Solicitation - FA568220Q0015.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA568220Q0015

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

PRICE SCHEDULE

Item Supplies/Service Quantity Unit Unit Price Amount

BASIC CONTRACT TERM - AVIANO

AIR BASE - HOODS & DUCTS

CLEANING SERVICES AREA F AND 1

- The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

Product Service Code: S299 Firm Fixed Price

CIN: 00000000000005411685

65.0 Each

BASIC CONTRACT TERM - GHEDI

AIR BASE - HOODS & DUCTS

CLEANING SERVICES - The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

Product Service Code: S299 Firm Fixed Price

CIN: 00000000000005411686

3.0 Each

Option Line Item

OPTION YEAR ONE - AVIANO AIR

BASE - HOODS & DUCTS CLEANING

SERVICES AREA F AND 1 - The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

Product Service Code: S299 Firm Fixed Price

65.0 Each

Option

OPTION YEAR ONE - GHEDI AIR

BASE- HOODS & DUCTS CLEANING

SERVICES - The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any

Line Item other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

Product Service Code: S299 Firm Fixed Price

3.0 Each

Option Line Item

OPTION YEAR TWO - AVIANO AIR

BASE - HOOD & DUCT EXHAUST

SYSTEMS CLEANING AREA F AND 1

The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

Product Service Code: S299 Firm Fixed Price

65.0 Each

Option Line Item

OPTION YEAR TWO HOOD - GHEDI

AIR BASE - HOODS & DUCTS

CLEANING SERVICES - The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

Product Service Code: S299 Firm Fixed Price

3.0 Each

Option Line Item

OPTION YEAR THREE - AVIANO AIR

BASE - HOODS & DUCTS CLEANING

SERVICES AREA F AND 1 - The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

Product Service Code: S299 Firm Fixed Price

65.0 Each

Option Line Item

OPTION YEAR THREE - GHEDI AIR

BASE - HOODS & DUCTS CLEANING

SERVICES - The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

3.0 Each

Product Service Code: S299 Firm Fixed Price

Option Line Item

OPTION YEAR FOUR - AVIANO AIR

BASE - HOODS & DUCTS CLEANING

SERVICES AREA F AND 1 - The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

Product Service Code: S299 Firm Fixed Price

65.0 Each

Option Line Item

OPTION YEAR FOUR - GHEDI AIR

BASE - HOODS & DUCTS CLEANING

SERVICES - The Contractor shall provide all management, supervision, tools, supplies, equipment, vehicles, qualified personnel, non personal services and any other items necessary to perform cleaning services including unscheduled cleaning services in accordance with the Performance Work Statement for Hoods and Ducts Cleaning Services, Aviano and Ghedi Air Base, Italy. Dated 23 June 2020.

Product Service Code: S299 Firm Fixed Price

3.0 Each

DFARS Clauses Incorporated by Full Text

252.229-7001 Tax Relief. 2014-09

Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause:

TAX RELIEF-BASIC (SEP 2014)

(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:

NAME OF TAX: ________(Offeror insert) RATE (PERCENTAGE): ________%(Offeror insert)

(b) 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)

Description/Specifications/Statement of Work

Requirements

HOODS AND DUCTS EXHAUST SYSTEM CLEANING SERVICES AVIANO AND GHEDI AIR BASES,

ITALY.

Packaging and Marking

Page Intentionally Left Blank

Inspection and Acceptance

FAR Clauses Incorporated by Reference

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

DFARS Clauses Incorporated by Full Text

252.229-7003 Tax Exemptions (Italy). 2012-03

As prescribed in 229.402-70(c)(1), use the following clause:

TAX EXEMPTIONS ( ITALY ) (MAR 2012)

(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.

(b) The United States Government is exempt from payment of ( ) tax in accordance with Article 72 of the Imposta Valore Aggiunto IVA IVA implementing decree on all supplies and services sold to United States Military Commands in Italy .

(1) The Contractor shall include the following information on invoices submitted to the United States Government:

( ) The contract number.i

(ii) The tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972 . IVA

(iii) The following fiscal code(s): .91000190933

(2)( ) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:i

"I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the tax, because this transaction is IVA not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972 ."

An authorized United States Government official will sign the copy of the invoice containing this certification.

