SV0149-24.pdf

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Attached to
Signage Sales and Marketing Federal contract opportunity
Solicitation number
SV0149-24
Issued by
Department of Justice Bureau of Prisons Correctional Facilities

About this file

This document is a Women-Owned Small Business (WOSB) solicitation for a commercial items indefinite-delivery, indefinite-quantity (ID/IQ) contract for interior and exterior sign products and services for the Federal Prison Industries (FPI), also known as UNICOR.

The solicitation seeks contractors to provide interior and exterior sign components and complete kits, including office/room signs, cubicle signs, directories, wayfinding signs, and custom routed seals. The contract will have a one-year base period with four one-year option periods. The anticipated effective date of award is June 11, 2024. This is a 100% small business set-aside with a 500 employee size standard. Vendors must submit proposals by May 24, 2024 at 2:00 PM EST. The solicitation will be evaluated on technical capability, past performance, and price, with technical capability being the most important factor. Multiple awards are possible, and all resulting contracts will be ID/IQ with delivery orders used to obligate funds.

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ADM01 - ATTACHMENT A.pdf PDF
Business Mgmt Quest. - SV0149-24.pdf PDF
Signage Pricing Sheet.xlsx XLSX spreadsheet

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Text version

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

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

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

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 Government 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: REFERENCE 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. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

5000003334 / 5000003350

SV0149-24 / 1620000217

Elizabeth McNealy

(850) 878-2173

CUM1 100

Cumberland Sign 14601 Burbridge Rd SE Cumberland, MD 21502-8724

Cumberland Sign 14601 Burbridge Rd SE Cumberland, MD 21502-8724

UNDETERMINED SOURCE

NA BLANK

WASHINGTON, DC 20534

TELEPHONE NUMBER

UNICOR

FPI Central Accounts Payable PO Box 11849 Lexington, KY 40578-1849

See Section B 1620000217

Elizabeth McNealy

339950

500 Emp

4/23/2024

4/23/2024

5/24/2024 2:00 P.M.

Cumberland Sign 14601 Burbridge Rd SE Cumberland, MD 21502-8724

X

TERMS OF DELIVERY ARE F.O.B. ORIGIN PREPAID TO:

UNICOR, Federal Prison Industries, Inc.

Cumberland Sign Factory (CUSG)

14601 Burbridge Road, SE

Cumberland, MD 21502

NOTE: For non-kit (phase one) signage items, the shipping address will change to the customer's location and will be specified in the delivery order.

UNICOR's desired delivery is 15 calendar days or sooner for the Sign Kits. Deliveries for non-sign kit items will be determined at the time of issue of delivery order, based on customer's requested date and industry lead times. Vendors are required to provide their best manufacturing/delivery time for evaluation, and delivery schedule will be established at time of contract award. Delivery orders will be issued in accordance with

52.216-19.

SOLICITATION IS 100 % SET-ASIDE FOR SMALL BUSINESS.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO:

elizabeth.mcnealy@usdoj.gov. QUESTONS ARE TO BE SUBMITTED IN WRITING VIA EMAIL NO LATER

THAN THURSDAY, MAY 9, 2024, AT 10:00 A.M. EASTERN STANDARD TIME (EST). QUESTIONS/ANSWERS

WILL BE POSTED VIA AN AMENDMENT TO THIS SOLICITATION AT WWW.SAM.GOV. NO PHONE CALLS

PLEASE.

Vendors shall submit signed and dated offers by email. Email address is:

ELIZABETH.MCNEALY@usdoj.gov

The date and time for receipt of proposals is due FRIDAY, MAY 24, 2024, at 2:00 p.m.

EASTERN STANDARD TIME (EST). Offer must indicate Solicitation No. SV0149-24, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.

