISK (OCT 2022)

DOE-C-2001 STATEMENT OF WORK (OCT 2014)

DOE-C-2003 REPORTS (OCT 2014)

DOE-D-2001 PACKAGING AND MARKING (OCT 2014)

DOE-F-2001 DELIVERY SCHEDULE (OCT 2014)

DOE-F-2004 DELIVERY POINT (OCT 2014)

DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)

DOE-G-2003 CONTRACTOR'S PROGRAM MANAGER (OCT 2014)

DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (NOV 2021)

DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)

DOE-H-2049 INSURANCE REQUIREMENTS (OCT 2014)

DOE-J-2001 LIST OF ATTACHMENTS (OCT 2015)

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

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

(DEVIATION FEB 2025)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS. (NOV 2023)

52.204-7 SYSTEM FOR AWARD MANAGEMENT-REGISTRATION. (NOV 2024) (DEVIATION NOV

2025)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.

(DEC 2014)

52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

(NOV 2023) (DEVIATION NOV 2025)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

CERTIFIED COST OR PRICING DATA - MODIFICATIONS. (NOV 2021) (DEVIATION JAN 2026) -

ALTERNATE IV (OCT 2010) (DEVIATION JAN 2026)

52.216-2 ECONOMIC PRICE ADJUSTMENT-STANDARD SUPPLIES. (OCT 2025)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2025) (DEVIATION DEC 2025) ...21

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (JAN 2025) (DEVIATION DEC 2025)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.

(MAR 2023)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) (DEVIATION NOV

2025)

52.247-34 F.O.B. DESTINATION. (JAN 1991)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

Section 4 - Section 4

WES-L-2004 CONTRACTOR'S CONTRACT ADMINISTRATION (WAPA, FEB 2008)

DOE-L-2026 SERVICE OF PROTEST (OCT 2015)

DOE-L-2027 NOTICE OF PROTEST FILE AVAILABILITY (OCT 2015)

DOE-L-2028 AGENCY PROTEST REVIEW (OCT 2015)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION. (NOV 2015) (DEVIATION NOV 2025)

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES. (SEP 2023) (DEVIATION NOV 2025)

52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (NOV 2021)

(DEVIATION NOV 2025)

Section 2 - Section 2

952.202-1 DEFINITIONS.

WES-F-2001 ADVANCE SHIPPING NOTIFICATION REQUIRED (WAPA, MAR 2008)

a. Contract line items (CLINs) ALL CLINS must be delivered on one of the following weekdays MONDAY - THURSDAY excluding Government holidays, between the hours of 8:00 AM - 3:30 PM , or at a day and time agreed upon by the Government representative(s) named below.

b. The Government representative must receive advance notification of the intended shipment at least fourteen days and again 48 hours prior to shipment. The contractor shall provide the day and time of delivery, identify the shipper, and provide the telephone number of the shipper's office. Delivery notification is critical because many of Western's delivery locations are unmanned stations located in remote areas that do not have receiving docks or unloading equipment. Proper notification will ensure that Western personnel are on site and have the equipment necessary to unload the shipment.

c. If the contractor fails to make the required advance notification, the Government may not be able to receive the equipment. Any additional costs incurred by the Government to properly receive and/or relocate the equipment that are caused by the contractor's failure to provide sufficient advance notification will be charged to the contractor under the terms of this contract. The designated Government representative is: a. Jason Groendyk 602.717.2317 groendyk@wapa.gov b. Steve Turner 602.605.2776 STurner@wapa.gov .

WES-G-2005 BILLING INSTRUCTIONS – INVOICE PROCESSING PLATFORM (IPP) (WAPA,

OCT 2023)

a) In accordance with Office of Management and Budget Memorandum M-15-19, effective April 1, 2018, all invoices must be submitted electronically.

b) Contractors shall submit invoices electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). IPP allows vendors to submit invoices, attach supporting documentation and check the payment status of any invoice submitted to the DOE. Instructions concerning contractor enrollment and use of IPP can be found at https://www.ipp.gov.

c) For an invoice to be payable it must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.

d) A paper copy of an invoice that has been submitted electronically will not be accepted.

