W912P825R0029 Amd 0003.pdf

W912P825R0029

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This solicitation is amended to:

1. Convert the solicitation from Small Business Set-aside to UNRESTRICTED.

2. Extend the response date to 18 September 2025, at 10:00 AM, local time.

3. Make changes as detailed below .

1. CONTRACT ID CODE PAGE OF PAGES

J 1 17

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 19-Aug-2025

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912P825R0029

X 9B. DATED (SEE ITEM 11)

11-Jul-2025

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

18-Aug-2025

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The set aside percentage 100.00% has been deleted.

The required response date/time has changed from 18-Aug-2025 10:00 AM to 18-Sep-2025 10:00 AM.

The Acquisition Set Aside has changed from Small Business to No Preference / Not Listed.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 20-SEP-2025 TO

19-SEP-2026

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008 FOB: Destination

W912P8

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-OCT-2025 TO

30-SEP-2026

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

The following Delivery Schedule item for CLIN 0002 has been changed from:

CAGE

POP 20-SEP-2026 TO

19-SEP-2027

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

CAGE

POP 01-OCT-2026 TO

30-SEP-2027

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

The following Delivery Schedule item for CLIN 0003 has been changed from:

CAGE

POP 20-SEP-2027 TO

19-SEP-2028

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

CAGE

POP 01-OCT-2027 TO

30-SEP-2028

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

The following Delivery Schedule item for CLIN 0004 has been changed from:

CAGE

POP 20-SEP-2028 TO

19-SEP-2029

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

POP 01-OCT-2028 TO

30-SEP-2029

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

The following Delivery Schedule item for CLIN 0005 has been changed from:

CAGE

POP 20-SEP-2029 TO

19-SEP-2030

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

CAGE

POP 01-OCT-2029 TO

30-SEP-2030

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

The following Delivery Schedule item for CLIN 0006 has been changed from:

CAGE

POP 20-SEP-2030 TO

19-MAR-2031

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

POP 01-OCT-2030 TO

30-APR-2031

N/A CELA-LDP/MVN

JAMES SYRDAL

7400 LEAKE AVE

NEW ORLEANS LA 70118

504-862-2008

The following have been modified:

ADDENDUM 52.212-1

PROPOSAL PREPARATION AND INSTRUCTIONS

A. General

1. The Contracting Officer and Contract Specialist are the sole points of contact for this acquisition. Offerors shall address all questions or concerns in writing via email to Taylor Brandon, Contract Specialist at e- mail:

Taylor.H.Brandon@usace.army.mil.

2. The Offeror’s proposal shall be clear, concise and provide sufficient details to enable USACE to fully evaluate and determine the Offeror’s technical capability as set forth in this Request for Proposal (RFP). Any proposal that modifies or fails to conform to the essential requirements of this RFP may be considered unacceptable.

3. Faxed proposals will NOT be accepted. The only authorized transmission method for proposals in response to this solicitation is electronically via email. Offeror shall email their proposals using the following instructions:

a. Proposal may be submitted before the response date outlined in the

Solicitation. Please send an email to the below email containing your Proposal.

Contract Specialist – Ms. Taylor Brandon, email: Taylor.H.Brandon@usace.army.mil

b. Please adhere to the response time outlined in the solicitation by submitting before or on the due date.

4. Offerorss must be registered in the System for Award Management (SAM) database. To register, the SAM internet address is: http://www.sam.gov.

5. All proposals shall include: Company Name, Address, Cage Code and DUNS Number, Point of Contact, Email Address and Phone/Fax Numbers.

6. Offerors shall acknowledge (sign) all amendments (if applicable) and include in proposal package.

B. Pre-Proposal Conference and Site Visit

A Pre-Proposal Conference/site visit is scheduled at 11:00 am local time on 02 September 2025. NO OTHER SITE VISITS WILL BE SCHEDULED AFTER THIS DATE. Offerors will be required to email the Contract Specialist, Taylor

Brandon at Taylor.H.Brandon@usace.army.mil with the names of the persons who will be attending the site visit no later than noon, 29 August 2025. Failure to attend this site visit may not be used as an excuse for omissions or miscalculations in proposals.

Should Offerors have additional questions after completing the site visit then any additional questions must be submitted timely and in writing to the Contract Specialist.

Responses to questions will be provided via an amendment to the solicitation and posted on FBO.

C. Proposal Form, Format and Content

Proposals shall be on standard 8-½ X 11” sheets, single or double spaced, utilizing no less than a size 12 font. Margins are one inch (head and foot of page) and one inch on the sides of the pages. Graphs and charts may be smaller in font size as long as they are legible. Proposals are limited to a maximum of 25 pages.

1. Technical Capability. Proposals shall provide documentation to support the following elements that are included in this factor: Experience, Staffing, Sanitation, Menu Cycles/Variety, and Financial Information (see Addendum 52.212-2).

2. Past Performance. Proposal shall provide documentation to support the following elements that are included in this factor: Past Performance and Sanitation (see Addendum 52.212-2).

a. Past Performance. Offerors shall submit a listing of references for current and/or recent (within the past 3 years) commercial and/or government contracts citing the contract number, name and phone number of the contact, type of contract, period of performance, and a brief description of services provided that are similar to the type of work as described in this solicitation. In the case of an Offeror without a record of relevant past performance or for whom information or past performance is not available; the Offeror will be assessed an acceptable rating.

