Solicitation - FA527024QA002 16JAN24.pdf
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- Solicitation number
- FA527024QA002
About this file
This is a combined synopsis and solicitation for grounds maintenance services at Military Family Housing and Munitions areas in Okinawa, Japan. The services include maintaining improved, semi-improved, and unimproved grounds; pruning shrubs and hedges; and special and initial cuts. The period of performance is one base year starting April 2024 with four one-year option periods. Quotes are due by February 23, 2024. The solicitation incorporates FAR clauses and provisions. A mandatory site visit will be held on January 31, 2024. The Department of the Air Force Pacific Air Forces is the contracting agency.
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FA527024QA002
MFH-MUNS (Military Family Housing - Munitions) Grounds Maintenance Services Okinawa, Japan Combined Synopsis/Solicitation FA527024QA002 (The quote shall remain valid until 30 April 2024)
1. General Information RFQ Document Type Combined Synopsis/Solicitation (IAW FAR 12.603) RFQ Solicitation Number FA527024QA002 Issue/Post Date January 24, 2024 Classification Code S208 – Housekeeping – Landscaping / Groundskeeping Set Aside No set aside North American Industrial Classification System Code
(NAICS)
561730 – Landscaping Services
Size Standard $9.5M
2. Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.
3. This is a Combined Synopsis/Request for Quote for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only Request for Quote (RFQ); quotes are being requested and a written RFQ will not be issued. The RFQ FA527024QA002 is being issued as a Request for Quotation (RFQ) and will be conducted under FAR subpart 13.5.
This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulations (FAR). All responsible sources may submit a quote. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-02, Effective 22 January 2024; DFARS 22 December 2023;
DAFFARS 7 July 2023.
The following commercial provisions and clauses are applicable to this acquisition:
FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023) along with its addenda.
FAR 52.212-2, Evaluation—Commercial Products and Commercial Services (Nov 2021) and its addenda.
FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services (Sep 2023) Alternate I FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Sep 2023)
4. The North American Industry Classification System (NAICS) code is 561730 (Landscaping Services). This requirement will utilize full and open competition and will not provide for any socio-economic set asides. Small business size standards are not applicable to this acquisition.
5. Offerors must be registered in the System for Award Management at (http://www.sam.gov/), to be considered for award. A current copy of a prospective awardee’s Reps and Certs will be validated prior to the issuance of an award.
6. Applicable provisions and clauses are included in full text or incorporated by reference in this combined synopsis /solicitation;
please see below.
7. For information regarding the service acceptor or point of acceptance, please refer to DFARS 252.232-7006 (incorporated by full text) below.
8. This notice is a request for competitive quotations. Therefore, all quotations received prior to the RFQ close date will be considered.
http://www.sam.gov/)
9. Please respond to this RFQ by emailing response to: Miyoko Hokama at miyoko.hokama.jp@us.af.mil / 098-938-1111ext.
DSN: 634-3541, and SSgt Landon Heller at landon.heller@us.af.mil / ext. DSN: 634-5511 no later than 10:00 AM, Japan Standard Time (JST), February 23, 2024. Amendments issued in reference to this requirement will be transmitted using the same medium as the solicitation. Offerors are cautioned that Kadena Air Base, Okinawa, Japan has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING OFFERS. Offerors should allow sufficient time to obtain a visitor pass and arrive at 18 Contracting Squadron / PKA Bldg. 99 to the time specified for receipt.
10. Vendor Information
Please fill in your information below.
Company Name:
Address:
Point of Contact:
Phone Number:
Email Address:
Unique Entity ID Number:
Cage Code:
Discount Terms:
Tax ID Number:
Quote Date:
mailto:miyoko.hokama.jp@us.af.mil mailto:miyoko.hokama.jp@us.af.mil
Supplies or Services & Prices or Costs
Additional Information/Notes FY24 Budget Exchange Rate $ 1 = JPY 139.1635. Please insert prices in JPY and whole numbers only. Please provide your quote below.