(End of Clause)

WES-F-2002 REQUIREMENT TO UNLOAD EQUIPMENT AT THE DESTINATION (WAPA, FEB

2008)

a. The contractor is responsible for unloading the equipment specified in CLIN(s) ALL CLINS to a ground level pad within the substation or other specific location as directed by the Government. The contractor must provide any specialized unloading equipment or truck features that are necessary to unload the equipment. The contractor's costs for properly configured trucks and unloading the equipment at the delivery location shall be included in the quoted price.

b. Responsibility for loss or damage to the equipment shall remain with the contractor until the Government accepts the equipment at the destination. If the equipment is rejected due to failure to conform to the contract requirements, the risk of loss or damage shall remain with the contractor until the defects are corrected and the equipment is subsequently accepted by the Government.

WES-H-2001 RETAINAGE/HOLDBACK FOR UNDELIVERED DATA (WAPA, APR 2009)

The Government may retain/holdback up to twenty (20) percent of the total contract value and final payment will not be made until all final drawings, as-builts, operation and maintenance manuals, and any other data required under the contract have been delivered to and accepted by the Government.

WES-H-2010 EXPRESS WARRANTY (WAPA, MAY 2018)

This contract requires offerors to provide at least the same warranty terms, including offers of extended warranties that are customarily offered to the general public under the offeror's standard commercial practices.

Regardless of the standard commercial warranty, this clause requires a minimum warranty duration of 4 years from the date of acceptance of the equipment.

(End of Clause)

WES-H-2013 SAFETY AND HEALTH – MINIMAL RISK (WAPA, MAY 2018

In performing the work required by this contract, the Contractor shall comply with all applicable Federal, State, or local safety, health, or industrial safety codes including the latest effective standards promulgated by the Department of Labor, Occupational Safety and Health Administration; Safety and Health Standards 29 CFR 1910, 29 CFR 1925; and the Construction Safety and Health regulations promulgated under Section 107 of the Contract Work Hours and Safety Standards Act, 29 CFR 1926. If there is a conflict between the requirements of the applicable Federal, State, or local safety, health, or industrial safety codes, the more stringent requirements shall prevail. Prior to the performance of work involving the use of cranes, a copy of the crane inspection records, operators and riggers certifications, and completed on-site crane load test form shall be furnished to

WAPA’s on-site representative. The United States is liable only for negligence on the part of its employees in accordance with the Federal Tort Claims Act, as amended.

(End of Clause)

WES-H-2021 WARRANTED CHARACTERISTICS (WAPA, JAN 2012)

The contractor warrants that the performance of the transformer will be at least as good as stated below, with rated voltage and frequency applied to each winding:

Contract Line Item (CLIN) 00001

(1) * Warranted No-Load Losses (maximum) in kilowatts: []

(2) * Load loss (maximum) in kilowatts:

Loading condition assumptions for CLIN [] are given in the Specifications, Attachment [], Part [], Paragraph [], Table [] Condition []

* Round to nearest tenth of a kilowatt

WES-H-2022 FAILURE TO MEET WARRANTED CHARACTERISTICS (WAPA, JAN 2012)

Prior to payment, the kilowatt losses stated in the "Warranted Characteristics" clause of this contract shall be compared with the actual loss values given in the test report required by the Specification. Monetary value will be established for the actual kilowatt losses of the transformer(s) on the basis of the rates given below. In the event that the actual monetary value exceeds the monetary value calculated for warranted losses, the price of the transformer(s) shall be reduced by the amount that the monetary value of the actual losses exceeds the monetary value of the warranted losses.

No-Load Losses: $3,852/kW

Load Losses: $2,168/kW

Special Contract Terms TARIFF ADJUSTMENT SPECIAL CONTRACT TERMS- TARIFF

ADJUSTMENT

2025 TARIFF PROVISION (2025)

1. SPECIAL CONTRACT TERMS – TARIFF ADJUSTMENT

1.1 Contractor's Responsibilities and Documentation Requirements

The contractor shall promptly request a price adjustment and submit appropriate documentation that shows and supports the increase in product price resulting from applicable 2025 tariffs. Examples of supporting documentation may include but are not limited to:

- a detailed breakdown of the specific materials, components, or goods affected by the 2025 tariffs, including tariff codes and applicable rates,

- invoice(s) or other documentation demonstrating the increased cost of materials, components, or goods resulting directly from the 2025 tariffs,

- documentation confirming that the 2025 tariffs directly impacted the materials, components, or goods to be delivered under a specific contract,

- other supporting information that verifies the tariffs levied on materials, components, or goods to be delivered under a specific contract.

