Solicitation_Oracle Solaris.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND - ABERDEEN PROVING GROUND

6472 INTEGRITY COURT, BUILDING 4401

ABERDEEN PROVING GROUND, MD 21005-1846

REPLY TO

ATTENTION OF

CCAP-MDT

28 May 2025

SUBJECT: Request for Quote for procurement of Commercial-Off-the-Shelf Oracle Solaris Software License and Annual Maintenance Support Subscription Renewals

This is a combined synopsis / solicitation for commercial supply prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. The solicitation number is PANAPG-24-P-0000 024005 and is issued as a request for quotes (RFQ).

The U.S. Army Contracting Command – Aberdeen Proving Ground (ACC-APG), on behalf of the Communications-Electronics Command (CECOM) Software Engineering Center (SEC), intends to solicit as an Open Market Competitive Request for Quote (RFQ) for Oracle Solaris software product license and maintenance support subscription renewals. Respondents must hold an agreement with the Original Equipment Manufacturer (OEM) Oracle authorizing the respondent to provide Enterprise License Agreements to the Government. The Government intends to award a single award, Firm-Fixed-Price (FFP) order for the procurement of Commercial-Off-the-Shelf (COTS) Oracle Solaris Software license subscriptions.

The Government projects an order award on or before 31 May 2025. The North American Industry Classification System (NAICS) Code applicable to this acquisition is 513210 – Software Publishers with an SBA size standard of $47 million. The Product Service Code (PSC) is 7A21. Submissions of signed and dated proposals are due on or before 10:00 AM EST on 30 May 2025.

The subscription validity period shall be as listed in the Product Descriptions table below. Located beyond the table are the Offeror Instructions, Basis for Award, Evaluation Factors, Special Requirements, Product Delivery Instructions, Submission Instructions, and Provisions and Clauses.

Product Descriptions – This requirement is for the software license maintenance renewals of COTS Oracle Solaris and support maintenance. See below for the Contract Line Item Number (CLIN) Assignment, Product Description, Requirement Quantity, and Subscription Periods.

Part Number Product Description Subscription Period Start

Subscription Period End QTY

CSI

20047852

Oracle Premier Support for CSI 20047852 06/01/2025 05/31/2026 1

21840658

Oracle SPARC S7-2 Support CSI 21840658 06/01/2025 05/31/2026 1

23203495

Oracle SPARC S7-2 Support CSI 23203495 06/01/2025 05/31/2026 1

23213715

Oracle SPARC S7-2 Support CSI 23213715 06/01/2025 05/31/2026 1

23203499

Oracle Tape Library Support CSI 23203499 06/01/2025 05/31/2026 1

23203494

Oracle ZFS Support CSI 23203494

06/01/2025 05/31/2026 1

CSI

23203493 Oracle Premier Support for CSI 23203493 06/01/2025 05/31/2026 1

23203498

Oracle Premier Support for CSI 23203498 06/01/2025 05/31/2026 1

21840647

Oracle Premier Support for CSI 21840647 06/01/2025 05/31/2026 1

RFQ responses, at a minimum, shall clearly state the following:

• Solicitation (a.k.a.(RFQ) Number; the date and time specified for receipt of offers; Contractor Company Name, Address and Telephone Number; Company

Representative(s) Name and Contact Information, CAGE Code, Unique Entity Identifier (UEI) Number, System for Award Management (SAM) Record, and business type.

• The part numbers and product description for each item specified in the above Product Description table, with itemized pricing for each part number / product description specified and all separately priced associated costs, such as taxes and shipping. Any deviations from the Part Numbers / Product Descriptions specified shall be explained in the Offeror’s response.

• Any and all applicable discounts applied to the pricing along with the Published

Commercial Price, as applicable. The Contractor shall provide other than certified cost or pricing data IAW FAR 15.403-3, Requiring data other than certified cost or pricing data.

• The Total Price for the exact quantities requested in the Product Description table provided above.

• Include, with response to RFQ, a copy of the agreement with OEM showing Authorization to Resale for Original Equipment Manufacturer (OEM).

Offerors shall:

• AGREE TO THE TERMS OF THE ATTACHED ADDENDUM TO ENTERPRISE

LICENSE AGREEMENT (ELA) BY ATTACHING AN OEM SIGNED COPY OF

SAID ADDENDUM TO LICENSE AGREEMENT, or PROVIDE A COPY OF

OEM FEDERALLY COMPLIANT ENTERPRISE LICENSE AGREEMENT (ELA),

SOFTWARE LICENSE AGREEMENTS (SLA), and/or SOFTWARE

MAINTENANCE AGREEMENTS FOR FEDERAL USERS ASSOCIATED WITH

THE ITEMS LISTED ABOVE. If no agreement exists clearly state that in the provided quote and provide an existing copy of the OEM Commercial ELA for review by the Government.

• Remove hyperlinks from quote, ELA, and any supporting documentation provided in response to this RFQ. In lieu of hyperlink(s), provide the actual documentation as referenced in the deleted hyperlink as supporting documentation to the Offeror’s quote. The ELA in final form, as agreed to by the Government in collaboration with the Software OEM, will be attached to the contract / purchase order as an Attachment in the "List of Attachments" section of the contract award.

• Ensure quotes separately identify any applicable costs / price associated with meeting the delivery instructions and specify Terms of any Express Warranty.

• Provide concurrence, and understanding, of required clauses (listed below) the Government will incorporate within the award documentation. Provide fill-ins as requested in the Provisions and Clauses with the RFQ Response submission.

Should concurrence and understanding not be provided within submitted proposal documentation, Government will consider all concurred and understood.

• Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

• Acceptable Offerors shall be a current participant, in good standing, National Aeronautics and Space Administration (NASA) program that also hold the distinction of having achieved certification with OEM Oracle as a certified and authorized to sell Enterprise License Agreements to Government agencies, and specifically the U.S. Army.

Basis for Award

• The order will be awarded to the lowest priced / technically acceptable (LPTA) responsive and responsible offeror who is known and exhibited to be a current participant, in good standing, National Aeronautics and Space Administration (NASA) program that also hold the distinction of having achieved certification with OEM Oracle as a certified and authorized to sell Enterprise License Agreements to Government agencies, and specifically the U.S. Army.

• The offeror shall be determined by the contracting officer to be responsive and responsible.

• The order shall be issued as a Firm-Fixed-Price (FFP) contract type. The offeror’s proposal shall contain FFP prices for all Contract Line-Item Numbers (CLIN) associated with the products identified within the Product Description table of this RFQ in accordance with the stipulated quantities, subscription period, and unit of measure.

• ELA / SLA -

o The Government shall not award any order under this contract unless the corresponding OEM commercial software license agreements, and all corresponding documentation, are reviewed and approved by the Contracting Officer. Commercial computer software or commercial computer software documentation shall be acquired under licenses customarily provided to the public to the extent such licenses are consistent with Federal law and otherwise satisfy the Government’s needs.

The Government shall not accept any commercial software license terms that conflict with federal procurement law or do not satisfy user needs.

Commercial Software License terms that are objectionable to the Government include, and are not limited to, indemnification Provisions (and other types of provisions that include unauthorized or unbudgeted funding obligations), attorney's fees provisions, state or foreign choice of law/jurisdiction provisions, binding arbitration provisions, and injunctive relief provisions.

• Furthermore, the Governments evaluation shall determine the fairness and reasonableness of the Offeror’s proposed prices in order to successfully meet all requirements of this RFQ. The proposed price will be evaluated in accordance with FAR 15.404-1(b). The analytical techniques and procedures described in FAR 15.404-1 may be used singly, or in combination with others, as determined by the Contracting Officer, to ensure that the proposed costs are fair and reasonable.

• If multiple quotes are received from authorized distributors, the basis of award will be lowest price technically acceptable. Only those offerors who have received an “acceptable” rating IAW the definition contained herein will be considered for award.

Evaluation of Technical Factors:

• Upon receipt of the quote, an evaluation of Offeror submission will be conducted to ensure the proposed software products, and the proposal terms and conditions, are technically acceptable to support the requirement. Technical acceptability shall be defined as a responsive quote that meets the Government's requirement(s) identified in the RFQ and was submitted by a responsible offeror who is eligible for award.

o Acceptable - The Offerors proposal clearly meets the minimum requirements of this RFQ.

o Unacceptable - The Offerors proposal does not clearly meet the minimum requirements of this RFQ.

Evaluation of Price:

• The evaluation of proposed pricing will result in a determination of a fair and reasonable price to successfully meet all CLINs in the Product Description table of the RFP requirements.

• The proposed price will be evaluated in accordance with FAR 15.404-1(b). The analytical techniques and procedures described in FAR 15.404-1 may be used singly or in combination with others, as determined by the Contracting Officer, to ensure that the proposed prices are fair and reasonable.

Special Requirements:

This Request for Quote (RFQ) is not a purchase order, a contract, or a commitment to issue an award.

The Government will not pay for any submitted information or the cost to submit a response to this RFQ.

The Government reserves the right to issue an award in part or in whole for the items described above. The Government is not obligated to make an award for all, or any portion of the items described.

The Government shall not award any order under this contract unless the corresponding commercial software license agreement(s) are reviewed and approved by the Contracting Officer to have Federally Objectionable language eliminated. The Government shall not accept any commercial software license terms that conflict with federal procurement law or do not satisfy user needs.

o The agreed to ELA / SLA will be attached to the contract / purchase order as attachments in Section J - List of Attachments of the award.

Delivery Instructions: Oracle Solaris software license renewals shall be activated / delivered with inspection and acceptance at destination within 10 days of award to:

Ship to Address:

Ship to DODAAC#: W90W2B {Provided at time of Award} 6590 Reconnaissance Street Building 6010, Room 130 Aberdeen Proving Ground, MD 21005 provided at time of award.civ@army.mil Phone: provided at time of award

Inspection:

DODAAC: W81B81

{Provided at time of Award} Software Engineering Center - Aberdeen 6585 Surveillance Loop, D4-342A Pod 14 Aberdeen Proving Ground, MD 21005 provided at time of award.civ@army.mil Phone: provided at time of award

Acceptance:

DODAAC: W81B81

{Provided at time of Award} Software Engineering Center - Aberdeen 6585 Surveillance Loop, D4-342A Pod 14 Aberdeen Proving Ground, MD 21005 provided at time of award.civ@army.mil Phone: provided at time of award

Submission Instructions:

Respondent Due Date: No later than 10:00 AM EST on 30 May 2025. If you are unable to furnish a quote, respond with “no bid” and provide a simple detailed explanation as to why you are unable to.

Submit all responses and questions via email to

Tihesha Faulcon: tihesha.faulcon.civ@army.mil and copy Tanya D. Buttner: tanya.d.buttner.civ@army.mil.

The following provisions and clauses shall be incorporated by full text or reference, including applicable commercial clauses.

All provisions and clauses can be viewed in their entirety at https://www.acquisition.gov/.

Provisions/Clauses:

FAR/ DFARS DESCRIPTION:

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTION

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(AUG 2020)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-19 INCOPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

52.217-7 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED

LINE ITEM (MAR 1989)

52.219-17 SECTION 8a) AWARD (OCT 2019)

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a)

CONCERNS (AUG 2023) (DEVIATION 2023-O0007)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-23 ASSIGNMENT OF CLAIMS (APR 1984) -- ALTERNATE I

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN

2013)

52.233-1 DISPUTES (MAY 2014) -- ALTERNATE I (DEC 1991)

52.243-1 CHANGES -- FIXED PRICE (AUG 1987)

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

52.247-34 F.O.B. DESTINATION (JAN 1991)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

252.201-7000 CONTRACTING OFFICER's REPRESENTATIVE (DEC 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (SEP 2011)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (DEC 2022)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT

(APR 1992)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (JAN 2023)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)

252.219-7010 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a)

PARTICIPANTS -- PARTNERSHIP AGREEMENT (OCT 2024)

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND

RECEIVING REPORTS (DEC 2018)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) -

* Will be placed within a contract as full text.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR

COMMERCIAL SERVICES (NOV 2023)

Clauses Incorporated by Full Text

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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, 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.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C.

637(d)(2) and (3)).

_X_ (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)).

__ (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).

_X_ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (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).

__ (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.).

__ (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.).

__ (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).

__ (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).

__ (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).

__ (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).

__ (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).

__ (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 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 lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

793).

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

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

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

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

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

(xxiii) 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).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 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.).

(xxvii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)