Solicitation - FA301621Q0112.pdf

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2AF BMT Furniture Federal contract opportunity
Solicitation number
FA301621Q0112
Issued by
Department of the Air Force Air Education and Training Command

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Attachment 1_Statement of Objective_15 July 2021_2 pages.pdf PDF
Question and Answer Sheet.docx DOCX document
Attachment 2_Technical Specifications and Drawings_15 July 2021_7 pages.pdf PDF
J and A_Redacted.pdf PDF

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502 CONS/JBKAE FA301621Q0112

JBSA Lackland, TX 78236 2AF BMT Furniture

2AF BMT Furniture Brand Name

(The quote shall be effective 30 days after submission)

Request for Quote: FA301621Q0112

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a separate Request for Proposal (RFP) will not be issued. The solicitation number is FA301621Q0112 and is issued as a Request for Quotation (RFQ). This combined synopsis/solicitation incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 and DFARS change notice 7/9/2021. This purchase is restricted to Small Business concerns. The NAICS code is 337214 and the size standard is 1,000 employees. This is a requirement for office furniture as stated below.

Please respond to this RFQ by emailing your response to: TSgt Maria Yalung @ maria_christina.yalung.1@us.af.mil and Aisha Adams @ aisha.adams@us.af.mil no later than 9:00 AM CST, 16 August 2021 - Monday (or sooner if possible) in order to be considered timely. Any and all questions will be due by 1:00 PM CST 11 August 2021 - Wednesday. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified in this solicitation shall be determined as late and will not be considered unless received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received. The contractor must submit a specification sheet and pictures with their quote.

**Only the three lowest quotes deemed technically acceptable will be considered for evaluation for award**

(Please provide a quote for the line items listed below. Failure to quote on all CLINs will render the quote unacceptable and ineligible for award consideration in the absence of discussions.)

Please provide the information below:

FOB

Destination

Payment Terms Delivery Date

Company Name:

DUNS #

Required Cage Code Number:

POC:

Telephone #

E-Mail Address:

Tax ID#:

GSA Contract Number:

Warranty Information:

Do you have the capacity to invoice electronically through WAWF? (Yes/No)

Special Notes and Instructions:

502 CONS/JBKAE FA301621Q0112

JBSA Lackland, TX 78236 2AF BMT Furniture

1. This is a notice that this order is a total set-aside for small business concerns. Only quotes submitted by small business concerns holding NAICS Code 337214 will be accepted by the Government. Any quote that is submitted by a contractor that is not a small business concern will not be considered for award.

2. Basis for Award. 502 CONS/JBKAE will issue a purchase order to the vendor who is determined to offer the best value to the Government. Failure to acknowledge amendments will result in your quote not being considered for award. Contract type shall be Firm Fixed Price (FFP).

3. Best Value Determination. The Offeror who is deemed responsible and responsive with the Lowest Priced, Technically Acceptable (LPTA) quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the solicited item description. Quotes initially will be ranked from lowest to highest based on total cost. The Government will then evaluate the three lowest priced quotes for Technical Acceptability. However, the Government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the best interest of the Government. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of total cost. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.

4. Interchanges. The government intends to award a purchase order without interchanges with respective vendors/quoters. The government however, reserves the right to conduct interchanges if deemed in its best interest.

Under appropriate circumstances, interchanges can be an effective method to improve the Government's evaluation of Offerors' quoted approaches and may reduce acquisition cycle time. Interchanges may be written, email, phone call, etc., or any method which would accurately capture the contemporaneous sharing of information between the Government and the Offerors. Interchanges may also be oral conversations between the Government and the Offerors.

5. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.

6. Brand Name. This requirement is brand name and products must match all specifications and data IAW Attachment 1 - Statement of Objective, dated 15 July 2021 and Attachment 2 – Technical Specifications and Drawings, dated 15 July 2021.

7. Notice to Offeror. The Government reserves the right to cancel this Request for Quote (RFQ), either before or after suspense date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.

8. Delivery/Assembly: All delivery, assembly and installation will be performed IAW Attachment 1 - Statement of Objective, dated 15 July 2021.

9. Site Visit: A site visit will be held at 10:00AM CST, 11 August 2021 – Wednesday, upon request. A site visit is not mandatory for this solicitation. Due to the circumstances of the COVID-19 pandemic, CDC guidelines for social distancing will be still be enforced and mask are required on federal installations. Each contractor can bring up to 2 people only for the site visit. The site visit will be conducted in time intervals per contractor to prevent large groups from forming during the site visit. If the contractor requests a site visit, please provide driver's license information and country of birth (if non-US Citizen) of whom will be present. (Name, DOB, DL#, DL State Issue, Country of Birth). Send requests to: TSgt Maria Yalung @ maria_christina.yalung.1@us.af.mil and Aisha Adams @ aisha.adams@us.af.mil. No site visit request will be accepted after 10:00 AM CST, 10 August 2021 - Tuesday.