Due to security considerations, do not send offers via U.S. mail. Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:

SAM UNIQUE ENTITY NUMBER: ______________________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX NUMBER: _______________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

mailto:CLARA.ROBERTS@usdoj.gov http://www.fbo.gov/ mailto:clara.roberts@usdoj.gov

VENDOR'S BUSINESS SIZE FOR NAICS CODE 325211 (i.e. SMALL, LARGE, ETC.):

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to submitting a quote, during performance and through final payment of any contract resulting from this solicitation.

Signature and Date

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES QUANTITY U/M UNIT PRICE AMOUNT IN US$ PR Number DEL. DATE

0001 SEE ATTACHED SIGNAGE 5000003334

WORKBOOK PRICING SHEET 5000003350

TO PROVIDE PRICING

INFORMATION

NOTE: DO NOT SUBMIT PRICING FOR SECTION B. PRICING SHOULD BE SUBMITTED ON THE ATTACHED

PRICING EXCEL WORKBOOK, WHICH IS INCLUDED AS AN ATTACHMENT TO THIS SOLICITATION.

PART I: INFORMATION

Federal Prison Industries (FPI), which operates under the trade name UNICOR, is a wholly-owned Government Corporation within the Department of Justice, under the Federal Prison

System. The Corporation was created by Congress in 1934, and provides employment, education, and training opportunities to inmates under Federal custody. UNICOR operates numerous factories in over 81 locations. Its production lines are extensive and include over 250 different products and services sold to other Federal Agencies and the

Department of Defense.

GENERAL INTENTION: It is the intent of this solicitation to result in a one base year with four - one year options, if exercised, Indefinite-Delivery, Indefinite Quantity Type

Contract for Interior and Exterior Sign Products and Services to be delivered to FCI

Cumberland, Federal Prison Industries, 14601 Burbridge Road, S.E., Cumberland, MD 21502.

Performance Period(s): The anticipated effective date of award (EDOA) is June 11, 2024.

Base Year: Effective Date of Award (EDOA) through 12 months from EDOA

Option Year 1: 13 months from EDOA through 24 months from EDOA

Option Year 2: 25 months from EDOA through 36 months from EDOA

Option Year 3: 37 months from EDOA through 48 months from EDOA

Option Year 4: 49 months from EDOA through 60 months from EDOA

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is SV0149-24 and this solicitation is issued as a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2024-04. The Primary North American Industry Classification System code is

339950 for Sign Manufacturing. This requirement is 100% Set Aside for Small Business.

The size standard for this solicitation is 500 employees. UNICOR, Federal Prison

Industries, Inc., intends to enter into a Base Year and Four - One Year Option Periods, Indefinite-Delivery, Indefinite Quantity (ID/IQ) contract for the following commercial item(s):

DO NOT SUBMIT PRICING FOR SECTION B. PRICING SHOULD BE SUBMITTED ON THE ATTACHED PRICING

EXCEL WORKBOOK, WHICH IS INCLUDED AS AN ATTACHMENT TO THIS SOLICITATION.

MULTIPLE AWARDS ARE POSSIBLE.

Any contract resulting from this solicitation will not be an obligation. Funds will be obligated by delivery orders.

ADMINISTRATIVE INFORMATION:

Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer.

This responsibility may be delegated to an Administrative Contracting Officer by the

Contracting Officer.

Administrative Contracting Office (ACO): Elizabeth McNealy (elizabeth.mcnealy@usdoj.gov) shall be the ACO for resultant contract(s). This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.302(a), items

1 through 70; to the extent those functions apply to this contract. This assignment also includes delegation of authority to perform functions specified in FAR 42.302(b), items 1 through 11.

Authorized Ordering Officials: Delivery orders may be issued only by the Contracting

Officer, Administrative Contracting Officer, or an ordering official for Federal Prison

Industries with an appropriate certificate of appointment. Each delivery order will identify the delivery schedule for that period. Orders can be issued by facsimile, mail, or electronic commerce methods. A Standard Form (SF) 1449 will be used as the delivery order.

NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:

In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Field Administrative Contracting

Officers at UNICOR Beaumont or in writing, giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.

THE OFFER ACCEPTANCE PERIOD IS 60 BUSINESS DAYS.

Best Commercial Customer Category:

Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the Contractor and as such, the Contractor will:

During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the

Contractor to be their most favored or best commercial customer.

1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-

i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;

ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, and/or

iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.

2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers). The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period. The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date.

Future requirements for these or similar items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.

Packaging shall comply with the specifications of ASTM D-3951-95, standard practice for commercial packages.

INVOICES ARE TO BE EMAILED TO (PREFERRED METHOD TO SUBMIT):

accounts.payable@usdoj.gov

Or INVOICES MAY TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable (CUSG)

P.O. Box 11849

Lexington, KY 40578-1849

ATTN: Supervisory Operating Accountant

PH: 1-800-827-3168

**PLEASE INCLUDE THE DELIVERY ORDER NUMBER ON ALL INVOICES TO ENSURE PROMPT PAYMENTS. ALL

INVOICES SUBMITTED WITHOUT THE DELIVERY ORDER NUMBER WILL BE RETURNED TO THE VENDOR

WITHOUT PAYMENT.

STATEMENT OF WORK (SOW)

INTRODUCTION

Federal Prison Industries (“FPI”) known widely by our trade name, UNICOR, is a crucial U.S. Government program with a mission to rebuild the futures of individuals who have taken wrong turns in life. UNICOR’s program trains federal offenders in valuable “real world” job and life skills which, upon release from prison will enhance their employment prospects and lead to reentry success within our communities. Our factories provide products and services to the Federal Government and to the private sector.

A program within UNICOR is the Services Business Group. This group provides business services to other government agencies. UNICOR is looking for contractor(s) to provide the activities/services in accordance with the below Statement of Work (SOW).

1. Scope of Project / Description of Services

FPI intends to grow its signage offering and is seeking contractor(s) to supply interior and exterior architectural sign components and complete kits. FPI intends to grow its signage program by increasing sales volume and increasing the range of products offered to government and private sector clients.

All interior and exterior signage solutions proposed by awarded contractor(s) will become part of FPI’s signage program. Contractor(s) may submit a proposal for interior signage, exterior signage, or both. Wayfinding and Routed Seals are to be in addition to interior and exterior signage solutions.

A. Interior Signage

• FPI is seeking contractor(s) to supply various types of Interior Sign Components and Complete Interior Sign Kits to make the signs.

• Interior Sign Components means material required to produce the signage.

• Complete Interior Sign Kits means all components required to assemble the sign, cut- to-size and ready for FPI to paint or apply graphics, and assemble.

• Interior sign types are to include individual office/room signs, cubicle signs, larger directories, and wayfinding signs. Contractor(s) may also propose other types of signs, but their offering must at a minimum include office/room signs, cubicle signs, larger directories, and wayfinding signs.

• All proposed products shall include a selection of Americans with Disabilities Act (ADA) compliant sign components or complete sign kits.

• FPI will purchase interior sign components or complete kits from awarded contractor(s) and will assemble and print customer-supplied text on each sign. Contractor(s) will not be responsible for painting, printing on or assembly of signs. FPI has the capability to paint, print on and assemble sign components and kits in- house. (See Production Support section for exceptions.)

B. Exterior Signage

• FPI is seeking Contractor(s) to supply various types of Exterior Architectural Sign Components and Complete Exterior Sign Kits to make the signs.

• Exterior Architectural Sign Components means material required to produce the signage, such as extruded aluminum posts and aluminum sign blanks, channel lettering and various wall mount sign types. Aluminum sign blanks may or may not be painted a pre-primer white color.

• Complete Exterior Sign Kits means all components and hardware required to assemble the signage, cut to a specified size, primed white, and ready for FPI to paint or apply graphics, and assemble.

• Contractor(s) may also propose other types of exterior signs.

