Solicitation Amendment W912HZ25RA0040001 SF 30.pdf

PDF 4 MB Posted Jul 28, 2025

Attached to: Concrete and Aggregates BPA
Solicitation number: W912HZ25RA004
Issued by: Department of the Army Corps of Engineers Engineer Research and Development Center

About this file

Written by GovTribe AI · Jul 28, 2025

This is a Solicitation Amendment (Standard Form 30) for a Blanket Purchase Agreement (BPA) for concrete and aggregate supplies issued by the U.S. Army Corps of Engineers Engineer Research and Development Center (ERDC). The amendment updates the solicitation response due date from August 18, 2025 to August 28, 2025 and provides details about the BPA requirements.

The BPA will establish a pool of contractors to supply concrete and aggregate materials to multiple ERDC facilities across the United States, including locations in Mississippi, New Hampshire, Illinois, Virginia, North Carolina, Texas, Alabama, and Alaska. The total BPA capacity is not to exceed $5,000,000, with individual requirements not exceeding the simplified acquisition threshold. The BPA will have a five-year performance period or until the total capacity is reached. Contractors will be responsible for providing ready-mix concrete, various stone and gravel gradations, and aggregates for civil construction and maintenance projects, with delivery via mixer trucks to designated ERDC work sites.

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Notice to extend all ERDC Supplies BPAs.pdf	PDF	Aug 27, 2025
Section L Chart Attachments.pdf	PDF	Jul 28, 2025
Section M Chart Attachments.pdf	PDF	Jul 28, 2025
Solicitation- W912HZ25RA0040001.pdf	PDF	Jul 28, 2025

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER.

If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Solicitation/Contract Form Continuation

The following changes have been made:

INFORMATION FROM TO

Response Due Date 18 Aug 2025 28 Aug 2025

Continuation of Description

Miscellaneous text in this section has been modified to:

1. General: The objective of this Blanket Purchase Agreement (BPA) is to obtain or concrete and aggregates supplies for the Engineering Research and Development Centers (ERDC) facilities over the next five years. Orders will be issued by firm-fixed price BPA Call orders. There is no minimum guarantee for this agreement.

2. Requirement: The Contractor shall furnish all management, materials, supplies, and transportation to deliver all requirements specified in each BPA call. Award of BPA calls will only be made under contractors included in the BPA pool. The supplies include but are not limited to:

Ready mix concrete as well as related supplies and additives including but not limited to typical concrete mixtures for various compressive strengths commonly used in civil construction and maintenance such as building slabs, footings and grade beams, sidewalks, roads and drives, drainage structures, curbs, etc. The concrete will be delivered via mixer trucks to ERDC-designated work sites as required.

Various gradations and types of stone, sand, and gravel.

Various gradations of crushed stone and limestone.

Various sizes of rock, slag, gravel, and stone.

Various aggregates as used in erosion control projects.

3. Funds Obligation: The Master Blanket Purchase Agreement (BPA) does not obligate any funds. The government shall be obligated only to the extent of authorized purchases actually made via a properly executed BPA Call.

4. Threshold: There is a pool of Blanket Purchase Agreement holders that will share a total capacity not to exceed $5,000,000.00. The Government estimates, but does not guarantee, that the total volume of purchases through the Blanket Purchase agreement pool will total $5,000,000.00. Individual requirements shall not exceed the simplified acquisition threshold. There is no minimum guarantee of work. There is no minimum BPA Call value.

5. Period of Performance: This BPA expires Five (5) years from award date or at reaching the BPA not to exceed limit ($5,000,000.00), whichever is earlier.

6.0 LOCATION AND DESCRIPTIONS OF FACILITIES:

W912HZ25RA0040001

ERDC locations included in this agreement include but are not limited to:

- Engineering Research and Development Center, Vicksburg, MS

- Cold Regions Research and Development Laboratory, Hanover, NH

- Construction Engineering and Research Laboratory, Champaign, IL

- Geospatial Research Laboratory, Alexandria, VA

- Coastal and Hydraulics Laboratory Field Research Facility, Duck, NC

- Lewisville Aquatic Ecosystem Research Facility, Lewisville, TX

- USACE Reach-back Operations Center, Mobile, AL

- Permafrost Tunnel Research Facility, Fox, AK

- Permafrost Experiment Station, Fairbanks, AK

7. CONTRACTOR RESPONSIBILITIES:

A. Delivery: Each Call awarded under this agreement will have a delivery date for that specific call.

B. Licensing and Qualifications - The Contractor shall comply with licensing and qualifications requirements of the State where work is to be performed.

C. Quality Control Program - The Contractor, and not the Government, will be responsible for management and quality control actions necessary to meet the quality standards set forth by this agreement.

8. GOVERNMENT RESPONSIBILITIES:

A. BPA Calls - Upon acceptance of the Contractor's Quote in response to the Government's RFQ, the Government shall issue a Call for the work to be accomplished by the Contractor. Each Call, at a minimum, shall describe the required supplies and delivery.

B. Payment - The Government will make all payments within 30 days of receipt of proper invoicing after delivery of supplies in accordance with each specific BPA Call.

9. SAFETY REQUIREMENTS:

A. Rules and Regulations - Safety shall in accordance with the latest version of EM 385-1-1, US Army Corps of Engineers Safety and Health Requirements Manual which may be found at (http://www.usace.

army.mil/CESO/Document/EM385-1-1FINAL.pdf), applicable OSHA regulations, and other applicable federal, state, and local regulations, including safety procedures required by the Safety Office. Where regulations differ, the most stringent shall apply.

10. SECURITY AND ACCESS REQUIREMENTS:

A. Site Security - The Contractor shall provide delivery to secure federal facilities and shall insure all personnel delivering to these facilities meet all security requirements.

B. Hours of Operation - Normal hours of operation are Monday through Friday from 0700 until 1600 excluding Federal holidays. The Contractor shall arrange delivery during these working hours.

C. Security Requirements -

(1) U.S. Citizens: Delivery personnel must be U. S. citizens. Contractor personnel shall follow all sign-in and security regulations as directed by the Security Office.

(2) No Weapons Allowed: All persons and vehicles entering a US Government facility are subject to inspection for firearms, explosives and dangerous weapons, per AR 190-22.

(3) Subcontractor Access/Deliveries: The Contractor shall notify the TPOC the day before or as soon as possible when subcontractors are to arrive or deliveries of equipment and supplies are to occur. This will facilitate access on to the installation and prevent delays at the security gates.

11. ENVIRONMENTAL REQUIREMENTS:

A. Environmental Protection - The Contractor shall be in compliance with Federal, State, and local environmental laws, regulations, and ordinances applicable to this agreement. The Contractor is responsible for being currently informed of changes in environmental laws, regulations and ordinances.

Violations or delays resulting from the Contractor's failure to comply with environmental laws, regulations, and ordinances shall not affect the approved performance schedule. Where laws, regulations, and/or regulations differ, the most stringent shall apply.

B. Labeling Hazardous Materials - The Contractor shall ensure that all hazardous materials delivered to or transported by it onto the Campus are properly labeled in accordance with Federal regulation

29CFR1910.1200.

12. Quality Assurance - The Contractor shall meet identified performance standards as listed in the Table below. The Government will assure compliance with the identified standards as noted in the Table.

Requirement Performance Objective Method of Surveillance Acceptable Quality Level (AQL) Incentives /Disincentives for Meeting or Not Meeting the Performance Standards Contractor Replies in timely manner to all Request for Quotes Verification by Government 100% in accordance with FAR 52.212-4 Contractor deliveries quality products that meet Call specifications Verification by Government 100% in accordance with FAR 52.212-4 Contractor delivers products by delivery date to meet call specifications Verification by Government 100% in accordance with FAR 52.212-4 Contractor invoices are accurate and timely Verification by Government 100% in accordance with FAR 52.212-4

13. INSPECTION AND CALL COMPLETION -- This agreement is subject to routine Government inspections throughout the performance of contractor work and a final Government inspection upon completion of each job.

A. Inspections -- Routine inspections by the Technical Point of Contact/Customer will be performed to help ensure continuous quality assurance and more quickly identify defects.

B. Job Completion -- Upon delivery of the supplies in each BPA Call, the Government will make a final inspection to confirm that:

(1) Required supplies have been delivered and complies with the BPA Call.

(2) Any defects have been corrected

There are no Defects, and any defects have been corrected.

14. BPA CALL SUBMITTALS --This agreement may require specifications and submittals of spec sheets to ensure proposed supplies meet the Government requirement.

Contractor shall submit the following to the TPOC/COR.

A. Technical Submittals for Government Approval:

(1) If the contractor proposes to provide an "equal" product to a product specified in the PWS, the "equal" product specifications must be submitted for approval with their RFP. Only products meeting or exceeding the specifications for the listed product can be approved for this agreement. Once an "equal" has been approved, no substitutions by the contractor will be allowed.

(2) Product Data: Copies of written product data describing materials not provided by the Government but specifically listed in the BPA Call. No substitutions by the contractor will be allowed once materials have been approved.

(3) Material Safety Data Sheets (MSDS): MSDS sheets for cleaners or lubrication or any other materials intended for use on this agreement. No substitutions by the contractor will be allowed once materials have been approved.

15.0 ADMINISTRATIVE DATA

Appointed Micro-Purchase Contracting Officers, in good standing, are authorized to place calls against this BPA up to Agency/Organization Program Coordinator (A/OPC) delegated single purchase authority limit, not to exceed the Micro-purchase threshold for services of $2,500 (10 U.S.C. 2338). A cardholder cannot place a call that exceeds their delegated GPC authority/appointment. Additionally, individuals designated by the Contracting Officer with BPA Procurement Authorization may place calls against this BPA up to $25,000.

Actions greater than the thresholds above require a complete Procurement Action Request (PAR) submitted to the Contracting Office for processing. Only a warranted Contracting Officer is authorized to initiate and complete a BPA call greater than $25,000.

The Master BPA's will expire in five (5) years from date of award or total purchases reaching the BPA limit, whichever occurs first.

Actual purchases will be made via properly executed BPA Call. These orders will be initiated at the time the Services are needed by an authorized representative of the Contracting Office or by a warranted Micro-purchase Contracting Officer.

All BPA calls shall be supported by a delivery ticket or sales slip that must contain the following information at a minimum:

(1) Name of supplier.

(2) BPA number.

(3) Date.

(4) BPA call number and/or PR&C number.

(5) Itemized list of supplies.

(6) Quantity, unit price, and extension of each item; less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(7) Date of delivery.

16. INVOICE INSTRUCTIONS

Invoices will be submitted and processed for each delivery of supplies.

(1) A proper invoice must be in accordance with FAR 32.905 (b)(1).

(2) Submit invoice via email to: CEFC.CEFC-payments@usace.army.mil

(3) To avoid delay in payment, a copy must also be emailed to the person ordering the services.

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

Additional Information/Notes

The following clauses were added:

FAR Clauses Incorporated by Full Text

52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025)Deviation 2025-O0004(Mar 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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 (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations 2017)

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 (Section 1634 of Pub. L. 115-91).(Dec 2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Nov 2021)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. (Mar 2023) 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-(Oct 2004) 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

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

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

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

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

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

[Reserved].(6)

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

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

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

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

II).

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. (Dec 2023) 115-390, title II).

Alternate I of 52.204-30.(ii) (Dec 2023)

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan

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

[Reserved].(14)

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

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

[Reserved](17)

(18)

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

Alternate I of 52.219-6.(ii) (Mar 2020)

(19)

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

Alternate I of 52.219-7.(ii) (Mar 2020)

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

(21)

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

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

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

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

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

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

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

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

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

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

(26)

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

Alternate I of 52.219-28.(ii) (Mar 2020)

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

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

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

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

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

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

[Reserved](33)

[Reserved](34)

(35)

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

Alternate I of 52.222-35.(ii) (Jul 2014)

(36)

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

Alternate I of 52.222-36.(ii) (Jul 2014)

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

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

(39)

(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not (Jan 2025) 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.)

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

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

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

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

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

52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.(46) C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(47)

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

Alternate I of 52.224-3.(ii) (Jan 2017)

(48)

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

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 (NOV 2023) 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.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (Jan 2025)

Alternate III of 52.225-3.(iv) (Feb 2024)

Alternate IV (Oct 2022) of 52.225-3.(v)

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

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

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct (52) 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).

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

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

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.(55) (May 2024) O. 13513).

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

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (57) (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

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

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (59) (Oct2018) (31 U.S.C. 3332).

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (60) (Jul 2013) (31 U.S.C. 3332).

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

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

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

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

(65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. (Nov 2021) 55305 and 10 U.S.C. 2631).

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

Alternate II of 52.247-64.(iii) (Nov 2021)

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

[ ]Contracting Officer check as appropriate.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.(2) (May 2014) S.C. chapter 67).

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

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

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

C. chapter 67).

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

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

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

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

52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent (10) Human Trafficking (49 U.S.C. 40118(g)).(Jan 2025)

(d) . The Contractor shall comply with the provisions of this Comptroller General Examination of Record 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 (41 U.S.C. 3509).(Nov 2021)

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

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. (Dec 2023) 115-390, title II).

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

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

(ix) [Reserved]

(x) [Reserved]

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.(Dec 2010) O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)

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

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

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

C. chapter 67).

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

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

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

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

(xxii)

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.2016)

C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.(Jun 2020) C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.

C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

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

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.(Nov 2021) C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

The following clauses were deleted:

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services.

(Jan 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which (a) are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (1) (Jan (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations 2017)

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided (2) by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(Dec 2023)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance (3) Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(Nov 2021)

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (Nov 2015)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. (5) (Mar 2023) 3903 and 10 U.S.C. 3801).

52.233-3, Protest After Award (31 U.S.C. 3553).(6) (Aug 1996)

52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-(7) (Oct 2004) 78 ( 19 U.S.C. 3805 note)).

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer (b) 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

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

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

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

[Reserved].(6)

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

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

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

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

II).

(11)

52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. (i) (Dec 2023) 115-390, title II).

Alternate I of 52.204-30.(ii) (Dec 2023)

(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan

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

[Reserved].(14)

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

[Reserved](17)

(18)

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

Alternate I of 52.219-6.(ii) (Mar 2020)

(19)

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

Alternate I of 52.219-7.(ii) (Mar 2020)

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

(21)

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

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

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

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

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

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

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

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

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

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

(26)

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

Alternate I of 52.219-28.(ii) (Mar 2020)

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

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

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

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

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

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

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

(34)

52.222-26, Equal Opportunity (E.O.11246).(i) (Sep 2016)

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

(35)

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

Alternate I of 52.222-35.(ii) (Jul 2014)

(36)

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

Alternate I of 52.222-36.(ii) (Jul 2014)

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

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

(39)

52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (Nov 2021)

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)

(41)

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

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

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

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

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

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

52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. (46) (May 2024) 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

(47)

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

Alternate I of 52.224-3.(ii) (Jan 2017)

(48)

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

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 (i) (NOV 2023) 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.