W912JF24R0009 Fitness Center Solicitation.pdf

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Fitness Center Management Services on Camp J. T. Robinson in No. Little Rock, Arkansas
Solicitation number
W912JF24R0009
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This document is a Solicitation for commercial Fitness Center Management Services on Camp Joseph T. Robinson in North Little Rock, Arkansas. The U.S. Army National Guard is seeking proposals from small business contractors to provide full-service fitness center management, including supervision, equipment maintenance, facility cleaning, and fitness instruction. The resulting firm-fixed-price contract will have a base period of one year with four one-year option periods. Proposals are due by the specified due date, and award will be made based on a best value determination considering the offeror's relevant experience, past performance, and pricing. The Performance Work Statement details the government's requirements, including operating hours, staffing, and specific services. Applicable wage determinations and other FAR/DFARS clauses are included. No site visit is currently planned, but instructions will be provided if one becomes necessary.

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0012057560

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL:

3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

a. NAME

RALPH GRINNELL

5. SOLICITATION NUMBER

W912JF24R0009

b. TELEPHONE NUMBER

501-212-4412

(No Collect Calls)

6. SOLICITATION ISSUE DATE

8. OFFER DUE DATE/LOCAL TIME

9. ISSUED BY

USP&FO FOR ARKANSAS

CODE W912JF 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE:

WOMEN-OWNED SMALL BUSINESS (WOSB)

100 % FOR:

ATTN: RALPH GRINNELL, CAMP ROBINSON

NORTH LITTLE ROCK AR 72199-9600

TEL: 501-212-4412

FAX:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

713940

SIZE STANDARD:

$17,500,000

11. DELIVERY FOR 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

SEE SCHEDULE

X RFQ

IFB RFP

15. DELIVER TO

CODE W90MMT 16. ADMINISTERED BY

CODE

PEC FITNESS CENTER

TIMOTHY A. BUSHEE

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

TEL: (501) 212-6545 FAX:

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

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

SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 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 0 29. AWARD OF CONTRACT: REF.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND OFFER DATED . YOUR OFFER ON SOLICITATION

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

(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

TEL:

EMAIL:

(TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

X

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS 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

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

Section SF 1449 - CONTINUATION SHEET

SF1449 ADDENDUM

Questions to this solicitation shall be furnished electronically to Contract Specialist: Mr. Ralph

Grinnell ralph.d.grinnell.civ@army.mil and Mr. Mark White mark.c.white20.civ@army.mil by close of business on the fifth business day after this notice has been posted to SAM.gov.

The proposal submitted in response to this solicitation shall be furnished electronically to the Contract

Specialists identified as the Primary and Secondary Points of Contact on the SAM.gov posting. The proposal shall only be submitted as described.

1.1 Single Proposal Submission. FAR 52.212-1 is hereby tailored to remove subparagraph (e), which does not apply to this solicitation.

1.1.1 Offerors are limited to submitting one proposal with one approach to meeting all the requirements of this solicitation.

1.1.2 Proposals that contain alternative terms and conditions will be considered as taking exception to the requirements of the solicitation.

Responses to the solicitation shall be limited to 10 pages for Factor 1 and factor 2 combined. The Pricing

Factor does not have a page limit. The SF1449, Reps & Certs, cover page, title page or other administrative information will not be counted in the 10 page limit for Factor 1 and Factor 2.

NOTE: Please be aware that the requirements of DFARS clauses 252.204-7012 and

252.204-7020; the NIST basic assessment must be completed for award eligibility. Vendors can refer to https://www.sprs.csd.disa.mil/ for additional information.

BASIS OF AWARD- EVALUATION

I. Basis for Contract Award – Evaluation of Proposals-Simplified Acquisition Procedures

(a) In accordance with FAR 13.106 and FAR subpart 13.5 the Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate proposals:

1. Experience

2. Past Performance; and

3. Price

(b) Options. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under

FAR clause 52.217-8, Option to Extend Services, if included in this solicitation. Options under FAR clause 52.217-8 will be evaluated by using the prices proposed for the last option period to determine the price for a 6-month extension, which will be added to the base and other option years to arrive at a total evaluated price. The Government may determine that a proposal is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A proposal is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier’s proposal does not establish a contract. A written notice of award or purchase order mailed or otherwise furnished to the successful offeror is an offer by the Government mailto:ralph.d.grinnell.civ@army.mil mailto:mark.c.white20.civ@army.mil http://www.sprs.csd.disa.mil/ to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.

