SPE4AX25R0001_RFP.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000185261

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE4AX-25-R-0001

5. SOLICITATION NUMBER

2024 NOV 14

6. SOLICITATION ISSUE

DATE

John Henley PARFJ23

a. NAME

Phone: 804-279-2041

b. TELEPHONE NUMBER (No Collect calls)

2025 MAR 17

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE4AX

DLA AVIATION

SMSG AVIATION SUP CH CORPORATE LTC

6090 STRATHMORE ROAD

RICHMOND VA 23237

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

336411NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 3 of 123

SPE4AX-25-R-0001

Source Selection – FAR 2.101 and 3.104

The submission deadline for questions is 1600 on 3 March 2025, or two weeks ahead of the close date.

Full text of all clauses and provisions can be found at the following websites:

FAR: https://www.acquisition.gov/?q=browsefar DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

List of RFP Attachments: (highlighted items not finalized)

1. Pricing Worksheet (Core List, Supplemental Pricing Worksheet, Kitting)

2. Schedule of Items

3. Purchase Order Text / Product Item Description

4. Quality Matrix

5. Cross Reference Matrix

6. Demand history

7. SubContractor / Teaming Partner Consent Form

8. DLA stock position

9. GFE

Block 7 Points of Contact Contracting Officer: John H. Henley III; john.henleyiii@dla.mil; (804) 279-2041 Acquisition Specialist: Morgan Smith; morgan.smith@dla.mil; (804) 807-0400

Block 17a:

Offeror’s assigned Unique Entity Identifier: ___________________ (If you do not have a Unique Entity Identifier, contact the individual identified in Block 7a, or see 52.212-1, Instructions to Offerors – Commercial Items (paragraph j) for information on contacting sam.gov.)

Offeror’s assigned CAGE Code: _____________________

Block 17b:

Remittance Address: (If different from Contractor/Offeror address in block 17a.)

AUTHORIZED NEGOTIATIONS:

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.

Blocks 19-24: Schedule of Supplies and Prices The Schedule of Items (SOI) is attached. There are approximately 9,400 items in the initial SOI for the Generation II CCAD IPV. Given the nature of the requirement, it is anticipated that additional items meeting https://www.acquisition.gov/?q=browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

CONTINUATION PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 4 of 123 the definition of bench stock/consumable material may fall within the scope of this contract in the future and be added to the SOI. Items listed in this document represent the potential items that shall be made available under any resulting contract; however, this list may not be all-inclusive and the Product-support Vendor may be required to furnish other consumable items not currently listed. The type of items the Contractor shall be required to provide as part of their supply chain management responsibilities are catalogued under Federal Supply Class (FSC) 1005, 1055, 1090, 1095, 1240, 1270, 1280, 1420, 1430, 1440, 1450, 1560, 1610, 1615, 1620, 1630, 1640, 1650, 1660, 1670, 1680, 1730, 2030, 2510, 2520, 2530, 2540, 2590, 2610, 2640, 2805, 2810, 2815, 2835, 2840, 2910, 2915, 2920, 2925, 2930, 2935, 2940, 2945, 2950, 2990, 2995, 3010, 3020, 3030, 3040, 3110, 3120, 3130, 3230, 3426, 3431, 3433, 3439, 3455, 3460, 3530, 3611, 3655, 3694, 3805, 3910, 3930, 3940, 3990, 4010, 4020, 4030, 4130, 4140, 4210, 4220, 4240, 4310, 4320, 4330, 4440, 4460, 4510, 4520, 4610, 4710, 4720, 4730, 4810, 4820, 4920, 4930, 4931, 4935, 4940, 5110, 5120, 5210, 5305, 5306, 5307, 5310, 5315, 5320, 5325, 5330, 5331, 5335, 5340, 5342, 5355, 5360, 5365, 5410, 5411, 5430, 5620, 5815, 5820, 5821, 5826, 5831, 5835, 5836, 5840, 5841, 5845, 5850, 5855, 5860, 5865, 5895, 5905, 5910, 5915, 5920, 5925, 5930, 5935, 5940, 5945, 5950, 5955, 5960, 5961, 5962, 5963, 5965, 5970, 5975, 5977, 5980, 5985, 5990, 5995, 5996, 5998, 5999, 6020, 6035, 6060, 6105, 6110, 6115, 6125, 6130, 6135, 6140, 6145, 6150, 6160, 6210, 6220, 6230, 6240, 6250, 6340, 6510, 6515, 6605, 6610, 6615, 6620, 6625, 6635, 6640, 6645, 6650, 6665, 6670, 6680, 6685, 6695, 6720, 6750, 6760, 6840, 6850, 6910, 6930, 7025, 7035, 7045, 7050, 7510, 7690, 8110, 8120, 8125, 8140, 8145, 8305, 8310, 8315, 8345, 8465, 9150, 9160, 9320, 9330, 9340, 9390, 9505, 9515, 9525, 9530, 9535, 9540, 9905.