(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the tax.IVA

(iii) The Contractor shall retain the certified copy to substantiate non-payment of the tax. IVA

(3) The Contractor may address questions regarding the tax to the Ministry of Finance, Office, Rome (06) 520741. IVA IVA

(c) In addition to the tax, purchases by the United States Forces in Italy are exempt from the following taxes: IVA

(1) (Production Tax for Petroleum Products). Imposta di Fabbricazione

(2) (Consumption Tax for Electrical Power). Imposta di Consumo

(3) (Customs Duties). Dazi Doganali

(4) e Merci per Via e per Via (Port Fees). Tassa di Sbarco d'Imbarco sulle Transportate Aerea Maritima

(5) de (Vehicle Circulation Tax). Tassa Circolazione sui Veicoli

(6) (Registration Tax). Imposta di Registro

(7) (Stamp Tax). Imposta di Bollo

0001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Telephone: 00390434301703 Email:

0002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Email:

Telephone: 00390434301703

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Telephone: 00390434301703 Email:

Option Line Item 1002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Telephone: 00390434301703 Email:

Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Telephone: 00390434301703 Email:

Option Line Item 2002

Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Telephone: 00390434301703 Email:

Option Line Item 3001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Telephone: 00390434301703 Email:

Option Line Item 3002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Telephone: 00390434301703 Email:

Option Line Item 4001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Telephone: 00390434301703 Email:

Option Line Item 4002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F1F3B1 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

31 CES CEOE

AF BPN NO MILSBILLS

PROCESSES

UNIT 6110 BOX 14

, APO AE 09604 3014

United States

OfficeCode:

BASSO LUCA DENNIS

Telephone: 00390434301703 Email:

Deliveries or Performance

Contractor Destination

Delivery Schedule

Period of Performance From

01 SEP 2020

To

31 AUG 2021

Delivery Schedule

Period of Performance From

01 SEP 2020

To

31 AUG 2021

Option Line Item 1001 Delivery Schedule

Period of Performance From

01 SEP 2021

To

31 AUG 2022

Option Line Item 1002 Delivery Schedule

Period of Performance From

01 SEP 2021

To

31 AUG 2022

Option Line Item 2001 Delivery Schedule

Period of Performance From

01 SEP 2022

To

31 AUG 2023

Option Line Item 2002 Delivery Schedule

Period of Performance From

01 SEP 2022

To

31 AUG 2023

Option Line Item 3001 Delivery Schedule

Period of Performance From

01 SEP 2023

To

31 AUG 2024

Option Line Item 3002 Delivery Schedule

Period of Performance From

01 SEP 2023

To

31 AUG 2024

Option Line Item 4001 Delivery Schedule

Period of Performance From

01 SEP 2024

To

31 AUG 2025

Option Line Item 4002 Delivery Schedule

Period of Performance From

01 SEP 2024

To

31 AUG 2025

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7008 Assignment of Claims (Overseas). 1997-06

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) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

(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.

INVOICE AND RECEIVING REPORT (COMBO)

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

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

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

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 FA5682

Admin DoDAAC FA5682

Inspect By DoDAAC F1F3B1

Ship To Code F1F3B1

Ship From Code NOT APPLICABLE

Mark For Code NOT APPLICABLE

Service Approver (DoDAAC) F1F3B1

Service Acceptor (DoDAAC) F1F3B1

Accept at Other DoDAAC NOT APPLICABLE

LPO DoDAAC NOT APPLICABLE

DCAA Auditor DoDAAC NOT APPLICABLE

Other DoDAAC(s) NOT APPLICABLE

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

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

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

giuseppa.de_pascalis.it@us.af.mil< >melissa.maurhart.it@us.af.mil<>lorenzo.luechtefeld.1@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

Special Contract Requirements

Contract Clauses

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using Exchange Rate 0.8587 in effect as follows:

(a)For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b)For acquisitions conducted using negotiation procedures-

(1)On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2)On the date specified for receipt of proposal revisions.

(End of provision)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-3 Gratuities. 1984-04

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2007-09

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10

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

2014-04

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.223-10 Waste Reduction Program. 2011-05 52.232-1 Payments. 1984-04 52.232-8 Discounts for Prompt Payment. 2002-02 52.232-17 Interest. 2014-05 52.232-18 Availability of Funds. 1984-04 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04 52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

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

2019-05

252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7041 Correspondence in English. 1997-06 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. 2015-06 252.225-7048 Export-Controlled Items. 2013-06

252.229-7012 Tax Exemptions (Italy)-Representation. 2012-03 252.232-7010 Levies on Contract Payments. 2006-12 252.233-7001 Choice of Law (Overseas). 1997-06 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items 2013-06

FAR Clauses Incorporated by Full Text

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

2019-08

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

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2019)

As used in this clause-(a) Definitions.

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

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

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

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

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

means-Critical technology

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

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

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

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

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

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

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

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

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

Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (b) Prohibition.

prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

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

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

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

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

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

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

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

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

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

The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual (e) Subcontracts.

instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02

As prescribed in (d), insert the following provision:9.104-7

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), (a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is (2) aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

The Offeror represents that-(b)

It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative (1) remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(2)

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-

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

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(MAR 2020)

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, (1) 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)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities ( 2018) (Section 1634 of Pub. L. 115-91).Jul

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ( 2019) (3) Aug (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

52.233-4, Applicable Law for Breach of Contract Claim ( (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(6) Oct 2004)

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

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government ( 2006), with Alternate I ( 1995) (41 U.S.C. 4704 and 10 U.S. X (1) Sept Oct

C. 2402).

52.203-13, Contractor Code of Business Ethics and Conduct ( 2015) (41 U.S.C. 3509)). ____ (2) Oct

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 ( 2010) (Section 1553 of ____ (3) June

Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards ( 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). X (4) Oct

[Reserved]. ____ (5)

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

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

Div. C).

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

Debarment. ( 2015) (31 U.S.C. 6101 note).Oct

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

[Reserved]. ____ (10)

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( 2011) (15 U.S.C.657a).(i) Nov

Alternate I ( 2011) of 52.219-3. ____ (ii) Nov

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( 2014) (if the offeror elects to (i) Oct waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

Alternate I ( 2011) of 52.219-4. ____ (ii) Jan

[Reserved] ____ (13)

____ (14) 52.219-6, Notice of Total Small Business Set-Aside ( 2011) (15 U.S.C.644).(i) Nov

Alternate I ( 2011). ____ (ii) Nov

Alternate II ( 2011). ____ (iii) Nov

____ (15) 52.219-7, Notice of Partial Small Business Set-Aside ( 2003) (15 U.S.C. 644).(i) June

Alternate I ( 1995) of 52.219-7. ____ (ii) Oct

Alternate II ( 2004) of 52.219-7. ____ (iii) Mar

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

____ (17) 52.219-9, Small Business Subcontracting Plan ( 2018) (15 U.S.C. 637(d)(4))(i) Aug

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

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

Alternate III ( 2016) of 52.219-9. ____ (iv) Nov

Alternate IV (Aug 2018) of 52.219-9 ____ (v)

52.219-13, Notice of Set-Aside of Orders ( 2011) (15 U.S.C. 644(r)). ____ (18) Nov

52.219-14, Limitations on Subcontracting ( 2017) (15 U.S.C.637(a)(14)). ____ (19) Jan

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

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( (15 U.S.C. 657f). ____ (21) Oct 2019)

52.219-28, Post Award Small Business Program Rerepresentation ( 2013) (15 U.S.C. 632(a)(2)). ____ (22) Jul

52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business ____ (23)

Concerns ( 2015) (15 U.S.C. 637(m)).Dec

52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- ____ (24)

Owned Small Business Program ( 2015) (15 U.S.C. 637(m)).Dec

52.222-3, Convict Labor ( 2003) (E.O.11755). ____ (25) June

(E.O.13126). ____ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

52.222-21, Prohibition of Segregated Facilities ( 2015). X (27) Apr

X (28) 52.222-26, Equal Opportunity ( 2016) (E.O.11246).(i) Sept

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

____ (29) 52.222-35, Equal Opportunity for Veterans ( 2015) (38 U.S.C. 4212).(i) Oct

Alternate I ( 2014) of 52.222-35. ____ (ii) July

____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities ( 2014) (29 U.S.C.793).(i) Jul

Alternate I (July 2014) of 52.222-36. ____ (ii)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212). ____ (31) Feb 2016

52.222-40, Notification of Employee Rights Under the National Labor Relations Act ( 2010) (E.O. 13496). ____ (32) Dec

X (33) 52.222-50, Combating Trafficking in Persons ( 2019) (22 U.S.C. chapter 78 and E.O. 13627).(i) Jan

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

52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (Not applicable to the acquisition of ____ (34) Oct 2015 commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items ( 2008) (42 U.S.C. 6962(c)(3)(i) May

(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons ( 2016) (E.O. 13693). ____ (36) Jun

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners ( 2016) (E.O. 13693). ____ (37) Jun

____ (38) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment ( ) (E.O.s 13423 and 13514).(i) Jun 2014

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

____ (39) 52.223-14, Acquisition of EPEAT?-Registered Televisions ( ) (E.O.s 13423 and 13514).(i) Jun 2014

Alternate I ( 2014) of 52.223-14. ____ (ii) Jun

52.223-15, Energy Efficiency in Energy-Consuming Products ( ) (42 U.S.C. 8259b). ____ (40) Dec 2007

____ (41) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products ( ) (E.O.s 13423 and 13514).(i) Oct 2015

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

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( ) (E.O. 13513). X (42) Aug 2011

52.223-20, Aerosols ( 2016) (E.O. 13693). ____ (43) Jun

52.223-21, Foams ( 2016) (E.O. 13693). ____ (44) Jun

____ (45) 52.224-3 Privacy Training ( 2017) (5 U.S.C. 552 a).(i) Jan

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

52.225-1, Buy American-Supplies ( 2014) (41 U.S.C. chapter 83). ____ (46) May

____ (47) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act ( 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.(i) May

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.

Alternate I ( 2014) of 52.225-3. ____ (ii) May

Alternate II ( 2014) of 52.225-3. ____ (iii) May

Alternate III ( 2014) of 52.225-3. ____ (iv) May

( ) (19 U.S.C. 2501, ., 19 U.S.C. 3301 note). ____ (48) 52.225-5, Trade Agreements Oct 2019 et seq

52.225-13, Restrictions on Certain Foreign Purchases ( 2008) (E.O.'s, proclamations, and statutes administered by the Office of X (49) June

Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States ( 2016) (Section 862, as amended, of ____ (50) Oct the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside ( 2007) (42 U.S.C. 5150). ____ (51) Nov

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area ( 2007) (42 U.S.C. 5150). ____ (52) Nov

52.232-29, Terms for Financing of Purchases of Commercial Items ( 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (53) Feb

52.232-30, Installment Payments for Commercial Items ( 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (54) Jan

52.232-33, Payment by Electronic Funds Transfer-System for Award Management ( 2018) (31 U.S.C. 3332). X (55) Oct

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management ( 2013) (31 U.S.C.3332). ____ (56) Jul

52.232-36, Payment by Third Party ( 2014) (31 U.S.C.3332). ____ (57) May

52.239-1, Privacy or Security Safeguards ( 1996) (5 U.S.C. 552a). ____ (58) Aug

52.242-5, Payments to Small Business Subcontractors ( 2017) ____ (59) Jan (15 U.S.C. 637(d)(13)).

____ (60) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels ( 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.(i) Feb

C. 2631).

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

Alternate II ( 2006) of 52.247-64. ____ (iii) Feb

The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) 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.

52.222-17, Nondisplacement of Qualified Workers ( 2014)(E.O. 13495). ____ (1) May

52.222-41, Service Contract Labor Standards ( 2018) (41 U.S.C. chapter 67). ____ (2) Aug

52.222-42, Statement of Equivalent Rates for Federal Hires ( 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ____ (3) May

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) ( ____ (4)

2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).Aug

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment ( 2014) (29 U.S.C. 206 and 41 U. ____ (5) May

S.C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or ____ (6)

Repair of Certain Equipment-Requirements ( 2014) (41 U.S.C. chapter 67).May

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements ( ____ (7)

2014) (41 U.S.C. chapter 67).May

52.222-55, Minimum Wages Under Executive Order 13658 ( 2015). ____ (8) Dec

52.222-62, Paid Sick Leave Under Executive Order 13706 ( 2017) (E.O. 13706). ____ (9) Jan

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations ( 2014) (42 U.S.C. 1792). ____ (10) May

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

The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right (1) to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) 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.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) 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) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) 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-

52.203-13, Contractor Code of Business Ethics and Conduct ( 2015) (41 U.S.C. 3509).(i) Oct

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.219-8, of Small Business Concerns ( 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further (v) Utilization Oct subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-17, of Qualified Workers ( 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) (vi) Nondisplacement May of FAR clause 52.222-17.

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

52.222-26, Opportunity ( 2015) (E.O.11246).(viii) Equal Sept

52.222-35, Opportunity for Veterans ( 2015) (38 U.S.C.4212).(ix) Equal Oct

52.222-36, Opportunity for Workers with Disabilities ( 2014) (29 U.S.C.793).(x) Equal Jul

52.222-37, Reports on Veterans ( 2016) (38 U.S.C.4212)(xi) Employment Feb

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

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

(xiv) 52.222-50, Trafficking in Persons ( 2019) (22 U.S.C. chapter 78 and E.O 13627).(A) Combating Jan

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

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

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

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

52.222-55, Wages Under Executive Order 13658 ( 2015).(xviii) Minimum Dec

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

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

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

52.225-26, Performing Private Security Functions Outside the United States ( 2016) (Section 862, as amended, of (xxi) Contractors Oct the National Defense Authorization Act for Fiscal Year…