Below Description of Military Family Housing (MFH) Area CLINs
Item
Supplies/Service
Qty
Unit
Unit Price
Amount
Transition/Phase-In-Period IAW PWS 4.13.2
JOB
Not Separately Priced
(NSP)
MFH Maintain Improved Grounds 120.33 Hectare/Month (1 April through 30 September) Growing Season
IAW PWS 1.1
Product Service Code: S208 Pricing Arrangement: Firm Fixed Price
721.98
Hectare
(1 October through 31 March) Non-Growing Season
IAW PWS 1.1
MFH Prune Shrubs/Hedges
IAW PWS 1.1.5
Job
MFH Maintain Semi-Improved Grounds 21.25 Hectare/Month
IAW PWS 1.2
127.50
MFH Maintain Semi-Improved Grounds. 21.25 Hectare/Month
IAW PWS 1.2
MFH Maintain Un-Improved Grounds
IAW PWS 1.3
MFH Special Cuts
IAW PWS 1.6.2
MFH Initial Cuts
IAW PWS 1.6.3
MFH Maintenance of Building 4200
IAW PWS 1.7
Months
Option Line
IAW PWS 1.1
IAW PWS 1.1
IAW PWS 1.2
IAW PWS 1.2
IAW PWS 1.1
IAW PWS 1.1
IAW PWS 1.2
IAW PWS 1.2
MFH Maintain Un-Improved
Grounds IAW PWS 1.3
IAW PWS 1.1
IAW PWS 1.1
IAW PWS 1.2
IAW PWS 1.2
MFH Maintain Un-Improved
Grounds IAW PWS 1.3
IAW PWS 1.1
IAW PWS 1.1
IAW PWS 1.2
IAW PWS 1.2
Item
MFH Maintenance of Building 4200
IAW PWS 1.7
Line Item
Transition/Phase-Out-Period IAW
PWS 4.13.2
Below Description of Munitions (MUNS) Area CLINs
Transition/Phase-In-Period IAW PWS 4.13.2
(NSP)
Not Separately
MUNS Maintain Improved Grounds 8.676 Hectare/Month (1 April through 30 September) Growing Season
IAW PWS 1.1
52.06
0003 MUNS Maintain Improved Grounds 8.676 Hectare/Month
IAW PWS 1.1
MUNS Prune Shrubs/Hedges
IAW PWS 1.1.5
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month (1 April through 30 September) ) Growing Season
IAW PWS 1.2
1323.65
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month
(1 October through 31 March) Non-Growing Season
IAW PWS 1.2
MUNS Special Cuts
IAW PWS 1.6.2
MUNS Initial Cuts
IAW PWS 1.6.3
Item
MUNS Maintain Improved Grounds 8.676 Hectare/Month (1 April through 30 September) Growing Season
IAW PWS 1.1
Item
MUNS Maintain Improved Grounds 8.676 Hectare/Month (1 October through 31 March) Non-Growing Season
IAW PWS 1.1
Item
MUNS Prune Shrubs/Hedges
IAW PWS 1.1.5
Item
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month (1 April through 30 September) IAW PWS 1.2 ) Growing Season
Item
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month (1 October through 31 March) Non-Growing Season
IAW PWS 1.2
Item
MUNS Special Cuts
IAW PWS 1.6.2
Item
MUNS Initial Cuts
IAW PWS 1.6.3
Item
MUNS Maintain Improved Grounds 8.676 Hectare/Month (1 April through 30 September) ) Growing Season
IAW PWS 1.1
Item
MUNS Maintain Improved Grounds 8.676 Hectare/Month (1 October through 31 March) Non-Growing Season
IAW PWS 1.1
Item
MUNS Prune Shrubs/Hedges
IAW PWS 1.1.5
Item
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month (1 April through 30 September) Growing Season
IAW PWS 1.2
Item
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month (1 October through 31 March) Non-Growing Season
IAW PWS 1.2
Item
MUNS Special Cuts
IAW PWS 1.6.2
Item
MUNS Initial Cuts
IAW PWS 1.6.3
Item
MUNS Maintain Improved Grounds 8.676 Hectare/Month (1 April through 30 September) Growing Season
IAW PWS 1.1
Item
MUNS Maintain Improved Grounds 8.676 Hectare/Month (1 October through 31 March) Non-Growing Season
IAW PWS 1.1
Item
MUNS Prune Shrubs/Hedges
IAW PWS 1.1.5
Item
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month (1 April through 30 September) Growing Season
IAW PWS 1.2
Item
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month (1 October through 31 March) Non-Growing Season
IAW PWS 1.2
Item
MUNS Special Cuts
IAW PWS 1.6.2
Item
MUNS Initial Cuts
IAW PWS 1.6.3
Item
MUNS Maintain Improved Grounds 8.676 Hectare/Month (1 April through 30 September) Growing Season
IAW PWS 1.1
Item
MUNS Maintain Improved Grounds 8.676 Hectare/Month (1 October through 31 March) Non-Growing Season
IAW PWS 1.1
Item
MUNS Prune Shrubs/Hedges
IAW PWS 1.1.5
Item
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month (1 April through 30 September) Growing Season
IAW PWS 1.2
Item
MUNS Maintain Semi-Improved Grounds 220.607 Hectare/Month (1 October through 31 March) Non-Growing Season
IAW PWS 1.2
Item
MUNS Special Cuts
IAW PWS 1.6.2
Item
MUNS Initial Cuts
IAW PWS 1.6.3
Transition/Phase-Out-Period IAW PWS 4.13.2
RATE (PERCENTAGE): (Offeror insert)
NAME OF TAX: (Offeror insert)
DFARS Clauses Incorporated by Full Text
252.229-7001 Tax Relief. Apr 2020
Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause:
TAX RELIEF-BASIC (APR 2020)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:
(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.
