Solicitation to Post.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR (Federal Acquisition Regulations) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is 75H70622Q00024-2. The solicitation document incorporated provisions and clauses are those in effect through FAC (Federal Acquisition Circular)2023-01.

This is a Buy Indian Small Business set-aside solicitation. NAICS code is 334111- Electronic Computer Manufacturing, The unit pricing must be all inclusive (to include but not be limited to travel, lodging, per diem, fringe benefits, federal, state, and local taxes) plus all other costs pertinent to the performance of this contract. Utilize your most competitive and reasonable rates.

The period of performance will be from Date of Award up to 3 months.

INSTRUCTION TO OFFERORS: Proposal must contain the following documents in order to be considered responsive and eligible for an award:

Complete the attached FAR and HHSAR (Health and Human Services Acquisition Regulations) provisions and clauses applicable to this acquisition, including:

FAR 52.212-1 - Instructions to Offerers - Commercial Items (March 2023). This must be submitted by the Offerer. See attachment for full text. See Section L for Past Performance Questionnaire Form.

At least 3 and no more than 5 questionnaire forms shall be completed for evaluation purposes.

FAR 52.212-2 - Evaluation - Commercial Items (Nov 2021).

The Government will award a contract resulting from this solicitation to the lowest responsible offerer whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award shall be made to the Lowest Price, Technically Acceptable Offer. The following factors shall be used to evaluate offers:

Ability to meet technical specification of the equipment Price

Award will be made on Best Value to the Government

FAR 52.212-3 - Offerer Representations and Certifications - Commercial Items (Dec 2022).

This must be completed by the Offerer. See attachment for full text. The Offerer shall complete only paragraph (b) of this provision if the Offerer has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offerer has not completed the annual representations and certifications electronically, the Offerer shall complete only paragraphs ( c) through ( q) of this provision.

FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (Dec 2022) (Incorporated by Reference; and

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders

- Commercial Items (Jun 2023).

The full text of a clause may be accessed electronically at:

https://www.acquisition.gov/?q=browsefar

Proposals are due on Aug 15 @ 12:00 PM CST Submit proposals to:

Quentin N Burdick Memorial Healthcare Facility Attn: Phyllis Gourneau, Contract Specialist PO Box 160 1300 Hospital Loop Belcourt, North Dakota Telephone: 701/477-6111 ext. 8434 E-mail: phyllis.gourneau@ihs.gov

Note to the Proposed Contractor:

OIG Exclusion List

No contract award shall be made to a vendor or provider listed on the OIG Exclusion List (http://exclusions.oig.hhs.gov) throughout the duration of the contract. Should a candidate be found with a non-favorable security clearance it shall be the contractor's responsibility to replace the candidate working under the contract/purchase order with a suitable candidate. It shall be the responsibility of the contractor to notify the Acquisition Office is there is a change in provider.

In addition, no Contractor or subcontractor employee shall be permitted to perform work under this contract if listed on the LEIE (HHS Office of Inspector General List of Excluded Individuals/Entities), http://exclusions.oig.hhs.gov. As soon as practicable prior to the performance of the work, the Contractor shall provide to the Contracting Officer the names of all individuals to be used in performance of work for screening against the LEIE. During the performance, the Contractor shall provide the Contracting Officer the names of any additional or substitute employees for screening before they begin work.

The Contractor is responsible for conducting security preclearance investigations in sufficient depth to ensure that each Contractor or subcontractor employee referred to IHS is not on the LEIE and can obtain a favorable fingerprint clearance. Each security preclearance shall be conducted sufficiently in advance of the start of performance to avoid delays caused by denial of access. If this is a Time and

Materials, Labor-Hour, or Cost-Reimbursement contract, the contractor shall not charge for or be reimbursed for labor hours or other costs incurred for employees who are unable to perform due to denial or access or the excess time required to resolve and clear unfavorable security clearance findings. If this is a Fixed-Price contract, denial of access due to security clearance findings shall not be a basis for excusable delay or an increase to the contract amount.

The Government will pay for the cost to process the contractor's suitability clearances. However, multiple investigations for the same position may, at the Contracting Officer's discretion, lead to a reduction(s) in the contract price of no more than the cost of the investigation(s).

NOTICE TO OlJOTERS

REQUEST FOR QUOTES (RFQ): 75H70622Q00024-2

QUOTE DUE DATE: Quotes are due 08/15/2023 @12:30 p.m. may be submitted to Phyll1s.gourneau@1hs.gov

RETURN RFQ TO: Quentin N Burdick Memorial Health Care Facility Phyllis Gourneau. Contract Specialist 1300 Hospital Loop Belcourt, North Dakota 58316

GENERAL DESCRIPTION: Firm Fixed-Price. Purchase Order Name Brand Laptop for the IT Department at the QNBMHF in Belcourt, North Dakota. This Is a Buy Indian Owned Small Business Set-Aside for NAICS code 334111, Computer System Desi.9.n.

The unit pricing must be all inclusive (to include but not limited to travel, lodging, per diem, fringe benefits, federal, state, and local taxes) plus all other cost pertinent to the performance of this contract utilize you most competitive and reasonable rates The Period of Performance will be date of award up to 30 days

INSTRUCTION TO QUOTERS: Quotes must contain the following:

1. Complete and sign SF 18 - Request for Quotations.

2. Contractor must be registered with SAM. The website to register is:

www.sam.gov.

3. Questions and Proposals must be submitted to Phyllis gourneau@ihs gov

BASIS FOR AWARD: Quoter's are advised that the Government will award a contract resulting from this solicitation to the lowest responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award shall be made to the Lowest Price Technically Acceptable Offer. The following factors shall be used to evaluate offers

1. Ability to meet technical specification for software

2. Price

Award will be made on an "all or none basis" to the lowest responsive and responsible offeror.

ATTACHMENTS:

(a) SF 18 - Request for Quotations.

(bl Provisions and Clauses incorporated by reference and in full text.

(c) SOW and Specifications

NOTE: Quotation must set forth, full, accurate and complete information as required by the RFQ, and be returned no later than the date referenced in Block #10 of the Request for Quotation form SF-18.

All required information must be submitted in order to be considered responsive and eligible for award. Award will be made to the responsible offeror whose quote is responsive to the terms of the RFQ and is most advantageous to the Government. considering lowest price technically acceptable and best delivery.

REQUEST FOR QUOTATION

rTHIS IS NOT AN OROERI

I THISRFO I

PAG

l E

IRJ IS □ IS NOT A SMALL BUSINESS SET ASIOE

OF PAGES

1. REQUEST NO,

75H70622Q00024-2

2. CATE ISSUED

08/15/2023 I

J. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT. DEF.

IHSl469456

UNDERBDSA REG,2

AND/OR OMS REG. 1

5•. ISSUED BY Belcourt PHS Indian Hospital 1300 Hospital Road

6. DELIVERY BY (Date}

09/30/2023

P.O. Box 160 7. DELIVERY

Belcourt ND 58316 !RI FOB DESTINATION

9. DESTINATION

a. NAME OF CONSIGNEE ----------------------------------tBELCOURT SERVICE UNIT

Sb, FOR INFORMATION CALL: (Na ca/feel CB/fl}

NAME

PHYLLIS GOURNEAU

l-'----.,,_ .... T.;;E .. LEc.PH,;...;0 .... N.;;E_N;.;U .... MB=ER _______ -i, b. STREET ADDRESS

701 477-8434 Q.N.B.M.H.C.F I

AREA CODE I NUMBER

8.

TD

_·_....:,. ___ _,_ ___________ -fl300 Hospital Road iJ.NAME

RATING

l b.COMPANY PO Box 160

Belcourt ND 58316 ------------------------------------+--------------------c. STREET ADDRESS c. CITY

d. CITY I e.STATE ,f.ZIPCOOE

Belcourt

I

d. STATE

ND I

e.ZIPCOOE

58316

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5• ON

OR BEFORE CLOSE OF BUSINESS (Dale}

IMPORTANT;Th1s is a request torinrormation, and quotaI1ons rumished are no! olfers. ff you are unable loquole,pleaseso ind,calc on lhisform and retum 11 to !headdress in 81oc� Sa. Tt11s reQuestdoesnot commit the Go1Jernment to pay any costs incurred 1n the preparation of the subm1ss1on of this quotation or lo contract for supplies or seMccs. Supphes are of domestic on9,n unless othe,w,se ind1caled by quoter. Any ,cpresentations andror cert1f1caIions altachcd lo lhis Request for Quotations musl be completed by the quoler. 08/15/2023 1200 CT

11.SCHEOULE(Jnc/udcilPQl-C:ilb/cFedera/. St e nndlacalfa11 sl

ITEM NO.

[al

Brand Name : Dell

A.ttached Specification tfotice Quoters Clauses

SUPPLIES/SERVICES

(b)

Buy Indian Small Business Set

Aside tthe Office of Management and Budget (0MB) mandates that U.S. federal agencies use the Internet Protocol version 6 (IPv6). In November 2020, 0MB issued memorandum M-21-07 "Completing the Transition to IPv6", which outlines the Federal government's strategic intent "to deliver �ts information services, operate its networks, �nd access the services of others using only Continued ...

QUANTITY UNIT

(c) (d)

UNIT PRICE

(e)

AMOUNT

(f) a, 10 CALENDAR CAYS (%) b. 20 CALENDAR DAYS(%) c. 30 CALENDAR DAYS (¾) d CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT ►

NOTE: Add1honalpro'11s1ons and representations Oare

13, NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS c.COUNlY d.CITV

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

•. STATE r· ZIP CODE

LJ arc not anached

14,SIGNATURE OF PERSONAUWORIZEDTD

SIGN QUOTATION

16.SIGNER

a. NAME {Type or pnnlJ c, TITLE (Type ar Pnnl)

NUMBER

I

PERCENTAGE

15. DATE OF QUOTATION

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV, 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

CONTINUATION SHEET I

REFERENCE NO. OF DOCUMENT BEING CONTINUED

75H70622QOC024-2

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

IPv6". The IHS requires all new IT systems

(hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network.

The Offerer's solution shall comply with the

IPv6 standards profile as defined by the NIST

USGv6 Program:

https://www.nist.gov/programs-projects/usgv6-progr am

The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or re manufactured equipment or parts shall be provided under any ircumstances. Absolutely no Gray Market Goods or

"ounterfeit Electronic Parts shall be provided.

,ray Market Goods are defined as genuine branded oods intentionally or unintentionally sold

Jutside of an authorized sales-territory or by hon-authorized dealers in an authorized territory.

�11 equipment shall be accompanied by the Original �quipment Manufacturers (OEM?s)warranty.

ounterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, �ubstitution, or alteration that has been nowingly mis marked, misidentified, or otherwise

�isrepresented. to be an authentic, unmodified �lectronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

210-BDJM DELL LATITUDE 5530 XCO BASE

Ql0-BEXB DELL THUNDERBOLT DOCK - 1ilD22TB4

NSN 7540.01-152.eOG?

QUANTITY

I

UNIT

I

(C) (D)

35 EA

35 EA

UNIT PRICE

(El

OF

I 5

AMOUNT

(E')

OPTIONAL FORM J36 (•Hl61

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

75H70622Q00024-2

NAME OF OFFEROR OR CONTRACTOR

ITEM NO.

{A)

SUPPLIES/SERVICES

(BJ

210-BBCE: DELL 24 MONITOR - P2422H

1R2307 KENSINGTON FP1!.:i6W9 PRIVACY SCREE N FILTER FOR 1!.:i

6 INCHES

LAPTOPS (16 9)

6C0300 KENSINGTON FP 24 OW9 PRIVACY SCREEN FILTER FOR

2 4 INCHES WIDESCREEN MONITORS {16 9)

332-1571 DELL KB 87 43 SMARTCARD READER KEYBOARD

NON -TAA

570-ABGN DELL LASER WIRED MOOSE - MS3220

B�ACL MPM -TAA

330-8105 DELL 90W AUTO AIR DC TRAVEL ADAPTER

DELL LATITUDE

E MOBILE PRECISION WORKSTATION

CUSTOMER KIT NON-TAA

UX6950 C2G 6 FT 4K HDMI CABLE WITH ETHERNET

HIGH SPEED

ULTRA HD CABLE - 60HZ - M M - HDMI FOR AUDIO VIDEO

DEVICE - 6 FT - 1 X HDMI DIGITAL AUDIO VIDEO - 1 X HDMI

DIGITAL AUDIO VIDEO

460-BDJQ DELL ECOLOOP URBAN BACKPACr: - CP4523G

NON-TAA

NSN 7540.0f�1S2-8067

QUANTITY UNIT

(C) {D)

35 EA

70 !.:.A

35 EA

35 EA

35 EA

35 EA

35 EA

UNIT PRICE

(E)

PAGE

OF

AMOUNT

(F)

Or-TIONAL FOllM 336 (4,BI.)

IHS1469456 Scope of Work

A. INTRODUCTION:

The mission of the Quentin N. Burdick Memorial Health Care Facility is to provide the best possible health care services to the Native American population of the Turtle Mountain reservation in Belcourt, North Dakota. Quentin N. Burdick Memorial Health Care Facility needs to replace all the desktop computers in the Behavioral Health program with laptops so staff can be able to provide remote services as well as be able to telework when needed.

B. BACKGROUND:

The Behavioral Health program computers are stationary computers that do not allow for mobile patient care. In order to meet the changing needs of the Behavioral Health program their desktop computers will need to be replaced with laptops. Their current computers, if they are not end of life, will be reallocated to other areas of the hospital that can use them.

The Behavioral Health & Public Health Nursing programs will need to 35 laptops with docks and dual monitors and privacy screens.

• 35 Dell Latitude 5530 laptops

• 35 Kensington 15.6" privacy screens

• 70 Dell 24" monitors

• 70 Kensington 24" privacy screens

• 35 Dell Thunderbolt Docks

• 35 HDMI cables, Dell USB Smartcard Reader keyboards, Dell laptop backpacks, Dell AC adapters, and Dell wired mice.

C. SCOPE OF REQUIREMENT:

The contractor shall provide the following equipment at a firm fixed price. See IHS1469456 specs sheet.

D. PERIOD OF PERFORMANCE:

The Period of performance shall be 30 days after Award.

G. DESIGNATED CONTRACTING OFFICERS REPRESENTATIVE (COR):

1. The Contracting Officer shall designate the COR representing the Government for the purpose of this contract in writing. Such designation will set forth the duties specifically delegated in regard to the performance of this contract. A copy of the designation will be provided to the contractor.

2. The major responsibility of the COR is to ensure Contractor accountability, monitor contract performance, and assist the Contractor in the resolution of program problems encountered during the performance of this contract.

3. The COR shall be responsible for:

a) Monitoring the Contractor's technical progress, including the surveillance and assignment of performance and recommending to the contracting Officer changes in requirements;

b) Interpreting Statement of Work;

c) Performing technical evaluation as required;

d) Performing technical inspection and acceptance required by the contract;

e) Assisting the contractor in the resolution of technical problems encountered during performance.

The CO R's responsibilities will be to coordinate with the contractor the technical aspects of this service and the review of performance hereunder. The COR does not have the authority to change or alter the order amount, terms and conditions.

H. IT POINT OF CONTACT:

Chance Wilkie Chance.Wilkie@ihs.gov 701-477-8429 Site Manager Quentin N. Burdick Memorial Health Care Facility

I. CONTRACTOR POINT OF CONTACT (TO BE DETERMINED):

Line# Part# Description

1.00 110-BDJM Dell Latitude 5530 XCTO Base

1.01 379-BBBW T AA Information

1.01 370-AFVP 16GB, Ix 16GB, DDR4 Non-ECC

1.03 583-BFRR Single Pointing Backlit US English Keyboard with numeric

1.04 555-BHKF Wireless Intel AX1 l l WLAN Driver

1.05 400-BNKV M.1 511GB PC!e NVMe Class 35 Solid State Drive

1.06 619-AQMP Windows l O Pro Includes Windows 11 Pro License

1.07 451-BCWY 58WHR, 4 Cell Battery Express Charge Capable

1.08 556-BBCD No Mobile Broadband Card

1.09 321-BHKE Bottom door AOL UMA-Ul5W TAA/ICC

1.10 570-AADK No Mouse

1.1 I 387-BBPW ENERGY STAR Qualified

1.11 555-BHHU Intel AX211 WiFi 6e 2x1 AX+ BT 5.2

1.13 537-BBDK ES Power Cord l M US

1.14 610-AALW OS-Windows Media Not Included

1. 15 800-BBQK BTO Standard Shipment VS

1.16 379-BDZB EPEA T 2018 Registered Gold

1.17 340-AGIK SERI Guide ENG/FR/Multi

1.18 975-3461 Dell Limited Hardware Warranty Extended Years

1.19 997-8317 Dell Limited Hardware Warranty

1.10 997-8366 ProSupport Plus: Next Business Day Onsite, l Year

1.21 997-8367 Thank you for choosing Dell ProSupport Plus. For tech

1.21 997-8392 ProSupport Plus: Keep Your Hard Drive, 5 Years

1.13 997-8393 ProSupport Plus: Next Business Day Onsite, 4 Year Extended

1.24 997-8394 ProSupport Plus: Accidental Damage Service, 5 Years

1.15 997-8395 ProSupport Plus: 7x14 Technical Support 5 Years

1.26 340-CKSZ No AutoPilot 1.,7 389-BCGW No UPC Label

1.18 631-ADFJ Intel vPro Technology Enabled

1.29 430-XXYG No Resource USB Media

1.30 346-BIBK Palmrest SmartCard only, Thunderbolt 4, US English

1.31 340-CYGF Quick setup guide for world wide

1.32 429-AATO No Removable CD/DVD Drive

1.33 658-BCSB No Microsoft Office License Included

1.34 515-BBCL SupportAssist

1.35 640-BBLW Dell TM Digital Delivery Cirrus Client

1.36 658-BBMR Dell Client System Update Updates latest Dell

1.37 658-BBRB Waves Maxx Audio

1.38 658-BDVK Dell Power Manager

1.39 658-BEOK Dell SupportAssist OS Recovery Tool

1.40 658-BEQP Dell Optimizer

1.41 658-BFDQ Windows PKID Label

I 1.42 650-AAAM No Anti-Virus Software

I 1.43 492-BDGE E5 90W Adapter, USB Type-C

1.44 815-2815 Extended Battery Service for Years 2 and 3 of System Life

I 1.45 379-BETU 12th Generation Intel v Pro Enterprise with Intel Core

I 1.46 338-CDQE i7-1265U vPro, Intel Iris Xe Graphics, Thunderbolt

I

1.47 319-BBIC FHD/IR Camera with ExpressSign-In + Intelligent Privacy, Temporal Noise Reduction, Camera Shutter Mic

1.48 340-CYVS BTO MIX SHUTTLE+ ADL CPU

1.49 817-BBBB Custom Configuration

1.50 401-AADF No Additional Hard Drive

1.51 389-DXDV Intel(R) Core(TM) i7 non-vPro Processor Label

1.52 391-BGRV 15.6inches FHD 1920x1080 Anti Glare, Non-Touch, 250

I 2.00 210-BEXB Dell Thunderbolt Dock - WD22TB4

I 2.01 872-8550 Advanced Exchange Service, 3 Years

2.02 872-8557 Dell Limited Hardware Warranty

3.00 210-BBCE Dell 24 Monitor - P2422H

3.01 814-5380 Dell Limited Hardware Warranty

I 3.02 814-5383 Advanced Exchange Service, 5 Years

4.00 1R2307 Kensington FP 156W9 Privacy Screen Filter for l 5.6inches

I 5.00 6C0300 Kensington FP240W9 Privacy Screen Filter for 24inches

6.00 332-1571 Dell KB8 l 3 Smartcard Reader Keyboard non-T AA

I 7.00 570-ABGN Dell Laser Wired Mouse - MS3220 Black non-T AA

8.00 330-8105 Dell 90W Auto/Air DC Travel Adapter, Dell Latitude C2G 6ft 4K HDMI Cable with Ethernet - High Speed -

9.00 UX6950

UltraHD Cable - 60Hz - M/M - HDMI for Audio/Video Device - 6 ft - 1 x HDMI Digital Audio/Video - 1 x HDMI Digital Audio/Video

I

10.00 460-BDJQ Dell Eco Loop Urban Backpack - CP4523G non-T AA

CLAUSES IN CORPORA TED BY REFERENCE

(Supply, Commercial Item Purchase Order(s))

Information Technology Procurement

The Contractor must provide only new equipment and new parts for the required products described herein; no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances. Absolutely no "Gray Market Goods" or "Counterfeit Electronic Parts" shall be provided. Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEM's) warranty.

Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic pa11s represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

52.252-2 Clauses Incorporated by Reference Feb 1998

This purchase order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov/far

I.

No.

I.

2.

3.

4.

5.

6.

7.

8.

9.

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17.

Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

FAR Citation

52.202-1 52.203-19

52.204-7 52.204-13 52-204-19 52.204-21 52.204-23

52.204-25

52.209-10 52.212-5

52.211-6 52.219-6

52.222-50 52.223-13 52.223-14 52.223-15 52.223-16 52.223-18

Clause Title

Definitions Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements System for Award Management System for Award Management Maintenance Incorporation by Reference of Reps. and Ce11ifications Basic Safeguarding of Covered Contractor

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Prohibition on Contracting for Certain Telecommunications

Clause Date

June 2020

January 2017 October 20 I 8 October 20 I 8 December 2014 Nov 2021

Nov 2021 and Video Surveillance Services or Equipment August 2021 Prohibition on Contracting with Inverted Domestic Corporations November 2015 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (DEVIATION 2020-05) Dec 2022 Brand Name or Equal Aug 1999 Notice of Total Small Business Set-Aside Nov 2020

Combating Trafficking in Persons Nov 2021 Acquisition of EPEA T®-Registered Imaging Equipment June 2014 Acquisition of EPEA T®-Registered Televisions June 2014 Energy Efficiency in Energy-Consuming Products May 2020 Acquisition of EPEA T®-Registered Personal Computer ProductsOctober 2015 Encouraging Contractor Policies to Ban Text Messaging While Driving June 2020

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

52.225-1 52.225-13 52.232-1 52.232-25 52.232-33 52.232-39 52.232-40

52.233-1 52.233-3 52.233-4 52.239-1 52.243-1 52.247-29 52.249-1

52.249-8

Buy American Supplies Oct 2022 Restriction on Ce1tain Foreign Purchases Feb 2021 Payments April 1984 Prompt Payments January 2017 Payment by Electronic Funds Transfer-System for Award Mgmt October 2018 Unenforceability of Unauthorized Obligations June 2013 Providing Accelerated Payments to Small Business Subcontractors Disputes Protest after A ward Applicable Law for Breach of Contract Claim Privacy or Security Safeguards Changes-Fixed Price F.o.b. Origin Termination for the Convenience of the Government (Fixed Price)(Short Fonn) Default (Fixed-Price Supply and Service)

Nov 2021 May 2014 August 1996 October 2004 August 1996 August 1987 February 2006

April 1984 April 1984 32.

II. Federal Acquisition Regulations (FAR) ( 48 CFR Chapter 1) Clauses in Full Text

52.204-23-Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

As prescribed in 4.2004, insert the following clause:

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause-- Covered article means any hardware, software, or service that- ( l) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means-- ( 1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-

91) prohibits Government use of any covered miicle. The Contractor is prohibited from-- ( l) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

( c) Reporting requirement. ( 1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil/. For indefinite delivery contracts, the Contractor shall repo1i 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/.

(2) The Contractor shall report the following information pursuant to paragraph (c)(l) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph ( c )( 1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall inseti the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

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

As prescribed in 4.21 OS(b ), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause-- Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other 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);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of

Defense, in 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.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms

Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

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

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

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

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part

810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

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

(5) 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 42 of such Code; or

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

4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

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

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

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

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or 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.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; 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.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about 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.

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

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

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

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Dec 2022)

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

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

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug

2019) (Section 889(a)(l)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.]

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282)

(31 U.S.C. 6101 note).

_ (5) [Reserved].

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

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

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

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

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

_ {10) [Reserved].

_(11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

_ (ii) Alternate I (Mar 2020) of 52.219-3.

_(12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (ii) Alternate I (Mar 2020) of 52.219-4.

_ (13) [Reserved]

_(14)

(i) _x_52.219-6, Notice ofTotal Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

_ (ii) Alternate I (Mar 2020).

_ (iii) Alternate II (Nov 2011).

_(15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

_ (ii) Alternate I (Mar 2020) of 52.219-7.

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

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

_(17)

(i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

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

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

_ (iv) Alternate Ill (Mar 2020) of 52.219-9.

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

_ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

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

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_(22)

(i) 52.219-28, Post Award Small Business Program Representation (Mar 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

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

Business Concerns (Mar 2020) (15 U.S.C. 637{m)).

_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_x_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_(30)

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

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

_(31)

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

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

_(32)

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

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

_ {33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_ {34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_(35)

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

_ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_(37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

_(40)

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

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

_(41)

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

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

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

_(43)

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

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

X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_(47)

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

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

_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

_(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

_ (iv) Alternate Ill (May 2014) of 52.225-3.

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

_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 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).

_ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_ {56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

X_ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31

U.S.C.3332).

_ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

_ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

_(62)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

Page 6 oflS

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

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

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

_ (4) 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).

_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_ (6) 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).

_ (7) 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).

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

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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)(l) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

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

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

(Aug 2019) (Section 889(a)(l)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $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.

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

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

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

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

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

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

(xii) 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.

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

(xiv)

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

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

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain…