23G8005_ACT_CFE BOA_Fully Executed.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

3. AWARD/EFFECTIVE

DATE

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

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFPRFQ IFB

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE NOT ATTACHEDARE

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

SP0604-23-R-0407

Christine George 571-767-9796

See Block 9

Lawrence T. Fratis

221115

1,150 Employees

DATE

05/10/2023

See Notes

DLA Energy - FEAA 8725 John J. Kingman Road, Suite 3830 Fort Belvoir, VA 22060 csteam@dla.mil

X 1

2. CONTRACT NO.

BOA - SP0604-23-G-8005

SP0604

ACT Commodities Inc.

437 Madison Ave, Floor 17 New York, NY 10022 Sales Contact: carmacost@actcommodities.com Operations: operationsusa@actcommodities.com

212 - 803 - 1269

807L6

X

X

See Block 31c

Michael Vigario | Finance Director July 12, 2023

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs) Basic Ordering Agreement

Table of Contents

PART I –THE SCHEDULE

SECTION A—Solicitation/Agreement Form

SECTION B – SUPPLIES TO BE FURNISHED RENEWABLE ENERGY CERTIFICATES

Section B, Table 1: Supplies to be Furnished

SECTION C – STATEMENT OF WORK /SPECIFICATIONS

Section C, Table 1 – REC Qualifying Timeline

SECTION D –PACKING AND MARKING: Not Applicable

SECTION E –INSPECTION AND ACCEPTANCE

SECTION F—DELIVERIES OR PERFORMANCE

DELIVERY AND ORDERING PERIODS

SECTION G—ADMINISTRATION DATA

BOA POINTS OF CONTACT:

CONTRACT TYPE:

INVOICING:

52.232-37 -- Multiple Payment Arrangements (FAR) (May 1999)

SECTION H—SPECIAL TERMS:

BASIC ORDERING AGREEMENT TERMS & CONDITIONS

ORDERING PROCEDURES UNDER BASIC ORDERING AGREEMENTS

Section H, Table 1 - Authorized Ordering Agencies:

PART II-CONTRACT CLAUSE

SECTION I – CONTRACT CLAUSES

52.204-13 –System for Award Management Maintenance (FAR) (OCT 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FAR) (JUN 2023)

DFARS 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232.7006 – Wide Area Workflow Payment Instructions (JAN 2023) 52.252-1 Solicitation Provisions Incorporated by Reference (FAR) (Feb 1998) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LISTS OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

PART I –THE SCHEDULE

SECTION A—Solicitation/Agreement Form

The effective date of this Basic Ordering Agreement (BOA) is from solicitation close date June 8, 2023, until June 7, 2028.

SECTION B – SUPPLIES TO BE FURNISHED RENEWABLE ENERGY

CERTIFICATES

(a) Brief Description: “Carbon pollution-free electricity” or “CFE” means electrical energy produced from resources that generate no carbon emissions, including marine energy, solar, wind, hydrokinetic (including tidal, wave, current, and thermal), geothermal, hydroelectric, nuclear, renewably sourced hydrogen, and electrical energy generation from fossil resources to the extent there is active capture and storage of carbon dioxide emissions that meets EPA requirements, identified in Executive Order 14057 and its Implementing Instructions.

(b) Item Numbers: The Contract Line Item Numbers (CLINs) identified in Section A, Table 1 are the only supplies available for future orders.

(c) Quantities: The estimated quantity for this Agreement is 15,000,000 megawatt-hours (MWh) over five years. The estimate is based off of information retrieved from DLA Energy customers renewable energy requirements and pricing data available for EO compliant RECs.

(d) Deliverables: Any resultant purchase order will require the deliverables set forth in this section; only the following deliverables are required under any resultant order and shall not be supplemented or modified:

All deliverables associated to the REC(s) delivered under these terms and clauses shall be furnished directly to the purchasing federal agency and in accordance with Section B, Supplies to be Furnished, and C, Statement of Work, whereby the following is required:

(1) Exhibit I Certificate of Transfer furnished at the time of REC(s) delivery.

(2) Exhibit II Attestation Form

Exhibit II REC Attestations:

(a) ATTESTATION FROM REC PROVIDER and

(b) CFE GENERATOR ATTESTATION

For the purposes of this BOA, Eligible Tracking Systems include the following:

• Texas REC: Electric Reliability Council of Texas

• MI-RECS: Michigan Renewable Energy Certification System

• M-RETS: Midwest Renewable Energy Tracking System

• NARR: North American Renewables Registry

• NC-RETS: North Carolina Renewable Energy Tracking System

• NEPOOL-GIS: New England Power Pool Generation Information System

• NVTREC: Nevada Tracks Renewable Energy Credits

• PJM EIS’s Generation Attribute Tracking System

• WREGIS: Western Renewable Energy Generation Information System

(3) Verification Audit – All required audit reports shall be furnished for delivery as follows:

(i) Third-Party Verification Audit1 –At a minimum, an audit must be performed by a Certified Public Accountant (CPA) within 90 calendar days of the delivery date to verify the REC product content was sufficiently generated; the BOA Holder shall deliver the audit report to the Ordering Agency no later than the 91st calendar day. The third-party audit shall verify all statements in Exhibits I and II, as well as verify items in Section C, Statement of Work (d) Scope, items 1-5.

1 Audit requirement described in Renewable Energy Tracking Systems | US EPA

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

Section B, Table 1: Supplies to be Furnished

SECTION C – STATEMENT OF WORK /SPECIFICATIONS

(a) PURPOSE: This Basic Ordering Agreement (BOA) between Act Commodities, Inc. (herein “DLA BOA Holder”) and the Defense Logistics Agency Energy (herein “DLA Energy”) is entered into for the potential supply of Energy Attribute Certificate (EACs) in the form of Renewable Energy Certificates (RECs).

(b) BACKGROUND: RECs serve a common function in the renewable industry in tracing the attributes of a given megawatt-hour of electricity from a producer to a consumer. The REC market is separate to the electricity market. Even though RECs are associated with a specific unit of electricity, the REC markets are not about allocating the electricity but are about allocating its attributes. RECs allow consumers to claim the environmental benefit of CFE production for their own electricity consumption and/or the consumption of energy production within the EO compliant area their facility is located. As CFE generators produce electricity, they create one REC for every 1000 kilowatt-hours (or 1

Contract Line Item Number

(CLIN)

REC Type/ Source Deliverables

0001 Marine Energy Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, i.

0002 Solar Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, i.

0003 Wind Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, i.

0004 Hydrokinetic (including tidal, wave, current, and thermal)

Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, i.

0005 Geothermal Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, i.

0006 Hydroelectric Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, i.

0007 Nuclear Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, i.

0008 Renewable Sourced Hydrogen

Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, i.

0009 Electrical energy generation from fossil resources to the extent there is active capture and storage of carbon dioxide emissions that meets EPA requirements.

Exhibit I REC Certificate of Transfer Exhibit II REC Attestations Third-party Audit, See Section B, (d) 3, Deliverables, i.

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs) megawatt-hour) of electricity placed on the grid. If the physical electricity and the associated RECs are sold to separate buyers, the electricity is no longer considered "CFE".

(c) DEFINITIONS:

(1) 24/7 carbon pollution-free electricity or 24/7/ CFE 2 : means carbon pollution-free electricity procured to match actual electricity consumption on an hourly basis and produced within the same regional grid where the energy is consumed.

(2) Balancing Authority: 3 The responsible entity that integrates resource plans ahead of time, maintains load interchange-generation balance within a Balancing Authority Area, and supports Interconnection frequency in real time.

(3) Balancing Authority Area: 4 The collection of generation, transmission, and loads within the metered boundaries of the Balancing Authority. The Balancing Authority maintains load-resource balance within this area.

(4) Carbon pollution-free electricity or CFE 5 means electrical energy produced from resources that generate no carbon emissions, including marine energy, solar, wind, hydrokinetic (including tidal, wave, current, and thermal), geothermal, hydroelectric, nuclear, renewably sourced hydrogen, and electrical energy generation from fossil resources to the extent there is active capture and storage of carbon dioxide emissions that meets EPA requirements.