• FPI will purchase exterior architectural sign components or complete kits from awarded Contractor(s) and will assemble and print customer-supplied text on each sign. Contractor(s) will not be responsible for painting, printing on or assembly of signs. FPI has the capability to paint, print on and assemble sign components and kits in-house.

(See Production Support section for exceptions.)

C. Product Training Support

• Contractor(s) are required to provide initial product training to factory staff and inmates. Training must occur on-site at the Cumberland, Maryland, factory.

• Contractor(s) are required to provide ongoing product training when any product changes, upgrades and/or enhancements occur. When product changes, upgrades and/or enhancements occur, Contractor(s) are required to provide advance notification and training to the factory staff and inmates to ensure FPI has ample ramp up time to account for the manufacturing changes. Due to the varying nature of what a product change, upgrade and/or enhancement could entail, the number of days of advance notification is to be mutually agreed upon by UNICOR and awarded Contractor(s).

• Contractor(s) are required to supply initial specifications/drawings of each proposed sign (exception for custom routes seals) and instructions on how to assemble each proposed signage kit to the factory staff.

• Contractor(s) will be responsible to update specifications/drawings for signage kits and instructions on how to assemble each proposed sign with every product change, upgrade or enhancement that occurs.

D. Wayfinding Services

• Contractor(s) shall also indicate if they offer wayfinding services and provide information on those services.

Contractor(s) are not required to offer wayfinding services, but FPI is interested in Contractor(s)’ ability to offer these services.

• Wayfinding Services includes on-sight survey at customer location, analysis, planning, design and implementation of wayfinding services for both interior and exterior signage, when requested by customer.

E. Custom Routed Seals

• Contractor(s) shall indicate if they offer the ability to produce custom routed seals and provide information on those services. Contractor(s) are not required to offer custom routed seals, but FPI is interested in Contractor(s)' ability to offer these services.

• Custom routed seals shall use UNICOR provided artwork for design which will be added to the sales order.

• Contractor(s) shall ship all completed custom routed seals directly from their warehouse and provide shipment and receiving information to UNICOR.

F. Product Upgrade Options

• If during the term of the UNICOR-Contractor agreement, the Contractor upgrades their product, FPI shall have the option to upgrade the products it offers in the future to maintain the marketability of the FPI signage program.

• If during the term of the UNICOR-Contractor agreement, the Contractor upgrades their product, FPI shall retain the right to continue to offer the initial product and Contractor shall continue to support such product.

• FPI retains the right not to assemble, manufacture or sell any product the awarded Contractor sells or manufactures.

G. Production Support

• In the event FPI cannot manufacture the signage product requested by the customer, the Contractor would be required to manufacture, assemble, paint, print on, apply graphics, and complete and deliver the product on behalf of FPI. Those instances would be during an institutional lockdown or when the signage includes a production process that due to the correctional environment, cannot be produced inside the secure premises of the institution.

Examples would be 3D printing of all ADA signs, URL signage, any sign frame that would need to be welded, etc. In these instances, the sales orders must include UNICOR produced components for these jobs.

H. Product Marketing Support

• Contractor(s) shall fully support FPI in the marketing of its signage products.

• Contractor shall allow and support FPI to advertise in print, digitally, electronically, and specifically, on the FPI website.

• Contractor(s) shall furnish FPI with each proposed product’s patent name, insignia, symbol, trademark, tradename, or logotype (or any abbreviation or adaption) and allow it to be published in any FPI publicity, advertising, news release or marketing literature, in both print and electronically.

• Upon award, Contractor(s) shall supply photos and graphic artwork of all interior and exterior signage product components, kits, and finished signage products to enable FPI to advertise signage products on their website.

I. Installation of Products

• Contractor(s) will be required to provide installation services to awarded contracts for agencies requesting installation of interior and exterior signage.

• If Wayfinding services are offered and included in contract award, the Contractor(s) will be required to provide installation services for agencies requesting installation.