The pricing sheet will include description information sufficient to provide the offeror with enough information to determine an item’s logistics status. The following information is being provided:

• NSN (National Stock Number) as found in FEDLOG

• Total Quantity is the total estimated annual quantity for the item.

• Unit of Issue is the unit of measure for pricing (i.e.: EA, HD, etc.)

• Worldwide Demand Quantity is the annual estimated quantity to support the balance of DLA

Customers. Worldwide Demand will apply for any item when the CCAD demand for that item is greater than or equal to 40% of DLA’s total demand.

The schedule of items (Attachment 2) will be broken into two populations:

• DLA Sourced Items (DSI): items the IPV Contractor is required to obtain from DLA, are not eligible from Contractor sourcing, and are subject to backup support

• Vendor Sourced Items (VSI): core list items which the IPV Contractor will provide from their commercial suppliers (after pricing acceptance by the Contracting Officer)

CORE LIST AND SCHEDULE OF ADDITIONAL ITEMS

A. Core List of Items.

Consists of items of spare parts and industrial hardware, designated by National Stock Number, commercially priced at the time of contract award. The core list of priced items will be included in the contract as Attachment 1.

B. Supplemental Schedule of Items.

Consists of items of spare parts and industrial hardware for which specific Customer site support is required under the contract but are items that were not priced for vendor commercial support at the time of contract award. The Contractor may not provide such items from commercial sources until such time as an agreement as to price has been reached. Prior to price agreement, the Contractor shall use its assigned Department of Defense Activity Address Code (DoDAAC) to obtain the items from DLA.

CONTINUATION PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 5 of 123

Source Selection – FAR 2.101 and 3.104

A site visit will occur on 3 December 2024 and will also include a preproposal conference to explain the requirements of this solicitation (number SPE4AX-25-R-0001) and to respond to questions raised by prospective offerors. Prospective offerors are encouraged to attend. The registration deadline is 1600 EST on 20 November 2024. To arrange attendance, prospective offerors are requested to contact:

Name: John H Henley III Telephone: 804-279-2041 E-mail Address: John.HenleyIII@dla.mil Alternate Name: Morgan Smith Telephone: 804-807-0400 E-mail Address: Morgan.Smith@dla.mil The date, time, and location of the conference are provided below:

Date: 3 December 2024 Estimated Start Time: 0800 CST Location: Corpus Christi Army Depot

Note: Specific instructions to follow

ITEM NO. SUPPLIES/SERVICES AMOUNT

0001 Commercially Sourced Material (Base Period)

0002 Material Management (Base Period)

0003 Transition (Base Period)

0004 Kitting Surcharge (Base Period)

1002 Material Management (Option 1)

NOTES:

• CLIN 0001 – Commercial priced material prices are established and are subject to an Economic Price

Adjustment (EPA) pursuant to Procurement note C09 on an annual basis.

CONTINUATION PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 6 of 123

PID Data PID Data included in Attachment 3

Part 12 Clauses

52.212-04 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023) FAR is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/browse/index/far. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either HTML or PDF links.

Addendum to 52.212-04:

The following paragraphs of 52.212.04 are amended as indicated below:

[X] paragraph (g), Invoice.

The following additional invoicing instruction applies* *Note: Additional Invoicing Instructions are provided for the site-specific portion of the contract.

1. Invoice Preparation Note: Invoice prices are exclusive of any DLA surcharge. Invoice quantities shall be net of receiving non-conformances (e.g.; shortage, wrong item). Invoice period will be no less frequent than monthly.

(a) Invoices shall be submitted to the Government in accordance with the provisions of FAR 52.212- 4(g), “Contract Terms and Conditions - Commercial Items” (NOV 2023) in accordance with this addendum.

(b) All invoices are to be submitted electronically. Invoices shall be submitted every thirty days, beginning on a mutually agreeable date determined in the implementation phase. Each subsequent billing cycle shall consist of 30 days period thereafter.

The summary document numbers used on the 855 and 810 for each order type will be as follows:

NSN Order Type Order Type Code Serial Number Series TBD Vendor Sourced Material CMO CM01 TBD Spot Buys SBO SB01 TBD Material Management SVC IN01

NOTE: For World Wide Demand delivery orders, the Contractor will invoice DLA under traditional individual invoice processing per order.

