SOLICITATION FOR NON-LITIGATION LEGAL SERVICES IN GUINEAN LABOR LAW AND IMMIGRATION LAW.pdf
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- 19GV1026Q0014
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Text version
U.S. Embassy Conakry
June 10, 2026
Dear Prospective Offeror:
Subject: Request for Quotations number 19GV1026Q0014
Enclosed is a Request for Quotations (RFQ) for non-litigation legal services in the areas of Guinean labor law and Guinean immigration law. The resulting contract shall be in the form of a Legal Retainer, which requires the contractor to be ready not only for the provision of timely services when called upon but also for the proactive analysis of legally sensitive developments in order to offer appropriate and timely advice. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.
The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
Quotations are due by June 29, 2026 (18:00 UTC + 00:00). No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.
Your quotation must be submitted electronically to conakryproc@state.gov. It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS- Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.
In order for a quotation to be considered, you must also complete and submit the following:
1. SF-1449
2. Section I, Pricing
3. Section 5 Representations and Certifications
4. Additional information as required in Section 3
5. Proof of SAM Registration.
***Recent FAR updates have waived SAM registration requirements for locally registered vendors bidding on contracts expected to be performed outside the United States. However, it is still ideal for such vendors to register if they can do so without obstacles***
Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.
Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.
Sincerely, Lisa R. Coles Contracting Officer https://www.sam.gov/
TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE - Pages 1 to 12
• SF 1449 cover sheet
• Continuation To SF-1449, RFQ Number 19GV1026Q0014, Prices, Block 23
• Continuation To SF-1449, RFQ Number 19GV1026Q0014, Schedule Of
Supplies/Services, Block 20 Description/Specifications/Work Statement
• Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property
SECTION 2 - CONTRACT CLAUSES – Pages 13 to 28
• Contract Clauses
• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
SECTION 3 - SOLICITATION PROVISIONS – Pages 29 to 32
• Solicitation Provisions
• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in
Part 12
SECTION 4 - EVALUATION FACTORS – Pages 33 to 34
• Evaluation Factors
• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in
Part 12
SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS – Pages 35 to 59
• Offeror Representations and Certifications
• Addendum to Offeror Representations and Certifications - FAR and DOSAR
Provisions not Prescribed in Part 12 x
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PR16019904
PAGE 1 OF 59 PAGES
2. CONTRACT NO. 3. AWARD/ EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
19GV1026Q0014
6. SOLICITATION ISSUE
DATE
06/09/2026
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME Fama Marah
b. TELEPHONE NUMBER(No collect calls) +224-629-000-534
8. OFFER DUE DATE/
LOCAL TIME
06/29/2026 / 18:00
9. ISSUED BY CODE GV100
AMERICAN EMBASSY CONAKRY
TRANSVERSALE NO. 2 RATOMA , ATTN:
10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
GSO/PROCUREMENT
CONAKRY BP603
GUINEA
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
EDWOSB EMERGING SMALL BUSINESS
SMALL BUSINESS 8 (A) SIZE STANDARD:
11. DELIVERY FOR FOB DESTINAT-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
SEE SCHEDULE RFQ IFB RFP
15. DELIVER TO CODE
AMERICAN EMBASSY CONAKRY
Transversale No 2. Ratoma, ATTN:
GSO/WAREHOUSE
Conakry
GUINEA
16. ADMINISTERED BY CODE
AMERICAN EMBASSY CONAKRY
TRANSVERSALE NO. 2 RATOMA , ATTN: GSO/PROCUREMENT
CONAKRY
GUINEA
17a. CONTRACTOR/
OFFERER
CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY
AMERICAN EMBASSY CONAKRY
TRANSVERSAL #2, CENTRE, ATTN: DBO
CONAKRY 603
GUINEA
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 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)
27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
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 HEREIN.
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 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)
PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212 x
ITEM NO. 20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
PARTIAL FINAL
38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY
41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE
42b. RECEIVED AT (Location)
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449
RFQ NUMBER S- 19GV1026Q0014
PRICES, BLOCK 23
I. PERFORMANCE WORK STATEMENT
A. The purpose of this firm fixed price contract is to provide non-litigation legal services in the areas of Guinean labor law and Guinean immigration law in accordance with attachment A (statement of work) further below.