(5) Contract: For the purpose of this BOA, the term “contract” is to mean “any resultant Purchase Order award”.

(6) Contractor: For the purpose of this BOA, the term “contractor” is to mean “BOA Holder”.

(7) Contract Year: may also be known as ‘Goal Year’ or ‘Current Year’, however, for the purpose of this BOA, Contract Year, Goal Year or Current Year, is to mean “Fiscal Year” (FY) October 1 – September 30.

(8) Energy Attribute Certificate (EAC) 6 : “Energy attribute certificate (EAC)” is an instrument that conveys information (attributes) about a unit of energy, including the resource used to create it, and the emissions associated with its production and use. A renewable energy certificate, or REC, is a type of EAC. EACs must be from generation resources that:

• Produce CFE;

• Were placed in service on or after October 1, 2021, either as a new resource or as new capacity at an existing resource modified to increase output; and

• Deliver CFE to the same grid region of Federal facility consumption.

EACs may be generated within six months prior to or three months after the net annual CFE compliance year. For example, for RECs to count in FY 2023 reporting, they must have been produced between April 1, 2022, and Jan. 1, 2023.

(9) Grid region 7 means the area of the grid within which a balancing authority maintains balance between electric load and resources.

(10) Qualifying REC(s): For the purpose of this BOA, the term “Qualifying REC(s)” is to mean the REC(s) which meet all standards/requirements identified in the Executive Order 14057.

(11) Renewable Energy Certificate or REC: 8 means the technology and environmental (nonenergy) attributes that represent proof that 1 megawatt-hour (MWh) of electricity was generated from an eligible renewable energy resource, can be sold separately from the underlying generic electricity with which it is associated.

2 As defined in https://www.sustainability.gov/pdfs/EO_14057_Implementing_Instructions.pdf

3 https://www.energy.gov/sites/prod/files/2017/09/f36/NERC%20Glossary.pdf

4 https://www.energy.gov/sites/prod/files/2017/09/f36/NERC%20Glossary.pdf

5 As defined in https://www.sustainability.gov/pdfs/EO_14057_Implementing_Instructions.pdf

6 As defined in https://www.sustainability.gov/pdfs/EO_14057_Implementing_Instructions.pdf

7 As defined in https://www.sustainability.gov/pdfs/EO_14057_Implementing_Instructions.pdf

8 As defined in https://www.sustainability.gov/pdfs/EO_14057_Implementing_Instructions.pdf

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

Should EO 14057 be updated, or replaced, by any superseding E.O. or higher-level Government mandate, the update may govern the definition(s) of eligible Supplies to be Furnished provided in this Section B (relating to Section B, Table 1).

(d) SCOPE: Any and all RECs delivered for purchase by the Government under any resultant Purchase Order shall conform to the following:

(1) From generation resources that produces CFE.

(2) Placed in service on or after October 1, 2021, either as a new resource or as new capacity at an existing resource modified to increase output.

(3) Deliver CFE to the same grid region of Federal facility consumption.

(4) EACs may be generated within six months prior to or three months after the net annual CFE compliance year. For example, for RECs to count in FY 2023 reporting, they must have been produced between April 1, 2022, and Jan. 1,

(5) The BOA Holder shall source a REC where, at the point of generation, the unbundled product component(s) shall be sold separately from its electricity and transferred to the Ordering Agency.

(6) All REC(s) shall be delivered with the completed appropriate Deliverables identified in Section B, paragraph (d).

(7) The BOA Holder shall be responsible for processing the retirement of RECs.