II. Proposal Evaluation: The evaluation process will be accomplished as follows:

A. General: The government intends to make award to the responsible offeror who represents the best value to the Government based on (1) Relevant Experience; (2) Past

Performance that is recent, relevant and has a satisfactory or better confidence rating and

(3) Price fair and reasonableness.

We will determine the merits of your proposal on the basis of (a) its acceptability and (b) its proposed price.

(a) Acceptability: We will determine the acceptability of your proposal on an acceptable or unacceptable basis. We will consider your proposal acceptable if it (i) conforms to the material solicitation requirements; (ii) manifests your unconditional assent to the terms of this Request for Proposal (RFP), and (iii) you are a responsible prospective contractor pursuant to FAR 9.104-1. (NOTE: By submission of a proposal, the offeror represents that it unconditionally assents to the terms of this Request for Proposal, except for any written express exceptions.)

(i) Conformance. Material solicitation requirements include those terms affecting quality, quantity, price, or delivery.

(ii) Assent. If you (1) take exception to any term of this RFP, (2) propose any additional terms, or (3) omit material information required by this RFP then we will consider your proposal to be unacceptable and ineligible for contract award.

B. Factors to be Evaluated:

FACTOR 1: Experience Factor

1. General: We will evaluate what work you did, when and where you did it, whom you did it for, and what methods you presumably used. It is important to understand the difference between a offeror’s experience and its past performance – offerors may be considered unacceptable based on its lack of experience. Acceptable experience is experience consisting of at least three years providing fitness center management services that are comparable to the work requirements of this solicitation considering the dollar level and scope of effort.

2. This will be evaluated as Acceptable or Unacceptable.

Standard of Proof: Provide evidence of a minimum of three years relevant experience.

1. Number of years the offeror has been in business and adequate evidence.

2. Specific experience managing a fitness center comparable in size, customer utilization, and providing formal fitness training classes comparable to the PWS requirements. Include scope of effort.

3. Identify all relevant projects/contracts that are substantially complete or have been completed within the past three years of the solicitation issue date. Include points of contact for each contract/project.

4. Identify the Magnitude of effort.

Acceptable Experience effort involved same/similar scope and magnitude of effort and complexities this solicitation requires.

Unacceptable Experience effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Scope = Type of Work, Functions, Skill Mix and/or Labor Classifications, etc.

Magnitude of effort = Dollar Value and Period of Performance

Complexities = Contract Type (e.g., Indefinite Delivery Contract, Firm-Fixed-Price, FAR-based, Other Government

Transaction, UCC), Location (on-base, off-base, geographical), Terms and Conditions (e.g., private, Federal, DoD, Army, National Guard Bureau), etc.

FACTOR 2- Past Performance: Past Performance is a measure of the degree to which you have satisfied your customers in the past and complied with federal, state, and local laws and regulations. Your past performance is relevant to this competition when you have done recent work that has confronted you with the same kinds of challenges that you would reasonably expect to encounter during performance of the contract described by the

RFP. We will assess your past performance on the basis of recency, relevancy, and quality. Past performance information may be obtained from any sources available to the Government (CPARS)(SAM).

First, we will evaluate recency. For purposes of this evaluation, recency is defined as demonstrated experience

(active or completed efforts) performed within the past three (3) years from the issuance date of this solicitation.

Second, we will evaluate recent contracts for relevancy as described below. Third, we will evaluate relevant contracts for overall quality.

The evaluation of the offeror’s (including partnerships and joint venture) present/past performance WILL NOT include the present/past performance of any subcontractors, predecessor companies, affiliates, other divisions, or corporate management even though they may perform major or critical aspects of this requirement. Only the offeror's (includes partnerships and joint ventures) past performance will be evaluated.

Past Performance Evaluation Ratings: As a result of the recency and relevancy assessments of current and prior contracts, a relevancy rating described below will be assigned within the past performance evaluation.

Table 1 – Used to evaluate Relevancy

Adjectival Rating Description

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Table 2 – Used to evaluate Quality

Adjectival Rating Description

Substantial Confidence Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will be able to successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will be able to successfully perform the required effort.

Neutral Confidence No recent/relevant performance record is available, or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can reasonably be assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence Based on the offeror’s recent/relevant performance record, the Government has low expectation that the offeror will be able to successfully perform the required effort.