J. Oral Presentations

• Contractor(s) may be required to travel to the UNICOR Central Office in Washington, DC, to present their signage product offering and meet with FPI personnel prior to award.

K. On-Site Visit

• Contractor(s) may be required to present their signage product offering and meet with FPI personnel at their factory or office location post-award.

2. Scheduling, Delivery & Location

• To enable FPI to be competitive in the marketplace, FPI’s strong preference for delivery is that all component and kit deliveries arrive on-site in Cumberland, Maryland, within 15 business days upon receipt of a delivery order.

• Contractor(s) shall provide their minimum standard lead time for every interior and exterior signage product offered.

• For all custom or non-standard signage components, kits and products, Contractor(s) will be required to confirm the lead time with FPI. Delivery date will be based on industry lead time and customer requested date.

• All deliveries for sign kits are to be made to the Cumberland, Maryland, factory. Deliveries may be made Monday thru Friday between 7:00am ET and 3pm ET, excluding all Federal holidays.

• Deliveries for custom routed seals, wayfinding services, and production support items will be based on the customer's address.

3. Warranty

• All signage components and kits shall be warranted to be free from defects in design, workmanship, and materials for a minimum of five (5) years.

• Contractor shall correct, repair, or replace any nonconformance at its sole expense.

• In the event a product defect has been identified after installation, Contractor(s) shall be 100% responsible to correct, repair or replace any nonconformance at its sole expense, including manufacturing, assembling, painting, printing on, applying graphics and delivery of product.

4. Term

• FPI is seeking Contractor(s) to supply interior and exterior signage components and kits for a five (5) year term. The issued contract will be structured with a one (1) base year and four (4) option years.

• The contract term is estimated to begin and end JUNE 11, 2024 – JUNE 10, 2029.

PART II: CLAUSES

52.252-2, Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): _www.acquisition.gov

52.252-6, Authorized Deviation in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48

CFR Chapter 1) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any _____ [insert regulation name] (48

CFR _____) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

(End of clause)

52.204-4, Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.212-4, Contract Terms and Conditions - Commercial Items (DEC 2022)

52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders — Commercial Products and Commercial Services (FEB 2024)

(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).

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

3509)).

__(3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

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

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__(6) [Reserved].

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

__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section

102 of Division R of Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023)

(Pub. L. 115–390, title II).

__(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition. (Dec 2023) (Pub. L. 115– 390, title II).

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

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).

__(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]

X (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)).

__(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.

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

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

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

X (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.

X (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__(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 Representation (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 WomenOwned 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) (15U.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).

__(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.)

X (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__(44) (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.

__(45) (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.

__(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

__(47) (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 (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(Jun 2020) (E.O. 13513).

X (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

X (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__(51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__(52) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

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

__(53) (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.

__(54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (55) 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).

__(56) 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).

__(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) (42 U.S.C. 5150).

__(59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__(60) 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).

__(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018) (31 U.S.C. 3332).

__(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

X (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__(65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__(67) (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-

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

3509).

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

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub.

L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) (Pub. L. 115– 390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

793).

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

(May 2014) (41 U.S.C. chapter 67).

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

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

2022).

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

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to

"paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II (Feb 2024). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and

(c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

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

(D) 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).

(E) 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).

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

(G)__( 1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

__(2) Alternate I (Dec 2023) 52.204-30.

(H) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (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.

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

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

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

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

793).

(M) 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.

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

(O) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter

78 and E.O 13627).

__ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(P) 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).

(Q) 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).

(R) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

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

2022).

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

(U)__ (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (2) Alternate I (Jan 2017) of 52.224-3.

(V) 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).

(W) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(X) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(Y) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021)

(46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(END OF CLAUSE)

52.216-18, Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through contract expiration [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number;

or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19, Order Limitation (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $100,000.00 ;

(2) Any order for a combination of items in excess of $150,000.00 ; or

(3) A series of orders from…

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