(End of clause)
NOTE:
List below the customs duties or taxes which have been excluded from your quotation as required by the Taxes Clause. Contractor must claim all customs and tax exemptions to which the U.S. Government is entitled under Status of Forces Agreement (SOFA) Article XI, XII.
Type of Commodity and Amount of Duty or Tax Percentage of Tax Excluded in Yen Customs Duties
Gasoline tax and local road tax on gasoline Diesel oil tax Liquefied petroleum tax
Consumption tax
Description/Specifications/Statement of Work
Requirements This requirement is in support of 18 Civil Engineering Squadron at Kadena AB, Okinawa, Japan to provide grounds maintenance services for Military Family Housing (MFH) and Munitions MUNS areas in Okinawa, Japan.
Inspection and Acceptance
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012
Overall Contract Inspection/Acceptance Locations through Option Line Item 4009
MFH Inspection and Acceptance Location Both Destination Instructions: Please contact COR for further instructions.
DoDAAC: F2H3A2 Country Code: USA
F2H3A2 18 CES
AF NO MILSBILLS PROC CP
UNIT 5132
APO
AP 96368-5132
UNITED STATES
Higa Toru Email: toru.higa.1.jp@us.af.mil Telephone: 634-8813 through Option Line Item 4007
MUNS Inspection and Acceptance Location Both Destination Instructions: Please contact COR for further instructions.
DoDAAC: F2H3A2 CountryCode: USA
F2H3A2 18 CES
AF NO MILSBILLS PROC CP
UNIT 5132
APO
AP 96368-5132 UNITED STATES
Higa Toru Email: toru.higa.1.jp@us.af.mil Telephone: 634-8813 mailto:toru.higa.1.jp@us.af.mil
Deliveries or Performance
Line Item Delivery Schedule QTY Address and POC Special Handling/Notes
MFH 0001 From Date of Award to the start date of POP.
1 Higa Toru Email:
toru.higa.1.jp@us.af.mil
0002 through 0010
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2024
Destination
To
31 Mar 2025
Option Line Item 1001 through 1009
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2025
Destination
31 Mar 2026
2001 through 2009
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2026
Destination
31 Mar 2027
3001 through 3009
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2027
Destination
31 Mar 2028
4001 through 4009
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2028
Destination
To
31 Mar 2029
Option Line Item
15 days after the end of period of performance
Higa Toru Email:
Line Item Delivery Schedule QTY Address and POC Special Handling/Notes
MUNS 0001 From Date of Award to the start date of POP.
1 Higa Toru Email:
0002 through 0008
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2024
Destination
31 Mar 2025
1001 through 1007
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2025
Destination
31 Mar 2026
2001 through 2007
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2026
Destination
To
31 Mar 2027 mailto:toru.higa.1.jp@us.af.mil
3001 through 3007
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2027
Destination
31 Mar 2028
4001 through 4007
Period of Performance See Price Schedule for the pertaining CLINs
FoB Details From 01 Apr 2028
Destination
31 Mar 2029
15 days after the end of period of performance
1 Higa Toru
Email:
Contract Administration Data
252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7006 Billing Instructions-Cost Vouchers. May 2023 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.245-7002 Reporting Loss of Government Property. Jan 2021 252.245-7003 Contractor Property Management System Administration. Apr 2012 252.245-7004 Reporting, Reutilization, and Disposal. Dec 2017
252.232-7006 Wide Area Work Flow Payment Instructions. JAN 2023
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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.