The following X12 EDI transactions will be required to be submitted:

855 – Purchase Order Acknowledgement. An 855 will be submitted for each order type. The 855 will include a line item for each item delivered in the invoice period.

810 – Invoice. An 810 will be submitted for each order type. There should be a corresponding invoice line for each line in the 855. Therefore, it is critical to maintain the same line item protocol used in the 855 on the 810.

(i) Invoices shall be submitted only for supplies that have been delivered to and have been placed in consumable spare parts areas at any of the military Customers identified under this contract. The placement of the supplies in the parts area shall be deemed “first receipt” by the Government for purposes of the submission of invoices for material. Each invoice submitted for material shall be a https://www.acquisition.gov/browse/index/far

CONTINUATION PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 7 of 123 summary invoice for the aggregate contract value of the supplies deposited in the stock areas during the invoice period.

(ii) The aggregate contract value for supplies delivered during the invoice period shall be calculated by determining the sum of the contract values of all items of supply deposited in stock areas during the invoice period. The contract values of the items of supply deposited in stock areas during the invoice period shall be calculated by multiplying the quantity of each item of supply deposited in a stock area during the invoice period by the contract unit price for that item of supply.

2. Submission of Invoice by Electronic Data Interchange (EDI). Applicable for invoices under Subparagraph 1(b)(i) above.

(a) An invoice shall be submitted in accordance with ANSI X12 Standards, 810 Transaction set. All electronic invoices must be transmitted through a VAN. The cost of the VAN will be borne entirely by the vendor. The Contractor must be able to send an ANSI X12 invoice (810) transaction set as of the date of award, and must establish an EDI Trading Partnership (i.e. account) with the payment office prior to submitting electronic invoices and in accordance with the EDI-IPV provision of this contract.

(b) The Contractor shall invoice only for the total dollar value of the product cited on the electronic invoice which shall be based solely on contract price. The contract designation, consisting of thirteen (13) alpha/numeric characters, shall be cited in its entirety on the electronic invoice.

(c) Invoices shall be submitted to the payment office identified in block #18a. On page 1 of this contract.

(d) The Contractor agrees that submission of an invoice to the Government for payment is a certification that the supplies for which the Government is being billed have been shipped or delivered in accordance with the contract, for the quantities shown in the invoice, and that such supplies are in the quantity and quality designated under the contract. The Contractor agrees to retain shipping receipt documents provided to the carrier by the consignee(s) for a period of three (3) years and to furnish these documents to the Government if required for audit purposes.

(e) For purpose of computing any and all discounts either offered by the Contractor or earned by the Government, FAR 52.232-8, Discounts for Prompt Payments, shall govern.

(f) In the event that “on-line” capability through EDI is not available, the Contractor will prepare a separate invoice with a minimum of three (3) copies (original and two copies) and submit the invoice to the contracting office cited on page 1, block # 18a.

3. Additional Invoicing and Reporting Requirements.

Invoices for vendor sourced material shall be submitted only for material that has been placed in bins or consumable spare parts areas that the military Customers have identified under this contract (i.e. “point of sale”). Such placement shall be deemed “first receipt” by the Government for purposes of the submission of invoices for commercial material. Each invoice submitted for commercial material shall be a summary invoice for the aggregate contract value of the supplies deposited in the stock areas during the invoice period. The aggregate contract value for supplies delivered during the invoice period shall be calculated by determining the sum of the contract values of all items of supply deposited in stock areas during the invoice period. The contract values of the items of supply deposited in stock areas during the invoice period shall be calculated by multiplying the quantity of each item of supply deposited in a stock area during the invoice period by the contract unit price for that item of supply.

Invoices for material management shall be submitted monthly based on the total of the monthly material management fees on the contract.

CONTINUATION PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 8 of 123

Invoices for Spot Buys shall be submitted for spot buys that have been delivered to and placed in bins or delivery location/areas at any of the military Customers identified under this contract. Such placement shall be deemed “first receipt” by the Government for purposes of the submission of invoices for spot buys. Each invoice submitted for spot buys shall be a summary invoice for the aggregate contract value of the spot buys deposited in the stock areas during the invoice period. The aggregate contract value for spot buys delivered during the invoice period shall be calculated by determining the sum of the contract values of all spot buys deposited in stock areas during the invoice period. The contract values of the spot buys deposited in stock areas during the invoice period shall be calculated by multiplying the quantity of each item of spot buys deposited in a stock area during the invoice period by the spot buy unit price for that item.