(8) BOA Holder shall adhere to Executive Order 14057 and its Implementing Instructions. The following Section C, Table 1- REC Qualifying Timeline dates, whereby supplies furnished for a given Fiscal Year must meet REC qualifying timeline, as shown in Section C, Table 1, below:

Section C, Table 1 – REC Qualifying Timeline Fiscal Year

Qualifying Dates Types of RECs

2023 April 1, 2022 to January 1, 2023 All RECs 2024 April 1, 2023 to January 1, 2024 All RECs 2025 April 1, 2024 to January 1, 2025 All RECs 2026 April 1, 2025 to January 1, 2026 All RECs 2027 April 1, 2026 to January 1, 2027 All RECs

SECTION D –PACKING AND MARKING: Not Applicable

SECTION E –INSPECTION AND ACCEPTANCE

Federal Acquisition Regulation (FAR) 52.246-2 – Inspection of Supplies—Fixed Price (Aug 1996) is hereby incorporated by reference.

SECTION F—DELIVERIES OR PERFORMANCE

Items to be delivered will be specified when the Ordering Agency issues a Request for Quote.

DELIVERY AND ORDERING PERIODS

(a) The period of a resultant Purchase Order (PO), during which the Ordering Agency may order, and the REC deliverables shall be supplied (if ordered), will be as within the limits of the below dates. No order shall exceed these limits:

(1) Ordering period begins at date of award of this BOA and ends on June 7, 2028.

(2) Delivery period begins at issuance of a PO and ends September 30, 2028.

NOTE: Audit Reports are a term of the requirement to be delivered. A BOA Holder would be in breach of terms if they are unable to provide a valid Audit Report; however, the BOA Holder has no control of the timing CRS releases the Audit Report thus this is an incidental deliverable to provide documentation for the official file and shall not be confined to be delivered within the time specified in paragraph (a)(2).

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

SECTION G—ADMINISTRATION DATA

BOA POINTS OF CONTACT:

The following DLA Energy personnel are the administrative points of contact for the Basic Ordering Agreement:

DLA Contract Specialist(s): Email: Phone:

Christine George Christine.george@dla.mil 813-245-7386 Roderick (Eric) Estrada Roderick.estrada@dla.mil 703-223-2842 Contracting Officer: Email: Phone:

Lawrence Fratis Lawrence.Fratis@dla.mil 571-767-8528

CONTRACT TYPE:

Resultant Purchase Orders (contract awards) shall be established on a Firm-Fixed Price basis.

INVOICING:

52.232-37 -- Multiple Payment Arrangements (FAR) (May 1999) This contract or agreement provides for payments to the Contractor through several alternative methods. The applicability of specific methods of payment and the designation of the payment office(s) are either stated--

(a) Elsewhere in this contract or agreement; or

(b) In individual orders placed under this contract or agreement

SECTION H—SPECIAL TERMS:

BASIC ORDERING AGREEMENT TERMS & CONDITIONS

(a) Terms: This is a Basic Ordering Agreement (BOA) that establishes a written instrument of understanding, containing the terms and agreements under which future requirements will be solicited, evaluated, awarded and delivered. A BOA is not a contract.

(b) All BOA terms and clause herein are incorporated by reference to all future orders.

(1) DLA Energy is the Administrator (owner) of the BOA(s) and is the only Ordering Agency authorized to modify the base terms and clause of BOA Holders.

(2) In accordance with FAR 16.703(c)(2), each BOA shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the FAR. The BOA(s) may need to be revised before the annual review due to mandatory statutory requirements. A BOA shall be changed only by modifying the agreement itself and not by individual orders issued under it. Modifying a basic ordering agreement shall not retroactively affect orders previously issued under it.

(3) The BOA may be terminated in its entirety by either party upon thirty (30) days’ notice to the other party.

Termination of a BOA shall not retroactively affect previously issued orders.

(4) The Ordering Agency will solicit its requirements in accordance with FAR 16.703 (d).

(5) A binding contract (Purchase Order) may be established when the Ordering Agency offers the BOA Holder a

Purchase Order (PO) and the BOA Holder accepts it in writing. All orders shall be accepted by the BOA Holder “in writing,” as defined in FAR 2.101.

(6) All POs shall reference the DLA BOA Holder’s Agreement number, and a DLA Energy generated sequential BOA number (DLA + 4-digit sequential number).

(7) Regardless of the BOA expiration date, the BOA Holder is responsible for delivering all supplies required under each PO and all modifications under each PO.