N/A
(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.
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
FA5270
Admin DoDAAC
FA5270
Inspect By DoDAAC
F2H3A2
Service Approver (DoDAAC)
F2H3A2
(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.
The appointed Contract Specialist
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
252.232-7007 Limitation of Government's Obligation. Apr 2014
As prescribed in 232.706-70, use the following clause:
LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting
Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled
"Termination for Convenience of the Government."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C.
1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract
$ TBD
(month) (day), (year)
(month) (day), (year)
Contract Clauses FAR Clauses Incorporated by Reference
52.203-2 Certificate of Independent Price Determination. Apr 1985 52.203-3 Gratuities. Apr 1984 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.212-4 52.222-29
Contract Terms and Conditions-Commercial Products and Commercial Services.
Notification of Visa Denial
Dec 2022 Apr 2015
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
Sep 2013
52.223-3 Hazardous Material Identification and Material Safety Data. Feb 2021 52.223-10 52.223-17
Waste Reduction Program Affirmative Procurement of EPA-designated Items in Service and Construction Contracts
May 2011 Aug 2018
52.225-14 Inconsistency between English Version and Translation of Contract. Feb 2000 52.225-17 Evaluation of Foreign Currency Offers. Feb 2000 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or
Transactions Relating to Iran – Representations and Certifications.
Jun 2020
52.228-3 Workers’ Compensation Insurance (Defense Base Act). Jul 2014 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas. Apr 1984 52.228-5 Insurance-Work on a Government Installation. Jan 1997
52.229-6 Taxes-Foreign Fixed-Price Contracts. Feb 2013 52.232-18 Availability of Funds. Apr 1984 52.232-19 Availability of Funds for the Next Fiscal Year Apr 1984
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.245-1 Government Property Sep 2021 52.245-2 Government Property Installation Operation Services. Apr 2012 52.245-9 Use and Charges. Apr 2012
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7000 252.204-7009
Disclosure of Information.
Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information
Oct 2016 Jan 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation. Dec 2019 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation.
May 2021
252 204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment Jan 2023 or Services.
252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements. Mar 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Jan 2023 252.204-7022 Expediting Contract Closeout. May 2021 252.204-7024 Notice on the use of the Supplier Performance Risk System Mar 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023 252.211-7007 Reporting of Government-Furnished Property Mar 2022 252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.223-7001 Hazard Warning Labels. Dec 1991 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.223-7998 Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluooctanoic Acid (Deviation 2022-O0010).
Apr 2023
252.225-7041 Correspondence in English. Jun 1997 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015 252.225-7048 Export of Controlled Items. Jun 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. Jan 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7058 Post award Disclosure of Employment of Individuals Who Work in the People's Jan 2023
Republic of China.
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region– Jun 2023
Certification.
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems May 2020
(Deviation 2020-O0015)
252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-O0019) Aug 2018 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and | Jan 2023
Native Hawaiian Small Business Concerns
252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements Oct 2022
252.232-7010 Levies on Contract Payments. Dec 2006
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration. Jan 2023
252.233-7001 Choice of Law (Overseas). Jun 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023
252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.243-7999 (Dev) Section 3610 Reimbursement (Deviation 2020-O0021) Aug 2020 252.244-7000 Subcontracts for Commercial Items. Jan 2023 252.245-7001 Tagging, Labeling, and Marking of Government -Furnished Property Apr 2012 252.245-7002 Reporting Loss of Government Property Jan 2021 252.245-7003 Contractor Property Management System Administration Apr 2012 252.245-7004 Reporting, Reutilization, and Disposal Dec 2017 252.247-7022 Representation of Extent of Transportation by Sea. Jun 2019 252.247-7023 Transportation of Supplies by Sea Jan 2023
FAR Clauses Incorporated by Full Text
Addendum to 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services Nov 2021
Paragraph (k) is supplemented as follows.
TAX EXEMPTION CERTIFICATE
The contractor will submit requests for gasoline or diesel oil tax exemption certificates to the Contracting Officer. This request will show the actual amount of gasoline or diesel oil used exclusively for the performance of this contract, with documentary evidence and detailed item breakdown to certify the accurate consumption of gasoline or diesel, or other necessary information and data as may be required. The Contracting Officer will issue to the contractor a Tax and customs exemptions as listed below;
EXEMPTION FROM JAPANESE CUSTOMS DUTIES AND TAXES PURSUANT TO STATUS OF FORCES AGREEMENT (AUG 2001)
(a) Paragraph 2, Article XI of the Status of Forces Agreement between Japan and the United States, authorizes the United States entry into Japan free from Japanese customs duties and all other charges on materials, supplies and equipment imported for the official use of the United States Armed Forces or for the exclusive use of such forces or ultimately to be incorporated into articles or facilities used by such forces.
(b) Paragraph 3, Article XII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between the US and Japan (hereinafter: US-Japan SOFA), provides the basis whereby the US armed forces (either appropriated-fund organizations or purchases made by "authorized procurement agencies" for appropriated-fund organizations or nonappropriated-fund instrumentalities) obtain exemption from Japanese taxes in connection with procurement in Japan of materials, supplies, equipment and services for official purposes. In accordance with the provisions of paragraphs 1 and 2, Article XV of the US-Japan SOFA, Article XV organizations are exempt from taxation on all such purchases other than purchases of supplies and merchandise purchased in Japan. Also, Article 86-2 of the Act on Special Measures concerning Taxation states that BX and PX are exempt from the consumption tax when purchasing merchandise (including consumable items) from vendors in Japan for the purpose of export by the SOFA personnel, which is the same procedure as the Tax Free Shop in town for international travelers. Currently, these taxes are: (1) Gasoline tax and local road tax on gasoline; (2) Diesel oil tax; (3) Liquefied petroleum tax, and (4) consumption tax.
(c) If you are the successful offeror, the Contracting Officer or his authorized representative will issue customs or tax exemption taxes in accordance with procedures agreed upon between the Government of Japan and the United States of America. Tax exemption certificates for either at the end of each month or upon termination of the contract. These can be applied against future purchases of motor fuel. They will be issued only to you as the prime contractor, so, if you employ a subcontractor or supplier who uses motor fuel, you must purchase the motor fuel to secure the exemption.
The following is added to FAR 52.212-4 paragraph (w) is added to read:
CONCILIATION
Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States-Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor for conciliation shall be made in accordance with the following procedures:
(a) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with the clause of this contract entitled "Disputes", and within the time limits described therein before filing a request for conciliation with the Joint Committee and then request the appellate authority under the clause of this contract entitled "Disputes", to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.
(b) The request for conciliation shall be submitted by the Contractor through the nearest Defense Facilities Administration Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor shall immediately notify the Contracting Officer in writing that the request for conciliation has been filed.
(c) In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the Contractor to notify the appellate authority designated in the clause of this contract entitled "Disputes", of the settlement of the dispute and to withdraw his appeal.
(d) In the event the Contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires, notwithstanding pendency of his request for conciliation, that action by the appropriate authority under the clause of this contract entitled "Disputes", be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the Contractor of his action taken hereunder.
(e) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled "Disputes", has been rendered. Pending the hearing of the conciliation panel, the Contractor shall proceed diligently with the performance of the contract in accordance with the Contracting Officer's decision. The provisions of this clause shall not prejudice any right which the parties to the contract may have to file a civil suit.
(End of Addendum)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services DEC 2023
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Sep 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a)
X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
_ (6) Reserved __(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C)._
(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
___(10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi- Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
__ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204–30.
__(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
(14) [Reserved].
(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390
(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
(17) [Reserved]
(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-6.
(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-7.
(20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).
(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 (Sep 2023) of 52.219-9.
(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
(ii) Alternate I (Mar 2020) of 52.219-13.
(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
(25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).
(ii) Alternate I (Mar 2020) of 52.219-28.
(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023)
_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(ii) Alternate I (Feb 1999) of 52.222-26.
(35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ii) Alternate I (Jul 2014) of 52.222-35.
(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(ii) Alternate I (Jul 2014) of 52.222-36.
(37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(44) (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.
(45) (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.
(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
(47) (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_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
(49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(50) 52.223-21, Foams (Jun2016) (E.O. 13693).
(51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
(ii) Alternate I (Oct 2022) of 52.225-1.
(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I [Reserved].
(iii) Alternate II (Nov 2023) of 52.225-3.
(iv) Alternate III (Jan 2021) of 52.225-3.
(v) Alternate IV (Oct 2022) of 52.225-3.
(54) 52.225-5, Trade Agreements (Nov 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
_X_ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
(64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
(65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
(67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
(1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. 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 for Contractor Workers Under Executive Order 14026 (Jan 2022).
(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(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)…
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