A21 - Solicitation Amendment W912PM26RA0060002 SF 30 Final.pdf

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

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

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this amendment is to:Block 14 (Description of Amendment/Modification):

1) Extend the proposal due date from 1 December 2025 to 9 February 2026.

2) Provide the drawings and updated specifications via attachments.

3) Incorporate clauses 52.204-21, 252.204-7021, 252.204-7000, 252.204-7009 and 252.204-7025.

3) Additionally clause 52.246-18 was updated

4) Extend bidder inquiries from 21 Nov 25 to 27 Jan 26.

All other terms and provisions remain unchanged.

Solicitation/Contract Form Continuation

The following changes have been made:

INFORMATION FROM TO

Response Due Date 01 Dec 2025 09 Feb 2026

Continuation of Supplies or Services and Prices/Costs

The following CLIN(s) / SLIN(s) / ELIN(s) were added:

Item Supplies / Services Quantity Unit Unit Price Amount

Payment and Performance Bonds in accordance with the specifications Product Service Code: 6120 Pricing Arrangement: Firm Fixed Price

1 Job

Continuation of Deliveries or Performance

The delivery information for the following CLIN(s) / SLIN(s) / ELIN(s) were added:

INFORMATION VALUE

FoB Point Destination Payment Method Contractor

Contract Clauses

Additional Information/Notes

The following clauses were added:

W912PM26RA0060002

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement.

Jan 2023

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

Additional Information/Notes

The following clauses were added:

FAR Clauses Incorporated by Full Text

52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services. Alternate II (DEVIATION 2025- O0003)

(Jan 2025) Alternate II Deviation 2025-O0003

(Mar 2025) (Mar 2025)

.Alternate II (MAR 2025) (DEVIATION 2025-O0003)

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

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

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5).(Jun 2010)

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

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

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

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

(G) ( ) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. 1 (Dec 2023) (Pub. L. 115-390, title II).

( ) Alternate I 52.204-30.2 (Dec 2023)

(H) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all ( )Jan 2025 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) [Reserved]

(J) [Reserved]

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

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

(M) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.(Dec 2010) O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(O) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O (1) (Nov 2021) 13627).

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

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

(R) 52.222-54, Employment Eligibility Verification ) (Executive Order 12989).(Jan 2025

(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 (E.O. 13706).(Jan 2022)

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

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

(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. (42 U.S.(Jun 2020) 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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.(Nov 2024) C. 3901 note prec.).

(Z) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. (Nov 2021) 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

The following clauses were deleted:

FAR Clauses Incorporated by Full Text

52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (DEVIATION 2025-O0003 and 2025-O0004)

(Jan 2025)Deviation 2025-O0004(Mar 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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 (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations 2017)

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 (Section 1634 of Pub. L. 115-91).(Dec 2023)

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. (Mar 2023) 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-(Oct 2004) 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

52.203-6, Restrictions on Subcontractor Sales to the Government with X(1) (Jun 2020), Alternate I (Nov (41 U.S.C. 4704 and 10 U.S.C. 4655). 2021)

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

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 X(3) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and (Jun 2010)

Reinvestment Act of 2009.)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause (4) (Nov 2023) does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. X(5) (Jun 2020) L. 109-282) ( 31 U.S.C. 6101 note).

[Reserved].(6)

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

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

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

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

II).

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. (Dec 2023) 115-390, title II).

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

X(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan

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

[Reserved].(14)

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

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

[Reserved](17)

(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

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

(19)

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

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

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

(21)

(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).( )Jan 2025

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

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

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

Alternate IV of 52.219-9.(v) ( )Jan 2025

(22)

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

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

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

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

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

(26)

(i) 52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).Postaward ( )Jan 2025

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

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

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

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

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

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

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

[Reserved](33)

[Reserved](34)

(35)

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

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

(36)

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

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

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

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

(39)

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

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

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not (Jan 2025) 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.)

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

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

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

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

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

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

(47)

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

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

(48)

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

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

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 (NOV 2023) 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.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) (Jan 2025)

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

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

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

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

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (52) (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).

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

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

52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.X(55) (May 2024) O. 13513).

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

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

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

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

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

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

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

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

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

(65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. (Nov 2021) 55305 and 10 U.S.C. 2631).

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

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

(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.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)

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

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

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

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

C. chapter 67).

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

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

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

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

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

(d) . The Contractor shall comply with the provisions of this Comptroller General Examination of Record 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 (41 U.S.C. 3509).(Nov 2021)

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

(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 (Section 1634 of Pub. L. 115-91).(Dec 2023)

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

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

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. (Dec 2023) 115-390, title II).

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

(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all ( )Jan 2025 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 (38 U.S.C. 4212).(Jun 2020)

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.(Dec 2010) O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)

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

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

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

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)

(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 (E.O. 13706).(Jan 2022)

(xxii)

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.2016)

C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.(Jun 2020) 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 (Sections 1821-1826, Pub. L. 118-31, 41 U.S.(Nov 2024) C. 3901 note prec.).

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

Addendum to Contract Clauses

Additional Information/Notes

The following clauses were added:

DFARS Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

252.204-7000Disclosure of Information. Oct 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

Jan 2023

The following clauses were modified:

52.246-18Warranty of Supplies of a Complex Nature.May 2001 hereby reads as follows:

Warranty of Supplies of a Complex Nature (May 2001)

(a) As used in this clause-Definitions.

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

(b) Contractor's obligations.

(1) The Contractor warrants that for 5 all supplies furnished under this contract will be free from years defects in material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor's warranty shall extend to the modification or other work.

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability.

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return.

(6) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price-

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies; or

(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully accomplish the correction.

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within The Contractor shall submit to the Contracting Officer a 45 days.

written recommendation within as to the corrective action required to remedy the breach. After 30 days the notice of breach, but not later than after receipt of the Contractor's recommendation for 30 days corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause shall be from the furnishing or return by the 30 days Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for thereafter.30 days

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

(End of clause)

Addendum to Evaluation - Commercial Product and Commercial Services

Miscellaneous text in this section has been modified to:

SUBCONTRACTING PLAN GOALS

SUBCONTRACTING PLAN SMALL BUSINESS GOALS

1.Attention is directed to Federal Acquisition Regulations (FAR) clause 52.219-9 "Small Business Subcontracting Plan" and Defense Federal Acquisition Regulations Supplement (DFARS) clause 252.219-7003 "Small Business Subcontracting Plan (DoD Contracts). Subcontracting plans will be evaluated in accordance with Army Federal Acquisition Regulations Supplement (AFARS) Appendix DD, (APDD) "Subcontracting Plan Evaluation Guide". The guide is available at: https://www.acquisition.

gov/afars/subcontracting-plan-evaluation- guide

2.Acceptability of the plan will be one of the elements considered by the Contracting Officer when determining contractor responsibility prior to award of a contract.

3.Subcontracting plans should be realistic, challenging, and achievable, with positive percentage and dollar subcontracting goals with:

a. Small Business (SB)

b. Small Disadvantaged Business (SDB)

c. Women Owned Small Business (WOSB)

d. Service Disabled Veteran Owned Small Business (SDVOSB)

e. Veteran Owned Small Business (VOSB)

f. Historically Underutilized Business Zone (HUBZone)

g. Historically Black Colleges and Universities and Minority Institutions (HBCU/MI)

4.If the proposed subcontracting goals are lower than the below U. S. Army Corps of Engineers "targets" for subcontracting, you are required to provide written justification with your proposed subcontracting plan to fully support your rationale for using lower goals.

5.You are reminded that contractors are measured against the approved subcontracting plan goals and may be assessed liquidated damages if a good faith effort has not been made toward meeting the agreed-upon goals. (See FAR clause 52.219-16 "Liquidated Damages - Subcontracting Plan".

6.The following subcontracting targets have been assigned to the U. S. Army Corps of Engineers

(USACE)

USACE Subcontracting Targets

a. Small Business (SB) - 28.40%

b. Small Disadvantage Business (SDB) - 10.67%

c. Women Owned Small Business (WOSB) - 2.34%

d. HUBzone Small Business (HUBzone) - 1.42%

e. Service Disabled Veteran Owned SB (SDVOSB) - 2.07%

7.Stated percentages are based on the total amount of planned subcontracting.

8.Additional information concerning subcontracting plan requirements may be obtained from Ms. Andrea Green, Deputy for Small Business, Phone: 910-251-4774.

(End of Instruction)

252.204-7025

Notice of Cybersecurity Maturity Model Certification Level Requirements.

As prescribed in 204.7504(b), use the following provision:

Notice of Cybersecurity Maturity Model Certification Level Requirements (Nov 2025)

(a)Definitions.

As used in this provision, controlled unclassified information (CUI), current, Cybersecurity Maturity Model Certification (CMMC) status, Cybersecurity Maturity Model Certification unique identifier (CMMC UID), Federal contract information (FCI), and Plan of action and milestones have the meaning given in the Defense Federal Acquisition Regulation Supplement 252.204-7021, Contractor Compliance With the Cybersecurity Maturity Model Certification Level Requirements, clause of this solicitation.

(b)(1)

Cybersecurity Maturity Model Certification (CMMC) level.

The CMMC level required by this solicitation is: CMMC Level 1 (Self). This CMMC level, or higher (see 32 CFR part 170), is required prior to award for each contractor information system that will process, store, or transmit Federal contract information (FCI) or controlled unclassified information (CUI) during performance of the contract.

(2) The Offeror will not be eligible for award of a contract, task order, or delivery order resulting from this solicitation if the Offeror does not have, for each of the contractor information systems that will process, store, or transmit FCI or CUI and that will be used in performance of a contract resulting from this solicitation--

(i) The current CMMC status entered in the Supplier Performance Risk System (SPRS) (https://piee.eb.

mil) at the CMMC level required by paragraph (b)(1) of this provision; and

(ii) A current affirmation of continuous compliance with the security requirements identified at 32 CFR part 170 in SPRS.

(c)Plan of action and milestones. If the Offeror has a CMMC Status of Conditional, the Offeror shall successfully close out a valid plan of action and milestones (32 CFR 170.21) to achieve a CMMC Status of Final.

(d)CMMC unique identifiers. The Offeror shall provide, in the proposal, the CMMC unique identifier(s) (CMMC UIDs) issued by SPRS for each contractor information system that will process, store, or transmit FCI or CUI during performance of a contract, task order, or delivery order resulting from this solicitation. The Offeror also shall update the list when new CMMC UIDs are generated in SPRS. The CMMC UIDs are provided in SPRS after the Offeror enters the results of self-assessment(s) for each such information system.

(End of provision)

W912PM26RA0060002

https://piee.eb.mil https://piee.eb.mil

KO CONTRACTING DIVISION, 69 DARLINGTON AVENUE

WILMINGTON, NC 28403-1343

UNITED STATES

JENIFER GARLAND, EMAIL: JENIFER.M.GARLAND@USACE.ARMY.MIL TELEPHONE: 9102514494

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