B. The contract will be for a one-year period from the date of the contract award, with 2 one-year options that may be exercised at the embassy’s discretion
QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.
The role of the Government is to monitor quality to ensure that contract standards are achieved.
Performance Objective Scope of Work
Paragraphs Performance Threshold
Services.
Performs all non-litigation legal services in the areas of Guinean labor law and Guinean immigration law and all other services set forth in the statement of work, with particular attention to section 12 of the statement of work.
1 thru 3, and all relevant texts in the statement of work
All required services are performed and no more than one
(1) [customer complaint is received per month and no more than 3 complaints per year.
Notwithstanding this threshold, a single complaint or incident that significantly shatters trust or goodwill could result in contract termination and appropriate remedial actions.
JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF
2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS
SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE
TAX OF 2% PURSUANT TO 26 U.S.C. 5000C.
1. SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.
2.STANDARD. The performance standard is that the Government receives no more than one (1) [customer complaint per month and no more than 3 complaints per year. Notwithstanding this threshold, a single complaint or incident that significantly shatters trust or goodwill could result in contract termination and appropriate remedial actions.
The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023), if any of the services exceed the standard.
3. PROCEDURES.
(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
(b) The COR will complete appropriate documentation to record the complaint.
(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.
(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.
(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.
(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.
(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.
https://www.acquisition.gov/far/52.212-4
II. PRICING
Price Schedule for Base Year: August 1, 2026, to July 31, 2027
Line
Description Fixed monthly rate for Legal Retainer Services -
GNF
Number of months in Base Year
Total Cost of Services for Base Year in
GNF
Comments (if applicable)
1 Non-litigation legal services in the areas of Guinean labor law and Guinean immigration law.
Please refer to the statement of work (attachment A) for further details.
Price Schedule for Option Year 1: August 1, 2027, to July 31, 2028
Description Fixed monthly rate for Legal Retainer Services -
GNF
Number of months in Option Year 1
Total Cost of Services for Option Year 1 in GNF
Comments (if applicable)
1 Non-litigation legal services in the areas of Guinean labor law and Guinean immigration law. Please refer to the statement of work (attachment A) for further details.
Price Schedule for Option Year 2: August 1, 2028, to July 31, 2029
Description Fixed monthly rate for Legal Retainer Services -
GNF
Number of months in Option Year 2
Total Cost of Services for Option Year 1 in GNF
Comments (if applicable)
1 Non-litigation legal services in the areas of Guinean labor law and Guinean immigration law. Please refer to the statement of work (attachment A) for further details.
TOTAL CONTRACT VALUE:
Performance period reference Annual Cost Base Year
Option Year 1 Option Year 2
TOTAL
III. VALUE ADDED TAX
VAT VERSION B
VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.
CONTINUATION TO SF-1449,
RFQ NUMBER 19GV1026Q0014
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
Statement of Work: Non-Litigation Legal Services in Guinean Labor Law & Guinean Immigration Law
1. PURPOSE
This Statement of Work (SOW) establishes the terms and scope under which a qualified legal services provider ("Contractor") will furnish non-litigation legal advisory services to the U.S.
Mission in Conakry ("the embassy") in the areas of Labor Law and Immigration Law.
2. BACKGROUND
The embassy requires expert legal counsel to support its operational, administrative, and policy functions related to workforce management and the movement of personnel across international borders. These services are strictly non-litigation in nature and are intended to provide proactive legal guidance, compliance support, and risk mitigation.
3. SCOPE OF SERVICES
Post acknowledges specific needs for legal assistance on the following matters, but reserves the right to seek advice on related matters not stated herein:
3.1 Labor Law Services
The Contractor shall provide legal advisory services in the following areas:
• Employment Compliance: Advise on applicable domestic and host-country labor laws, regulations, and standards governing the Department's locally employed (LE) staff and other personnel.
• Revision of and Application of Mission Human Resources policies: Routine Mission management notices and regulations must be updated on a regular basis, and legal advice is required to maintain their integrity and alignment with the Local Labor Law. The current labor law is quite complicated, and changes are expected any time
• Local Compensation Plan: Once the labor law changes are implemented our LCP will require major changes in addition to the changes we have already made.
• Ongoing possibility of legal dispute: Post is comfortable administering disciplinary procedures. However, due to the complexity of the local labor law and because assistance is needed to follow all the steps required by local labor law, it is prudent to have “for cause” terminations reviewed by an experienced local lawyer. Additionally, disciplinary actions must be carefully reviewed by a local labor lawyer before deciding the correct course of action due. The Mission seeks legal counsel in advance of disciplinary dismissals to ensure that all steps have been followed as per Local Labor Law.
• Employee involuntary downgrades, reductions in force and/or changes to work schedules: U.S. Embassy Conakry is in the process of reviewing all position descriptions and reclassifying those that are not up-to-date. Due to this ongoing evaluation process, some positions are being reclassified to lower grades, and post requires legal advice to explain possible wage changes to affected employees.
• Workplace Policies: Review, draft, and update employment policies, handbooks, and internal regulations to ensure legal compliance.
• Disciplinary & Grievance Procedures: Advise on legally compliant disciplinary processes, grievance mechanisms, and separation procedures.
• Wage & Hour Compliance: Counsel on compensation structures, overtime, leave entitlements, and benefits in accordance with applicable law.
• Workplace Investigations: Provide legal guidance on conducting internal investigations into workplace complaints, including harassment, discrimination, and misconduct allegations.
• Training & Awareness: When necessary, deliver legal briefings or training sessions to Department staff on labor law obligations and best practices.
3.2 Immigration Law Services
The Contractor shall provide legal advisory services in the following areas:
• Visa & Work Authorization: Advise on visa categories, work permit requirements, and authorization processes for Department personnel, contractors, and dependents operating in or traveling to relevant jurisdictions.
• Residency & Status Compliance: Provide guidance on residency requirements, status maintenance, and compliance obligations for foreign nationals employed by or associated with the Department.
• Immigration Policy Analysis: Monitor and analyze changes in host-country and U.S.
immigration law and regulations; advise the embassy on implications for operations and personnel.
• Document Review & Preparation: Assist in the preparation and review of immigration-related documentation, petitions, and applications (excluding court filings).
• Consular & Administrative Liaison: Advise on engagement with consular authorities and immigration agencies to facilitate timely processing of applications.
• Repatriation & Emergency Situations: Provide legal guidance on immigration-related issues arising from emergency evacuations, repatriations, or sudden changes in host-country law.
• Training & Awareness: Deliver briefings to Department staff on immigration compliance obligations and procedural updates.
4. DELIVERABLES
# Deliverable Frequency
1 Legal advisory memoranda and written opinions As requested
2 Policy and document review reports As requested
3 Monthly status and activity report Monthly
4 Legal compliance risk assessment Quarterly
5 Training sessions and briefing materials As scheduled
6 Legislative/regulatory update summaries As changes occur
5. PERIOD OF PERFORMANCE
• Base Period: 12 months from the date of contract award
• Option Period 1: 12 months
• Option Period 2: 12 months
(Exercise of option periods shall be at the discretion of a U.S. Government Contracting Officer.)
6. PLACE OF PERFORMANCE
Services shall be performed primarily at the Contractor's place of business, with on-site presence at Department facilities as required. Remote advisory services via secure communication channels are authorized.
7. PERSONNEL QUALIFICATIONS
The Contractor shall ensure that all attorneys and legal professionals assigned to this engagement meet the following minimum qualifications:
• Education: Juris Doctor (J.D.) or equivalent legal degree from an accredited institution.
• Licensure: Active bar membership or equivalent professional licensure in the relevant jurisdiction(s).
• Experience: Over five (5) years of demonstrated experience in advising diplomatic missions, embassies and international organizations on labor law, immigration law, and related matters
• Security: Ability to obtain and maintain any required security clearances or access credentials.
• Language: Proficiency in English and in the official language of the host country are required.
The Contractor shall submit résumés for all proposed key personnel for Department approval prior to commencement of work. The embassy reserves the right to approve or reject proposed personnel.
8. GOVERNMENT-FURNISHED INFORMATION (GFI)
The embassy will provide the Contractor with:
• Relevant internal policies, procedures, and organizational documents necessary to perform the services.
• Access to applicable points of contact within the Department.
• Background documentation on specific matters requiring legal advice.
9. CONTRACTOR RESPONSIBILITIES
The Contractor shall:
• Maintain strict confidentiality of all Department information and comply with applicable data protection requirements.
• Promptly notify the Contracting Officer's Representative (COR) of any actual or potential conflicts of interest.
• Comply with all applicable U.S. laws, regulations, and Department policies.
• Maintain professional liability (errors and omissions) insurance at levels acceptable to the Department.
• Not engage in any litigation or court representation on behalf of the embassy. Contractor responsibilities are limited to non-litigation services only.
10. GOVERNMENT RESPONSIBILITIES
The embassy shall:
• Designate a Contracting Officer's Representative (COR) to serve as the primary point of contact.
• Provide timely access to information and personnel that are relevant to the services sought.
• Review and approve deliverables.
11. INVOICING AND PAYMENT
• The Contractor shall submit invoices monthly, itemizing hours worked, personnel assigned, and services rendered.
• Invoices shall reference the contract number and applicable period of performance.
• Monthly invoices shall be paid or settled on net 30-day terms.
12. PERFORMANCE STANDARDS
Performance Objective Acceptable Quality Level
Timeliness of legal opinions Delivered within agreed-upon timeframes in ≥95% of cases
Accuracy and quality of advice
No material legal errors; COR satisfaction rating ≥ Satisfactory
Responsiveness Response to urgent requests within 3 business hours
Deliverable completeness All required deliverables submitted on time ≥90% of the time
13. LIMITATIONS
• This SOW does not authorize the Contractor to represent the embassy in any litigation, arbitration, or adversarial proceedings.
• The Contractor may not bind the embassy to any legal position or agreement without explicit written authorization from the Contracting Officer.
• All legal opinions and advice rendered under this SOW and its framework contract are for internal use only and do not constitute official Department legal positions.
14. APPLICABLE REGULATIONS AND STANDARDS
• Federal Acquisition Regulation (FAR)
• Department of State Acquisition Regulation (DOSAR)
• Foreign Affairs Manual (FAM) and Foreign Affairs Handbook (FAH), as applicable
• Host-country labor and immigration laws, as applicable
• American Bar Association (ABA) Model Rules of Professional Conduct
15. POINTS OF CONTACT
Role Name Contact
Contracting Officer (CO) TBD TBD
Contracting Officer's Representative (COR) TBD TBD
Contractor Point of Contact TBD TBD
For solicitation and procurement related questions please contact Fama Marah by phone (+224 629 000 534) or by email to marahf@state.gov with cc to ConakryProc@state.gov mailto:marahf@state.gov mailto:ConakryProc@state.gov
SECTION 2 - CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
(NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449,
BLOCK 27A)
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025)
(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 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:
__ (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.)
_X_ (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].
https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim
__ (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).
_X_ (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.
_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
__ (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).
__ (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 (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) 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. 657s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
__ (26)
(i) 52.219-28, Postaward Small Business Program Representation (Jan 2025) (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) ( 15 U.S.C. 637(a)(17)).
__ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O.
13126).
__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (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 (Jan 2025) ( 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 (May 2024) ( 42 U.S.C. 7671, et seq.).
https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
_X_ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
_X_ (47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49)
(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 (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 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).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
_X_ (57) 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).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
_X_ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.232-36#FAR_52_232_36 https://www.acquisition.gov/far/52.239-1#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim
_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.
118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65)
(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).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(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 https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/52.247-69#FAR_52_247_69 https://www.govinfo.gov/link/uscode/49/40118 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7 records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in…
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