Contractor will provide a breakdown, by HTS code and by circuit breaker type, which imported materials are subject to tariffs, as well as the impact by breaker class and by country of origin. Contractor will also provide documentation evidencing payment, but no cost data will be provided.

In addition to the documentation referenced above, contractors must certify that no amount of the tariff increase was included in the original Contract price, as a contingency reserve or for any other purpose.

1.2 Equitable Adjustment (EA) Request and Approval Process

The contractor shall submit the required documentation to the Contracting Officer (CO) for review. Upon receipt, the CO will evaluate the EA request and the supporting documentation. If the documentation meets the EA request, the CO will issue a bilateral modification to the affected contract to reflect the adjusted price resulting from the 2025 tariffs. The price adjustment will be based on the assessed tariff amount and will be incorporated, as a separate line item, into the contract as part of the Contract modification.

1.3 Timeframe for Submission of Tariff Adjustment Requests

The contractor will endeavor to submit requests for an EA to the CO within 30 days of receiving notification of the assessed tariff amount on imported materials, components, or goods delivered under a specific contract.

DOE-H-2084 MITIGATING SUPPLY CHAIN RISK (OCT 2022)

DOE/NNSA utilizes a Supply Chain Risk Management (SCRM) Program to identify, assess, and monitor supply chain risks of critical vendors. The Government may use any information, public and non-public, including all-source intelligence for its analysis. The Contractor agrees that the Government may, at its own discretion, perform audits of supply chain risk processes or events consistent with other terms in the contract regarding access to records and audits. An onsite assessment may be required. Through the information obtained from a SCRM program, DOE may assess vendors and products through multiple risk lenses such as national security, cybersecurity, compliance, and finance. If supply chain risks are identified and corrective action becomes necessary, mutually agreeable corrective actions will be sought based upon specific identified risks. Failure to resolve any identified risk may result in contract termination.

(End of Clause)

DOE-C-2001 STATEMENT OF WORK (OCT 2014)

Attachment B - Bouse KW1A Transformer Spec

(End of Clause)

DOE-C-2003 REPORTS (OCT 2014)

The Contractor shall prepare and submit reports in accordance with Attachment B in Section J, and as specified in other clauses in the contract.

(End of Clause)

DOE-D-2001 PACKAGING AND MARKING (OCT 2014)

(a) Preservation, packaging and packing for shipment or mailing of all work delivered hereunder shall be in accordance with good commercial practice, adequate to ensure acceptance by common carrier and safe transportation at the most economical rate(s), including electronic means.

(b) Each package, report or other deliverable shall be accompanied by a letter or other document which -

(1) Identifies the contract by number pursuant to which the item is being delivered;

(2) Identifies the deliverable item number or report requirement which requires the delivered item; and

(3) Indicates whether the Contractor considers the delivered item to be a partial or full satisfaction of the requirement.

(c) For any package, report, or other deliverable being delivered to a party other than the Contracting Officer, a copy of the document required by paragraph (b) shall be simultaneously delivered to the office administering this contract, as identified in Section G of the contract, or if none, to the Contracting Officer.

(End of Clause)

DOE-F-2001 DELIVERY SCHEDULE (OCT 2014)

The Government requires delivery to be made according to the following schedule:

Earliest possible and as listed in Contractor Quote.

(End of Clause)

DOE-F-2004 DELIVERY POINT (OCT 2014)

(a) Delivery of all items under this contract shall be made to the following address:

Bouse Substation Near Parker, AZ in La Paz County (Detailed directions upon award), AZ 85344

(b) Delivery for the purpose of inspection, acceptance and the Prompt Payment Act must be through the above shipping address unless another location has been authorized by the Contracting Officer. If delivery is made to another location without authorization from the Contracting Officer, a delivery for the purposes of the Prompt Payment Act has not occurred and no interest penalty under the Act shall result.

(End of Clause)

DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)

The Contracting Officer is responsible for administration of the contract. The Contracting Officer may appoint a Contracting Officer's Representative (COR), in accordance with the clause entitled Contracting Officer's Representative, to perform specifically delegated functions. The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions under the BPA Call:

(a) Assign additional work within the general scope of the BPA Call.

(b) Issue a change in accordance with the clause entitled Changes.

(c) Change the cost or price of the BPA Call.

(d) Change any of the terms, conditions, specifications, or services required by the BPA Call.

(e) Accept non-conforming work.

(f) Waive any requirement of the BPA Call.

(End of Clause)

DOE-G-2003 CONTRACTOR'S PROGRAM MANAGER (OCT 2014)

(a) The Contractor shall designate a [Program Manager] who will be the Contractor's authorized supervisor for technical and administrative performance of all work hereunder. The [Program Manager] shall be the primary point of contact between the Contractor and the Contracting Officer's Representative (COR) under this BPA Call.

(b) The [Program Manager] shall receive and execute, on behalf of the Contractor, such technical directions as the COR may issue within the terms and conditions of the BPA Call.

(End of Clause)

DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (NOV 2021)

(a) The Contracting Officer will document the Contractor's performance under this contract (including any task orders placed against it, if applicable) by using the Contractor Performance Assessment Reporting System (CPARS). CPARS information is handled as "Source Selection Information," available to authorized Government personnel seeking past performance information when evaluating proposals for award.

(b) Contractor performance will be evaluated at least annually at the contract or task-order level, as determined by the Contracting Officer. Evaluation categories may include any or all of the following at the Government's discretion: (1) technical/quality, (2) cost control, (3) schedule, (4) management or business relations, and (5) small business subcontracting. Past performance information is available at https://www.cpars.gov. It is recommended that the Contractor take the overview training found on the CPARS website. The Contractor shall acknowledge receipt of the Government's request for comments on CPARS assessments at the time it is received and shall respond to such requests within fourteen (14) calendar days of the request.

(c) Joint Ventures. Performance assessments shall be prepared on contracts with joint ventures. When the joint venture has a unique Commercial and Government Entity (CAGE) code and unique entity identifier, a single assessment will be prepared for the joint venture using its CAGE code and unique entity identifier. If the joint venture does not have a unique CAGE code and unique entity identifier, separate assessments, containing identical narrative, will be prepared for each participating contractor and will state that the evaluation is based on performance under a joint venture and will identify the contractors that were part of the joint venture.

(d) In addition to the performance assessments addressed above, the Government will perform other performance assessments necessary for administration of the contract in accordance with other applicable clauses in this contract.

(End of Clause)

DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)

Due to automated procedures employed in formulating this document, clauses and provisions contained within may not always be consecutively numbered.

(End of Clause)

DOE-H-2049 INSURANCE REQUIREMENTS (OCT 2014)

(a) In accordance with the clause [Insert either FAR 52.228-5, Insurance - Work on a Government Installation; FAR 52.228-7, Insurance - Liability to Third Persons; or DEAR 952.231-71 - Litigations and Claims, as applicable] the following types and minimum amounts of insurance shall be maintained by the Contractor:

(1) Workers' compensation - Amount in accordance with applicable Federal and State workers' compensation and occupational disease statutes.

(2) Employer's liability - [$100,000 insert amount if different] (except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers).

(3) Comprehensive bodily injury liability - [$500,000 insert amount if different].

(4) Property damage liability - None, unless otherwise required by the Contracting Officer.

(5) Comprehensive automobile bodily injury liability - [$200,000 insert amount if different] per person and [$500,000 insert amount if different] per occurrence.

(6) Comprehensive automobile property damage - [$20,000 insert amount if different] per occurrence.

(b) The Contractor shall provide evidence of such insurance, if requested by the Contracting Officer; and the Contracting Officer may require such evidence to be provided prior to the commencement of work under the contract.

(End of Clause)

DOE-J-2001 LIST OF ATTACHMENTS (OCT 2015)

The following attachments constitute part of this contract:

Attachment Number Title Date

A Attachment A Price Schedule 03/12/2026 B Attachment B Bouse Transformer Specifications 03/12/2026 C Attachment C Subcontract Plan Template 03/12/2026

(End of Clause)

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

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

(DEVIATION FEB 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.]

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

[ ] (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, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

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

[ ] (14) [Reserved]

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

[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (17) [Reserved]

[ ] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[ ] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9.

[ ] (iv) Alternate III (JUN 2020) of 52.219-9.

[ ] (v) Alternate IV (JAN 2025) of 52.219-9.

[ ] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[ ] (24) 52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[ ] (26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[ ] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (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. chapter 78 and E.O. 13627).

[ ] (40) 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

[ ] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 76711).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

[ ] (48)(i) 52.225-1, Buy American- Supplies (OCT 2022)) (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).

[ ] (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).

[ ] (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).

[ ] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

[ ] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

[ ] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

[ ] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[ ] (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 Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015

(Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi) [ ] (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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).

(xxiv) 52.226-6, Promoting…