Offerors shall submit the Past Performance Questionnaire (located as

Addendum 52.212-3 to this solicitation) to references of same or similar services type services as required in this solicitation. Offerors shall instruct their references to send past performance questionnaire responses either by mail directly to:

U.S. Army Corps of Engineers Attn: Taylor Brandon (CEMVN-CT-W, Room

172) 7400 Leake Avenue New Orleans, LA 70118-3651 or via email to: Taylor.H.Brandon@usace.army.mil and should be received by the Contracting Office no later than the date and time stated on the SF 1449 for receipt of proposals.

If an Offeror does not have any past performance information to submit as the entity under which the proposal is being submitted, then the Offeror may submit past performance data for similar work under which the Offeror’s key personnel have worked. If the Offeror claims that there is no past performance, then that status must be identified in their proposal.

b. Sanitation. Identify any current and/or past health (federal, state, and/or local) inspections, violations/enforcement actions and how they were adequately and timely resolved with the proper authorities. Describe procedures to maintain the facility in accordance with sanitation codes. Clearly illustrate how the Offeror will insure that all its employees meet all health requirements. Describe current standards and practices at Offeror’s facilities to include cleaning and maintenance procedures to assure a healthful and sanitary environment at this facility and the method of compliance with quality and inspection checks as provided in the statement of work.

Provide any credentials including federal, state, and local permits/licenses currently available.

3. Price.

Menu Prices/Portion Sizes. Menus should provide a complete itemized price and portion breakdown to include standard units of measurements for each item. Pricing should be reasonable and comparable to the quality and portion being offered. Prices given shall reference a specific unit of measurement such as ounce, cup, slice, etc; as well as the sales price per portion. The prices in your proposed menu will be evaluated for reasonableness only. The proposed prices in the table located in Addendum 52.212-2 will be utilized by the USACE to determine the total evaluated price for this competition.

ADDENDUM 52.212-3

PAST PERFORMANCE QUESTIONNAIRE

PART 1: INSTRUCTIONS. The company who has provided your name is participating in a Request for Proposal (RFP) for Concessionaire Services for Food & Beverage Operations at the U.S. Army, Corps of Engineers, New Orleans District. We would greatly appreciate you taking the time to complete this form. Please provide an honest assessment and immediately return to the following address or email to the Contract Specialist shown below NOT LATER THAN 10:00 AM, 18 September 2025.

This completed form is to be provided directly to the address below:

US Army Corps of Engineers ATTN: Taylor Brandon (CEMVN-CT-W, Room 172) 7400 Leake Ave.

New Orleans, LA. 70118-3651

Phone: 504-862-1009 Email: Taylor.H.Brandon@usace.army.mil

PART 2: GENERAL INFORMATION

1. Past Performance Information is Being Requested on: (Note – Offeror shall fill out before forwarding)

Name:

Address:

Phone Nos:

2. Reference: (Company Who Received Services)

Name:

Address:

Title:

Phone Nos:

3. Contract No(s):

4. Type of Contract(s):

5. Contract Value(s) (Basic and Options):

6. Period of Performance:

7. A Brief Description of YOUR Contract Requirements:

PART 3: PERFORMANCE RATINGS (To be filled out by the Reference Identified in Item 2 Above): PERFORMANCE RATING. Please summarize performance in each of the rating factors. Determine the rating that most nearly represents your experience with this company and indicate your assessment by placing the appropriate rating in the space provided. Please include descriptive comments to supplement ratings provided.

Ratings are defined below and should be used as a reference in assessing performance.

Rating “E” for Exceptional – Contractor’s performance clearly exceeded all contractual requirements.

Rating “G” for Good – Contractor’s performance exceeded some contractual requirements while meeting other contractual requirements.

Rating “S” for Satisfactory – Contractor’s performance met all contractual requirements, but did not exceed any contractual requirements.

Rating “M” for Marginal – Contractor’s performance met some of the contractual requirements but did not meet other contractual requirements.

Rating “U” for Unsatisfactory – Contractor’s performance did not meet any contractual requirements.

Rating "N/A" for Not Applicable – Contractor was not required to perform in this area.

Utilizing the above rating criteria, please answer the following questions regarding this offeror:

1. How would you rate the offeror’s capability, efficiency and effectiveness in the food services provided to your organization?

Excellent Good Satisfactory Marginal Unsatisfactory

REMARKS:

2. How well did the offeror’s performance conform to the terms and conditions of the contract?

3. How well did offeror cooperate during performance?

4. How well was the offeror committed to customer satisfaction?

5. Was the offeror’s performance devoid of wage and hour issues, complaints, and/or investigations?

6. Were there any health inspection violations/enforcement actions? If so, were they resolved timely with the proper authorities?

ADDITIONAL REMARKS:

THANK YOU IN ADVANCE FOR YOUR ASSISTANCE.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2025-

O0003/ DEVIATION 2025-O0004) (MAR 2025)

(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).

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

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

___ (6) [Reserved]

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

___ (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.

___ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (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]

____ (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.

____ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) 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).

X (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (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. 637(a)(17)).

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

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

____ (33) [Reserved]

____ (34) [Reserved]

____ (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.

____ (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.

____ (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).

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 (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

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

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

X (46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

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

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (JAN 2025) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

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

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

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

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

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

5150).

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

13513).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

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

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

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C.

3332).

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

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

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

____ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

____ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (65) (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.]

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

X (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).

X (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).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

X (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).

_____ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).

(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 (JAN 2025) (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) [Reserved]

(x) [Reserved]

(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 (JAN 2025) (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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 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)

(End of Summary of Changes)