No Confidence Based on the offeror’s recent/relevant performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.

FACTOR 3: Price: Offerors are required to provide a breakdown of pricing and narrative of the following:

1. Number of staff proposed for each year for base and options (use technical exhibits 3).

2. If proposing less full-time staffing than historical data that is fine; however, a detailed explanation of how you intend to get the work done with less staff shall be provided. This needs to clearly explain your innovative approach and how the requirements of the PWS will be met. If detailed explanation not provided, the proposal will be considered non- compliant and will not be considered. This is only needed IF proposing less full-time staff than historical data.

3. Price will be evaluated for fairness and reasonableness in accordance with FAR 13.106-3(a).

W912JF24R0009

(End of Addendum)

AMOUNT

CAPC Management Service Base Year

FFP

CAPC Management Service Base Year. Period of Performance is Sept 1, 2024 thru

Aug. 31, 2025

FOB: Destination

PURCHASE REQUEST NUMBER: 0012057560

PSC CD: R499

NET AMT

AMOUNT

Commercial TV Service Base Year

FFP

Commercial TV Service Base Year. Period of Performance is Sept 1, 2024 thru

Aug. 31, 2025 FOB: Destination

PURCHASE REQUEST NUMBER: 0012057560

PSC CD: R499

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 12 Months

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0002 12 Months

AMOUNT

CAPC Management Service Option Year 1

FFP

CAPC Management Service Option Year 1. Period of Performance is Sept 1, 2025 thru Aug. 31, 2026

FOB: Destination

PSC CD: R499

NET AMT

AMOUNT

Commercial TV Service Option Year 1

FFP

Commercial TV Service Option Year 1. Period of Performance is Sept 1, 2025 thru

Aug. 31, 2026

FOB: Destination

PSC CD: R499

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

1001 12 Months

1002 12 Months

CAPC Management Service Option Year 2

FFP

CAPC Management Service Option Year 2. Period of Performance is Sept 1, 2026 thru Aug. 31, 2027.

FOB: Destination

PSC CD: R499

NET AMT

Commercial TV Service Option Year 2

FFP

Commercial TV Service Option Year 2. Period of Performance is Sept 1, 2026 thru

Aug. 31, 2027.

2001 12 Months

2002 12 Months

CAPC Management Service Option Year 3

CAPC Management Service Option Year 3. Period of Performance is Sept 1, 2027 thru Aug. 31, 2028.

Commercial TV Service Option Year 3

FFP

Commercial TV Service Option Year 3. Period of Performance is Sept 1, 2027 thru

Aug. 31, 2028.

3001 12 Months

3002 12 Months

CAPC Management Service Option Year 4

CAPC Management Service Option Year 4. Period of Performance is Sept 1, 2028 thru Aug. 31, 2029.

Commercial TV Service Option Year 4

FFP

Commercial TV Service Option Year 4. Period of Performance is Sept 1, 2028 thru

Aug. 31, 2029.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government PEC FITNESS CENTER Government

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

0002 Destination Government PEC FITNESS CENTER Government

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

4001 12 Months

4002 12 Months

1001 Destination Government PEC FITNESS CENTER

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

Government

1002 Destination Government PEC FITNESS CENTER Government

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

2001 Destination Government PEC FITNESS CENTER Government

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

2002 Destination Government PEC FITNESS CENTER Government

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

3001 Destination Government PEC FITNESS CENTER Government

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

3002 Destination Government PEC FITNESS CENTER Government

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

4001 Destination Government PEC FITNESS CENTER Government

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

4002 Destination Government PEC FITNESS CENTER Government

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2024 TO

31-AUG-2025

N/A PEC FITNESS CENTER

TIMOTHY A. BUSHEE

BLDG 6404

CAMP JOSEPH T. ROBINSON

NORTH LITTLE ROCK AR 72199

(501) 212-6545

FOB: Destination

W90MMT

0002 POP 01-SEP-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

W90MMT

1001 POP 01-SEP-2025 TO

31-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90MMT

1002 POP 01-SEP-2025 TO

31-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90MMT

2001 POP 01-SEP-2026 TO

31-AUG-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90MMT

2002 POP 01-SEP-2026 TO

31-AUG-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90MMT

3001 POP 01-SEP-2027 TO

31-AUG-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90MMT

3002 POP 01-SEP-2027 TO

31-AUG-2028

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90MMT

4001 POP 01-SEP-2028 TO

31-AUG-2029

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W90MMT

4002 POP 01-SEP-2028 TO

31-AUG-2029

N/A (SAME AS PREVIOUS LOCATION)

W90MMT

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To SEP 2007

Influence Certain Federal Transactions

52.203-12 Limitation On Payments To Influence Certain Federal JUN 2020 Transactions

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-20 Predecessor of Offeror AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information NOV 2021 Systems

52.204-23 Prohibition on Contracting for Hardware, Software, and DEC 2023 Services Developed or Provided by Kaspersky Lab Covered

Entities

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.204-29 Federal Acquisition Supply Chain Security Act Orders-- DEC 2023 Representation and Disclosures.

52.204-30 Federal Acquisition Supply Chain Security Act Orders-- DEC 2023 Prohibition.

52.212-1 Instructions to Offerors--Commercial Products and SEP 2023 Commercial Services

52.212-3 Offeror Representations and Certifications--Commercial FEB 2024 Products and Commercial Services

52.212-3 Alt I Offeror Representations and Certifications--Commercial FEB 2024

Products and Commercial Services (FEB 2024) Alternate I

52.212-4 Contract Terms and Conditions--Commercial Products and NOV 2023 Commercial Services

52.217-5 Evaluation Of Options JUL 1990

52.219-1 Small Business Program Representations FEB 2024

52.229-11 Tax on Certain Foreign Procurements--Notice and JUN 2020 Representation

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-3 Protest After Award AUG 1996

52.237-3 Continuity Of Services JAN 1991

52.246-4 Inspection Of Services--Fixed Price AUG 1996

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls

252.204-7012 Safeguarding Covered Defense Information and Cyber JAN 2023 Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information for Litigation JAN 2023 Support

252.204-7016 Covered Defense Telecommunications Equipment or Services DEC 2019 -- Representation

252.204-7017 Prohibition on the Acquisition of Covered Defense MAY 2021 Telecommunications Equipment or Services -- Representation

252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2023 Telecommunications Equipment or Services

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.204-7023 Reporting Requirements for Contracted Services. JUL 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.215-7008 Only One Offer DEC 2022

252.225-7050 Disclosure of Ownership or Control by the Government of a DEC 2022 Country that is a State Sponsor of Terrorism

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, JAN 2023 and Tungsten.

252.225-7055 Representation Regarding Business Operations with the MAY 2022 Maduro Regime

252.225-7056 Prohibition Regarding Business Operations with the Maduro JAN 2023 Regime

252.225-7059 Prohibition on Certain Procurements from the Xinjiang JUN 2023 Uyghur Autonomous Region - Representation

252.225-7060 Prohibition on Certain Procurements from the Xinjiang JUN 2023 Uyghur Autonomous Region

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic JAN 2023 Enterprises, and Native Hawaiian Small Business Concerns

252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain OCT 2022 Foreign Procurements

252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7011 Payments in Support of Emergencies and Contingency MAY 2013

Operations

252.237-7010 Prohibition on Interrogation of Detainees by Contractor JAN 2023 Personnel

252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a APR 2021

Computer Network Unless Such Network is Designed to

Block Access to Certain Websites - Representation.

(Deviation 2021-O0003) 252.243-7002 Requests for Equitable Adjustment DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial NOV 2023 Services

252.247-7023 Transportation of Supplies by Sea JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

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

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or http://www.sam.gov/

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

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

Act of 2009.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see

FAR 3.900(a).

XX (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).

(9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of

Pub. L. 117-328).

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

(11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

(ii) Alternate I (DEC 2023) of 52.204-30.

(12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

XX (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.

XX (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.

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

(ii) Alternate I (MAR 2020) of 52.219-13.

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

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

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

XX (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)).

(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

XX (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

XX (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.

XX (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.

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

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

13496).

XX (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).

XX (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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 (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 (JUN 2014) 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.

XX (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

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

(50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

XX (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(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).

(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 (NOV 2007) (42 U.S.C.

5150).

XX (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).

XX (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).

(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.]

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(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).

XX (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) (29 U.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) (E.O.

13658).

XX (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 2016) (E.O. 11246).

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

(B) Alternate I (MAR 2, 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) (E.O. 13658).

(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.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

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