Invoices for World Wide Demand orders shall be submitted in accordance with the invoicing information contained on the corresponding DD 1155.

By means mutually agreed upon by the parties, the Contractor shall submit to the Contracting Officer, at the same time it submits an above referenced invoice, an Invoice Back Up or Usage Report (format as prescribed at PWS Para 6.2) for each item for which reimbursement is requested under the most recent invoice. The list shall reference the Contractor’s invoice number on which the parts considered are to be paid. The Contractor’s failure to provide this information on a timely basis and/or as discussed above, may result in a determination of non-performance under the contract unless otherwise determined by the Contracting Officer.

[X] Paragraph (j), Risk of Loss

Delete paragraph (j) in its entirety and substitute the following:

Notwithstanding any other provision of this contract, risk of loss or damage to supplies shall remain with the Contractor, and shall pass to the Government upon delivery to a work station or bin at a specific Customer site, or to the DLA Supply Depot or other storage site specified in a Delivery Order in support of the worldwide demand component of the contract.

[X] paragraph (m), Termination for Cause.

Delete paragraph (m) in its entirety and substitute the following:

(m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

[X] Paragraph (n), Title

Delete paragraph (n) in its entirety and substitute the following:

CONTINUATION PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 9 of 123

Title to supplies furnished under this contract shall pass to the Government upon delivery to a work station or bin at a specific Customer site, or to the DLA Supply Depot or other storage facility designated in a Delivery Order as part of the worldwide demand component of the contract.

[X] Paragraph (o), Warranty

Delete paragraph (o) in its entirety and substitute the following:

(a) Seller expressly warrants to buyer that, at the time of delivery of any article, such article will be free from defects in material and workmanship, and will otherwise conform to all requirements of the contract, including, but not limited to the following:

(i) Applicable specifications, drawings and standards listed in the DoD Index of Specifications and Standards (DODISS);

(ii) Applicable Government drawings, unlimited rights company drawings, and specifications and standards other than Federal or Military specifications and standards:

(iii) Applicable manufacturers’ (OEM) drawings, specifications and standards;

(iv) Applicable industry specifications and standards; and,

(v) Specific technical requirements for specific Original Equipment Manufacturers” Part Numbered items described in the Contract Technical Data Files for items identified in this contract.

Contractor agrees to replace or repair defective parts under this warranty.

(a) Except as provided in Paragraph (b) below, this warranty shall be effective for a period of one calendar year from the date on which the article is delivered, or for the period accorded to the Contractor by its subContractor/vendor, whichever is later. Any part, which is replaced or repaired, is expressly warranted for the identical period, commencing from the date the part is delivered.

(b) In the event of a latent defect, fraud, or gross mistake as amounts to fraud, there shall be no time limit upon which the Government must exercise a remedy relating to the delivery of a nonconforming article to a consumable spare parts area.

[X] Paragraph (p), Limitation of Liability

Delete paragraph (p) in its entirety and substitute the following:

Except as otherwise provided by an express or implied warranty, Contractor will not be liable for consequential damages resulting from any defect or deficiencies in items delivered and accepted under this contract.

[X] Paragraph (s), Order of Precedence

Delete paragraph (s) in its entirety and substitute the following:

Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) Performance Work Statement;

(2) the schedule of supplies/services;

(3) the Assignments, Disputes, Payments, Invoice, Other Compliances and Compliance with Laws Unique to Government Contracts paragraphs of this clause;

(4) the clause at FAR 52.212-5;

(5) addenda to this contract; including any license agreements for computer software;

(6) other paragraphs of this clause;

(7) the Standard Form 1449;

(8) other documents, exhibits, and attachments;

(9) the specification; and

(10) Contractor’s proposal.

CONTINUATION PAGE REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 10 of 123

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAY 2024) FAR

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business SubContractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on SubContractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community— see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

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

C).

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

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

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

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub.

L. 115–390, title II).

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

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30

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_X_ (12) 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_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

_X_ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

_X_ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

_ _ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

_X_ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

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

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

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

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50

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__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

_X_ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (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) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

_X_ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O.

13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/52.232-34#FAR_52_232_34

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__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business SubContractors (Jan 2017) (15 U.S.C. 637(d)(13)).

_X_ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

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

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

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

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

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

(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-https://www.acquisition.gov/far/52.232-36#FAR_52_232_36 https://www.acquisition.gov/far/52.239-1#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 https://www.acquisition.gov/far/52.222-43#FAR_52_222_43 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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