A time schedule will be provided to each contractor to allow for social distancing.

FA301621Q0112

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

5 WORKSTATIONS in accordance with (IAW) Attachment 1 - Statement of Objective, dated 15 July 2021 and Attachment 2 - Technical Specifications and Drawings, dated 15 July 2021.

SHIP TO: 2AF TTOC DET1, PRC 1800

TRUEMPER, BLDG 6330 RM 157, JBSA-

LACKLAND, TX 78236

Firm Fixed Price

CIN: 00000000000006840222

1 Lot

PRIVACY WALL OFFICES in accordance with (IAW) Attachment 1 - Statement of Objective, dated 15 July 2021 and Attachment 2 - Technical Specifications and Drawings, dated 15 July 2021.

SHIP TO: 2AF TTOC DET1, PRC 1800

TRUEMPER, BLDG 6330 RM 157, JBSA-

LACKLAND, TX 78236

Firm Fixed Price

CIN: 00000000000006840223

1 Lot

INSTALLATION FEE

Firm Fixed Price

CIN: 00000000000006840224

1 Each

DESIGN FEE

Firm Fixed Price

CIN: 00000000000006840225

1 Each

Description/Specifications/Statement of Work

Requirements Office furniture IAW Attachment 1 - Statement of Objective, dated 15 July 2021 and Attachment 2 - Technical Specifications and Drawings, dated 15 July 2021.

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: SHIP TO: 2AF TTOC DET1, PRC 1800 TRUEMPER, BLDG 6330 RM 157, JBSA-LACKLAND, TX 78236

DoDAAC: F2JT2A Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

2 AF CCAA 2ND AIR FORCE

AF BPN NO MILSBILLS PROCESSES

721 HANGAR RD BLDG 2804 RM 119

KEESLER AFB, MS 39534 2804

UNITED STATES

OfficeCode:

VERONICA KILEY

Telephone: 210-807-2886

0002 Inspection and Acceptance Location Both Destination Instructions: SHIP TO: 2AF TTOC DET1, PRC 1800 TRUEMPER, BLDG 6330 RM 157, JBSA-LACKLAND, TX 78236

DoDAAC: F2JT2A Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

2 AF CCAA 2ND AIR FORCE

AF BPN NO MILSBILLS PROCESSES

721 HANGAR RD BLDG 2804 RM 119

KEESLER AFB, MS 39534 2804

UNITED STATES

OfficeCode:

VERONICA KILEY

Telephone: 210-807-2886

0003 Inspection and Acceptance Location Both Destination Instructions: SHIP TO: 2AF TTOC DET1, PRC 1800 TRUEMPER, BLDG 6330 RM 157, JBSA-LACKLAND, TX 78236

DoDAAC: F2JT2A Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

2 AF CCAA 2ND AIR FORCE

AF BPN NO MILSBILLS PROCESSES

721 HANGAR RD BLDG 2804 RM 119

KEESLER AFB, MS 39534 2804

UNITED STATES

OfficeCode:

VERONICA KILEY

Telephone: 210-807-2886

0004 Inspection and Acceptance Location Both Destination Instructions: SHIP TO: 2AF TTOC DET1, PRC 1800 TRUEMPER, BLDG 6330 RM 157, JBSA-LACKLAND, TX 78236

DoDAAC: F2JT2A Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

2 AF CCAA 2ND AIR FORCE

AF BPN NO MILSBILLS PROCESSES

721 HANGAR RD BLDG 2804 RM 119

KEESLER AFB, MS 39534 2804

UNITED STATES

OfficeCode:

VERONICA KILEY

Telephone: 210-807-2886

Deliveries or Performance

Contractor Destination

Delivery Schedule Ship To Address

Delivery Requested By

30 SEP 2021

1 Lot

Ship To DoDAAC: F2JT2A Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

2 AF CCAA 2ND AIR FORCE

AF BPN NO MILSBILLS

PROCESSES

721 HANGAR RD BLDG 2804 RM

KEESLER AFB, MS 39534 2804

UNITED STATES

OfficeCode:

VERONICA KILEY

Telephone: 210-807-2886

FoB Details

Contractor Destination

Delivery Schedule Ship To Address

Delivery Requested By

30 SEP 2021

1 Lot

Ship To DoDAAC: F2JT2A Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

2 AF CCAA 2ND AIR FORCE

AF BPN NO MILSBILLS

PROCESSES

721 HANGAR RD BLDG 2804 RM

KEESLER AFB, MS 39534 2804

UNITED STATES

OfficeCode:

VERONICA KILEY

Telephone: 210-807-2886

FoB Details

Contractor Destination

Delivery Schedule Ship To Address

Ship To DoDAAC: F2JT2A Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

2 AF CCAA 2ND AIR FORCE

FoB Details

Contractor

Delivery Requested By

30 SEP 2021

1 Each

AF BPN NO MILSBILLS

PROCESSES

721 HANGAR RD BLDG 2804 RM

KEESLER AFB, MS 39534 2804

UNITED STATES

OfficeCode:

VERONICA KILEY

Telephone: 210-807-2886

Delivery Schedule Ship To Address

Delivery Requested By

30 SEP 2021

1 Each

Ship To DoDAAC: F2JT2A Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

2 AF CCAA 2ND AIR FORCE

AF BPN NO MILSBILLS

PROCESSES

721 HANGAR RD BLDG 2804 RM

KEESLER AFB, MS 39534 2804

UNITED STATES

OfficeCode:

VERONICA KILEY

Telephone: 210-807-2886

FoB Details

Contractor

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 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.

COMBO

(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.

GOVERNMENT/GOVERNMENT

(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 FA3016 Admin DoDAAC FA3016 Inspect By DoDAAC Ship To Code

F2JT2A

F2JT2A

Ship From Code Mark For Code

N/A N/A

Service Approver (DoDAAC) F2JT2A Service Acceptor (DoDAAC) F2JT2A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(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.

Sarah Hite | 228-377-1331 | sarah.hite@us.af.mil

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

(End of clause)

Special Contract Requirements

Contract Clauses

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFEROR - COMMERCIAL ITEMS (JUNE 2020)

The following paragraphs have been deleted:

52.212-1(d), Product Samples 52.212-1(e), Multiple offers 52.212-1(h), Multiple Awards 52.212-1(i), Availability of Requirements Documents Cited in the Quote

(a) Paragraph 52.212-1(c), Period for Acceptance of Quotes, is tailored as follows: "The offeror agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes."

(b) The following is inserted as new paragraph (m) of the provision:

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

A. To assure timely and equitable evaluation of quote, offeror must follow the instructions contained herein.

Offerors are required to meet all quote requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Offeror must clearly identify any exception to the quote terms and conditions and provide complete accompanying rationale.

B. Specific Instructions:

1. PRICING DATA - Submit 1 electronic copy

(a) Insert proposed unit price(s) and extended amount(s) in the Schedule of Supplies/Services for each line item.

2. SUBMISSION OF QUOTES

(a) Quotes shall be submitted to the Contract Specialist directly by emailing all required documentation to TSgt Maria Yalung @ maria_christina.yalung.1@us.af.mil and Aisha Adams @ aisha.adams@us.af.mil (End of Provision)

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2 Evaluation - Commercial Items (OCTOBER 2014) The following have been deleted:

(b) Options has been deleted in its entirety (b)(iii) Past Performance has been deleted in its entirety The following have been added or changed

FAR 52.212-2 EVALUATION - COMMERICIAL ITEMS ADDENDUM

Addendum to 52.212-2(a): Paragraph (a) is tailored as follows:

(a) Basis for Award. The Government intends to award one Firm Fixed Price contract for this acquisition.

Award will be made to technically acceptable Offerors who are deemed responsible in accordance with FAR

9.104 and whose quote conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, and all other information required by this quote. Unless specifically identified in your quote, by submission of its quote, the Offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quote being determined ineligible for award. This contract will be awarded as Firm Fixed Price (FFP). It is the Government's intent to evaluate quotes and award without interchanges with Offerors. Therefore, the Offeror's initial quotes should contain the Offeror's best terms from a price, and technical standpoint. However, the Government reserves the right to conduct interchanges if the Contracting Officer (CO) later determines them to be necessary.

1.0 Evaluation Process. The evaluation factor and process to be used is listed below.

1.1 Evaluation Factors. In evaluating quotes, the Government will select the quote that is most advantageous to the Government. To arrive at a decision, only the three lowest quotes will be assessed in accordance with the following evaluation factors for the award: Technical Acceptability Price

1.1.1 Technical Evaluation. Only the three lowest quotes will be evaluated for Technical Acceptability.

(A) Acceptability Ratings. The evaluation factors listed below will be used to evaluate each quote and will receive one of the following ratings

(i) Acceptable - The quote clearly meets the minimum requirements of the quote as listed in the attached Attachment 1 - Statement of Objective, dated 15 July 2021 and Attachment 2 - Technical Specifications and Drawings, dated 15 July 2021.

(ii) Unacceptable - The quote does not clearly meet the minimum requirements of this quote and its attachments.

1.1.2 Price Evaluation. Evaluations will be completed by multiplying the Offeror's unit price by the estimated quantity. An offeror's proposed TEP will be determined by multiplying the estimated quantities identified in the Schedule of Supplies by the quoted unit price for each Line Item Number (CLIN). The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

1.1.2.2 Evaluation of Factors. Offerors are advised that their initial submission should be their best effort. Only technically acceptable quotes, either initially or as a result of interchanges, are eligible for award. If award is made without interchanges, quote revisions will not be permitted. The Government will evaluate the quotes selected above for technical acceptability on an Acceptable/Unacceptable basis. For the technical quote to be rated as "Acceptable", the technical factor must be rated acceptable. If the technical factor is rated "Unacceptable" the overall quote will be rated as "Unacceptable".

(A) Interchanges. Under appropriate circumstances, interchanges can be an effective method to improve the Government's evaluation of Offerors' quoted approaches and may reduce acquisition cycle time. Interchanges may be written, email, phone call, etc., or any method which would accurately capture the contemporaneous sharing of information between the Government and the Offerors. Interchanges may also be oral conversations between the Government and the Offerors.

(B) Factor # 1 - Submit product descriptions for each item being quoted. The offeror shall submit product specifications that match Attachment 1 - Statement of Objective, dated 15 July 2021 and Attachment 2 - Technical Specifications and Drawings, dated 15 July 2021.

The standard has been met when: The offeror provides products that fully conform to the product description requirements specified in Attachment 1 - Statement of Objective, dated 15 July 2021 and Attachment 2 - Technical Specifications and Drawings, dated 15 July 2021.

(End of clause)

ADDENDUM TO 52.212-4

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS (OCT 2018) ADDENDUM

Reference FAR 52.212-4, Paragraph (c) is hereby tailored as follows:

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government.

(End of Clause)

DFARS Clause Incorporated by Full Text

252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY

AGREEMENTS (DEVIATION 2015-O0010) (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause)

252.222-7999 Combating Race and Sex Stereotyping (DEVIATION 2021-O0001)

COMBATING RACE AND SEX STEREOTYPING

(DEVIATION 2021-O0001) (JAN 2021)

Notice: On December 22, 2020, the United States District Court for the Northern District of California issued a preliminary injunction, enjoining Sections 4 and 5 of Executive Order 13950 "Combating Race and Sex Stereotyping." So long as the December 22, 2020 preliminary injunction remains in force, the Government shall not enforce any provisions contained in Government contracts or subcontracts added pursuant to Section 4(a) of Executive Order 13950; the Government shall not cancel, terminate, suspend in whole or in part, any contractor or subcontractors' Government contracts, nor declare any contractor or subcontractor ineligible for further Government contracts, nor impose any other sanctions, on the basis of purported noncompliance with the Executive Order or any agency action implementing Section 4 or 5 of the Executive Order; and the Government will not require contractors or subcontractors to provide notice of any commitments under the Executive Order or any contract term inserted pursuant to the Executive Order to their respective labor unions or employee representatives. To the extent that you have included the Executive Order's provisions in subcontracts, please provide them with a copy of this notice.

(a) Definitions. As used in this clause-- "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

"Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.

O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that-- Attachment 1 Class Deviation 2021-O0001, Revision 1 Combating Race and Sex Stereotyping Changes to the clause text are indicated by a change bar in the right-hand margin.

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual's moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping Employers Holding Federal Contracts or Subcontracts Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that--

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex; Attachment 1 Class Deviation 2021-O0001, Revision 1 Combating Race and Sex Stereotyping Changes to the clause text are indicated by a change bar in the right-hand margin.

(5) An individual's moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

For use in this notice-- "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and "Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O. 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in E.O.

11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

Attachment 1 Class Deviation 2021-O0001, Revision 1 Combating Race and Sex Stereotyping Changes to the clause text are indicated by a change bar in the right-hand margin.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the

United States to enter into the litigation to protect the interests of the United States.

(End of clause)

FAR Clauses Incorporated by Full Text 52.204-26 Covered Telecommunications Equipment or Services-Representation. 2020-10 As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR Clauses Incorporated by Reference 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment. 2020-06 52.223-6 Drug-Free Workplace. 2001-05 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.243-4 Changes. 2007-06 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). 1984-04 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.223-7004 Drug-Free Work Force. 1988-09

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-13 System for Award Management Maintenance. 2018-10 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.232-23 Assignment of Claims. 2014-05 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.233-1 Disputes. 2014-05 52.243-1 Changes-Fixed-Price. 1987-08

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2021-01

252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.225-7974 Deviation 2020- O0005

Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005)

2020-02

252.232-7010 Levies on Contract Payments. 2006-12 252.232-7011 Payments in Support of Emergencies and Contingency Operations. 2013-05 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items. 2020-10

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. 1989-12

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Contracting Officer, Robert De La Rosa, 502 CONS/JBKAEA and shall not be binding until so approved.

(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:

[ ] (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).

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

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

[ ] (4) 52.204-10, 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).

[x] (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]

[x] (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

[x] (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).

[x] (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.

[x] (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).

[x] (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.

[x] (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).

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

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

[x] (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,…

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