(8) Past Performance and adherence to FAR Part 9 – Responsibility of all BOA Holders will be reviewed at least every two years.

ORDERING PROCEDURES UNDER BASIC ORDERING AGREEMENTS

(a) This section sets procedures and criteria that will be used by authorized Ordering Agencies to place Purchase Orders against DLA BOA(s). Any resultant requirements shall be procured in accordance with the FAR 16.703 –Basic Ordering Agreements.

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

(b) Ordering Schedule: All ordering periods shall be written within the Request for Quote and the resultant Purchase Order pursuant to Section F of the BOA Terms.

(c) Competition: It is the responsibility of the Ordering Agency’s Contracting Officer or Government Purchase Card Holder to fully comply with FAR 16.703(d).

(d) Method for Determining Price: All prices must be agreed to before the order is issued.

(e) Method for Issuing Purchase Orders:

(1) Only Ordering Agencies listed in Section H, Table 1- Authorized Ordering Agencies are authorized to issue Requests for Quotes under this BOA in writing.

(2) Accelerated or streamlined procedures, such as email, phone or fax shall be utilized to the maximum extent practicable. E-mail is the preferred method to notifying BOA Holders of Purchase Order opportunities.

(3) In the event an Ordering Agency wishes to make an order using this BOA, the Ordering Agency shall:

(i) Issue orders under BOA (e.g. DD1155), Order for Supplies or Services, or on any other appropriate contractual instrument.

(ii) Incorporate by reference the provisions of the BOA;

(iii) If applicable, cite the authority under FAR 6.302 in each order; and

(iv) Comply with FAR 5.203 when synopsis is required by FAR 5.201.

(4) REC Types and quantities for each Purchase Order will be established upon issuance of a Request for Quote.

(5) The Ordering Agency may add local provisions or clauses (e.g. invoicing; payment, delivery schedule, etc…), provided they do not conflict with the BOA terms and clauses.

(6) The Ordering Agency intends to evaluate quotes within 10 business days. Any BOA Holder, or interested party (i.e.

prospective BOA Holder(s)) providing a quote to the Ordering Agency.

(7) The BOA Holder with the lowest evaluated quote shall be in line for award.

(8) The Government does not have to accept any quote.

(f) Ordering Limitation: There is no minimum ordering limitation. This BOA has an ordering capacity of $30,000,000 million amongst all BOA Holders over the 5-year ordering period cumulatively.

Section H, Table 1 - Authorized Ordering Agencies:

Authorized Ordering Agency Authorized Ordering Agency Address

DLA Energy

DLA Energy, Installation Energy, FEAAB 8725 John J Kingman Rd Fort Belvoir, VA 22060-6222

Department of Interior

Office of Procurement & Acq. Management 1849 C Street NW, Ste. 2607 Washington, DC 20240-0001

Department of Transportation - Volpe National Transportation Systems Center

US DOT/Volpe Center On Site Contracts & Simp Acq.

55 Broadway V222 Cambridge, MA 02142-1001

United States Air Force AFCEC/CN, 139 Barnes Drive Tyndall AFB, FL 32403

Department of Homeland Security – Customs and Border Patrol

1331 Pennsylvania Ave Washington DC 20230

Department of Homeland Security – FLETC

Department of Homeland Security Federal Law Enforcement Training Centers

(FLETC)

Environmental and Safety Division (ESD), Building 1131 Chapel Crossing Road Glynco, GA 31524

Department of Homeland Security – S&T

U.S. Department Of Homeland Security- Science & Technology 245 Murray LN SW Mail Stop 0202 Washington, DC 20035

Department of Homeland Security – ICE U.S. Immigration and Customs Enforcement ICE Sustainability Program

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

500 12th Street, SW Washington, D.C. 20536

Department of Homeland Security – Secret Service 245 Murry Drive, SW, Bldg T-5 Washington DC 20223

Department of Energy - Argonne

National Laboratory Building 46 46, 9700 South Cass Avenue Lemont, Il 60439

Department of Energy – Golden Alliance (NREL)

National Renewable Energy Laboratory 15013 Denver West Parkway Golden, CO 80401-3305

Department of Energy - LM

US Department of Energy C/O Office of Legacy Management 1000 Independence Avenue, SW Washington DC 20585

Department of Energy - NETL

NETL

626 Cochran Mill Road Pittsburgh, PA 15236

Department of Energy – Portsmouth and Paducah

US Department of Energy Portsmouth/Paducah Project Office 1017 Majestic Drive Lexington, KY 40513

Department of Energy – Richland P.O. Box 550 (H5-20) Richland, WA 99352

Department of Energy – West Valley 10282 Rock Springs Rd West Valley, NY 14171

Department of the Interior

U.S. Department of the Interior 1849 C Street, NW MS-4258 Washington, DC 20240

Department of Transportation – FAA

Federal Aviation Administration Berman800 Independence Avenue SW, 7NW-500 Washington, DC 20591

Department of Transportation - MARAD

U. S. Department of Transportation Maritime Administration 1200 New Jersey Ave SE Washington, DC 20590

Department of Transportation- Volpe

USDOT/Volpe Center, V240 55 Broadway Cambridge, MA 02142

Department of The Treasury

The Department of The Treasury 1500 Pennsylvania Avenue N.W.

Washington, DC 20220

Indian Health Services

5600 Fishers Lane, Rockville, MD 20857

National Aeronautics and Space Administration

NASA Headquarters, Facilities and Real Estate Mail Suite 2P88300 E St., SW Washington, DC 20546

National Institute of Environmental Health Sciences

National Institute of Environmental Health Sciences 111 TW Alexander Drive Research Triangle Park, NC 27709

National Institutes of Health

NIH

9000 Rockville Pike Bethesda, MD 20892

National Institute of Standards and Technology

National Institute of Standards and Technology

(NIST)

Bldg 428 100 Bureau Drive, Mail Stop 1900 Gaithersburg, MD 20899

United States Department of Agriculture – ARS 5601 Sunnyside Ave., Rm 4-1296 Beltsville, MD 20705-5123

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

United States Department of Agriculture – OPEM

USDA Office of Property and Environmental Management (OPEM) 1400 Independence Ave. S.W. (Mail Stop 9308) Washington DC 20250

United States Patent and Trademark Office 551 John Carlyle Street, Room 2A33,Alexandria, VA 22313

PART II-CONTRACT CLAUSE

SECTION I – CONTRACT CLAUSES

To view the FAR, offerors may use the following website: http://www.acquisition.gov/far/

For all questions concerning:

• Small Business, please e-mail: dla.energy.osbp@dla.mil.

52.204-13 –System for Award Management Maintenance (FAR) (OCT 2018)

(a) Definitions. As used in this clause—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1)The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2)The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3)The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4)The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes–

(1)Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2)Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3)Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c)The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)

(1)

(i)If a Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A)Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C)Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii)If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2)The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3)The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e)Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (FAR) (JUN 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (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. 2402).

_X_ (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14)

(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.

__ (15)

(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.

__ (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 (Nov 2021) ( 15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18)

(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.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) Rerepresentation (Mat 2023) ( 15 U.S.C. 657f).

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 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 (Sep 2021) ( 15 U.S.C. 637(m)).

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

__ (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 (Sep 2021) ( 15 U.S.C. 637(m)).

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

_X_ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

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

_X_ (30)

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

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

_X_ (31)

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

_X_ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

_X_ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

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

13496).

_X_ (35)

(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).

__ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (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.)

__ (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).

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

__ (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 (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 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 (Jun 2020) (E.O.

13513).

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

__ (46) 52.223-21, Foams (Jun2016) (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.

_X_ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 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 (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

__ (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 U.S.C. 5150).

_X_ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 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. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

(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).

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) 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) 52.203-19, 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(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 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.

DLA Energy - Energy Attribute Certificates (EACs) in the form of Renewable Energy Certificates (RECs)

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

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

(xi) 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.

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

(xiii)

(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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

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

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

(xix)

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense…