Solicitation - FA301021Q0009.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA301021Q0009

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

MONTHLY RECURRING CHARGES

(MRC)

Provide all personnel, supervision, training, transportation, facilities, equipment, supplies, tools, labor, and other items necessary to perform Local Telecommunication Services at Keesler AFB, MS in accordance with Attachment 1, Performance Work Statement, for the period of 1 Jun 21 - 31 May 22.

Firm Fixed Price

CIN: 00000000000006290139

12 Months

NON-RECURRING CHARGES (NRC)

for adding circuits

Provide all personnel, supervision, training, transportation, facilities, equipment, supplies, tools, labor, and other items necessary to perform Local Telecommunication Services at Keesler AFB, MS in accordance with Attachment 1, Performance Work Statement, for the period of 1 Jun 21 - 31 May 22.

Firm Fixed Price

CIN: 00000000000006290140

1 Lot

CUTOVER

Firm Fixed Price

CIN: 00000000000006290141

1 Each

Option Line Item

MONTHLY RECURRING CHARGES

(MRC) for the period of 1 June 22 to 31 May 23.

Firm Fixed Price

12 Months

Option Line Item

NON-RECURRING CHARGES (NRC)

for adding circuits for the period of 1 June 22 to 31 May 23.

Firm Fixed Price

1 Lot

Option Line Item

MONTHLY RECURRING CHARGES

(MRC) for the period of 1 June 23 to 31 May 24.

Firm Fixed Price

12 Months

Option Line Item

NON-RECURRING CHARGES (NRC)

for adding circuits for the period of 1 June 23 to 31 May 24.

Firm Fixed Price

1 Lot

Option Line Item

MONTHLY RECURRING CHARGES

(MRC) for the period of 1 June 24 to 31 May 25.

Firm Fixed Price

12 Months

Option Line Item

NON-RECURRING CHARGES (NRC)

for adding circuits for the period of 1 June 24 to 31 May 25.

Firm Fixed Price

1 Lot

Option Line Item

MONTHLY RECURRING CHARGES

(MRC) for the period of 1 June 25 to 31 May 26.

Firm Fixed Price

12 Months

Option Line Item

NON-RECURRING CHARGES (NRC)

for adding circuits for the period of 1 June 25 to 31 May 26.

Firm Fixed Price

1 Lot

Description/Specifications/Statement of Work

Requirements FY21 F6442 81MSG CS 30 3A4258 FM9 Telephone Services at Keesler AFB

Packaging and Marking

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. 1996-08

0001 Inspection and Acceptance Location Both Destination Instructions: None

DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS

PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

0002 Inspection and Acceptance Location Both Destination Instructions: None

DoDAAC: F2J3M1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SQD CCQ

AF BPN NO MILSBILLS

PROCESSES

510 H ST RM 129

KEESLER AFB, MS 39534 2444

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

0003 Inspection and Acceptance Location Both Destination

Instructions: None

DoDAAC: F2J3M1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SQD CCQ

AF BPN NO MILSBILLS

PROCESSES

510 H ST RM 129

KEESLER AFB, MS 39534 2444

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: None

DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS

PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Option Line Item 1002 Inspection and Acceptance Location Both Destination Instructions: None

DoDAAC: F2J3M1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SQD CCQ

AF BPN NO MILSBILLS

PROCESSES

510 H ST RM 129

KEESLER AFB, MS 39534 2444

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: None

DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS

PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Option Line Item 2002 Inspection and Acceptance Location Both Destination Instructions: None

DoDAAC: F2J3M1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SQD CCQ

AF BPN NO MILSBILLS

PROCESSES

510 H ST RM 129

KEESLER AFB, MS 39534 2444

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Option Line Item 3001 Inspection and Acceptance Location Both Destination

Instructions: None

DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS

PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Option Line Item 3002 Inspection and Acceptance Location Both Destination Instructions: None

DoDAAC: F2J3M1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SQD CCQ

AF BPN NO MILSBILLS

PROCESSES

510 H ST RM 129

KEESLER AFB, MS 39534 2444

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Option Line Item 4001 Inspection and Acceptance Location Both Destination Instructions: None

DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS

PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Option Line Item 4002 Inspection and Acceptance Location Both Destination Instructions: None

DoDAAC: F2J3M1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SQD CCQ

AF BPN NO MILSBILLS

PROCESSES

510 H ST RM 129

KEESLER AFB, MS 39534 2444

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Deliveries or Performance

Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 JUN 2021

31 MAY 2022

12 Months

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Period of Performance From

01 JUN 2021

To

31 MAY 2022

Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 JUN 2021

31 MAY 2022

1 Lot

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Email: jeannette.davis@us.af.mil Telephone: 228-377-9797

Period of Performance From

01 JUN 2021

To

31 MAY 2022

Delivery Schedule Ship To Address

Delivery Period

01 JUN 2021

30 JUN 2021

1 Each

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Period of Performance From

01 JUN 2021

To

30 JUN 2021

Option Line Item 1001 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 JUN 2022

31 MAY 2023

12 Months

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Period of Performance From

01 JUN 2022

To

31 MAY 2023

Option Line Item 1002 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

01 JUN 2022

31 MAY 2023

1 Lot

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Email: jeannette.davis@us.af.mil Telephone: 228-377-9797

Period of Performance From

01 JUN 2022

To

31 MAY 2023

Option Line Item 2001 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 JUN 2023

31 MAY 2024

12 Months

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Period of Performance From

01 JUN 2023

To

31 MAY 2024

Option Line Item 2002 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 JUN 2023

31 MAY 2024

1 Lot

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Email: jeannette.davis@us.af.mil Telephone: 228-377-9797

Period of Performance

From

01 JUN 2023

To

31 MAY 2024

Option Line Item 3001 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 JUN 2024

31 MAY 2025

12 Months

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Period of Performance From

01 JUN 2024

To

31 MAY 2025

Option Line Item 3002 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 JUN 2024

31 MAY 2025

1 Lot

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Email: jeannette.davis@us.af.mil Telephone: 228-377-9797

Period of Performance From

01 JUN 2024

To

31 MAY 2025

Delivery Schedule Ship To Address

Option Line Item 4001

Partial Delivery Schedule Delivery Period

01 JUN 2025

31 MAY 2026

12 Months

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Telephone: 228-377-9797 Email: jeannette.davis@us.af.mil

Period of Performance From

01 JUN 2025

To

31 MAY 2026

Option Line Item 4002 Delivery Schedule Ship To Address

Partial Delivery Schedule Delivery Period

01 JUN 2025

31 MAY 2026

1 Lot

Place of Performance DoDAAC: F2J3M2 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

81 COMM SCOI

AF BPN NO MILSBILLS PROCESSES

712 CHAPPIE JAMES AVE

KEESLER AFB, MS 39534 2600

UNITED STATES

OfficeCode:

Jeannette Davis Email: jeannette.davis@us.af.mil Telephone: 228-377-9797

Period of Performance From

01 JUN 2025

To

31 MAY 2026

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA3010 Admin DoDAAC FA3010 Inspect By DoDAAC F2J3M1 Ship To Code F2J3M1 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) F2J3M1 Service Acceptor (DoDAAC) F2J3M1 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

dewi.clark@us.af.mil eric.dismuke.1@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-3 Gratuities. 1984-04 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2020-06

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

2020-06

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. 2020-03 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.232-18 Availability of Funds. 1984-04 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-3 Protest after Award. 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.237-3 Continuity of Services. 1991-01 52.242-13 Bankruptcy. 1995-07 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.239-7010 Cloud Computing Services. 2016-10 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items. 2020-10

FAR Clauses Incorporated by Full Text

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. 2016-06

As prescribed in , insert the following clause:4.1903

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

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

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

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

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

Safeguarding requirements and procedures.(b)

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

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

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

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

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

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

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

Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.(vii)

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

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

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

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

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

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

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

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

This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal (2) Other requirements.

agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (c) Subcontracts.

(including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

2020-08

As prescribed in , insert the following clause:4.2105(b)

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

As used in this clause-(a) Definitions.

means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( , Backhaul e.g.

connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, e.g.

Ethernet).

means The People's Republic of China.Covered foreign country means–Covered telecommunications equipment or services

Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such (1) entities);

For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other (2) national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

Telecommunications or video surveillance services provided by such entities or using such equipment; or(3)

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in (4) consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

means–Critical technology

Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms (1) Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under (2) subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, (i) nuclear nonproliferation, or missile technology; or

For reasons relating to regional stability or surreptitious listening;(ii)

Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of (3) title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of (4) nuclear equipment and material);

Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title (5) 42 of such Code; or

Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. (6) 4817).

means arrangements governing the physical connection of two or more networks to allow the use of another's Interconnection arrangements network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone e.g.

company B) or sharing data and other information resources.

means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or Reasonable inquiry provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the Roaming e.g.

facilities of the home network either because signal coverage is too weak or because traffic is too high.

means any component necessary for the proper function or performance of a piece of equipment, system, or Substantial or essential component service.

. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

This clause does not prohibit contractors from providing-(c) Exceptions.

A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or(1)

Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such (2) equipment transmits or otherwise handles.

Reporting requirement. (d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or (1) essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause(2)

Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; (i) supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about (ii) mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all (e) Subcontracts.

subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2021-

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889 (a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[Contracting Officer check as appropriate.]

[X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.

2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

[X ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

(Jun 2020) (31 U.S.C. 6101 note).

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

[ ] (10) [Reserved].

[ ] (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (Mar 2020) of 52.219-3.

[ ] (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (Mar 2020) of 52.219-4.

[ ] (13) [Reserved]

[ ] (14)

(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.

[ ] (15)

(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.

[ X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)

(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9

[ ] (18)

(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.

[ ] (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

[ ] (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

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

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[ ] (24) 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 (Mar2020) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

[X ] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

[ X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[x ] (30)

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

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

[X ] (31)

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

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

[X ] (32)

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

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

[ X] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[X ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X ] (35)

(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

[ ] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (37)

(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.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

[ ] (40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

[ ] (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

[X ] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

[ ] (47)

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

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

[ ] (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

[ ] (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (Jan 2021) of 52.225-3.

[ ] (iii) Alternate II (Jan 2021) of 52.225-3.

[ ] (iv) Alternate III (Jan 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 2302Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X ] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.]

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

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

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

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

chapter 67).

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

[ ] (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 Under Executive Order 13658 (Nov 2020).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access 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 items. 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 (Jun 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889 (a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 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.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive…