W91QEX-24-Q-0057.pdf

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Production & Staging (Change of Command)
Solicitation number
W91QEX24Q0057
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This document is a solicitation (Request for Quotes) for Production, Staging, and Audio-Visual Equipment and Services in support of the United States Southern Command (USSOUTHCOM) Change of Command ceremony. The period of performance is September 27, 2024 - October 5, 2024. The contractor shall provide audio-visual equipment, production and staging equipment, a press tent, and installation/removal services. The solicitation includes detailed technical requirements and specifications for the various equipment and services. Offers are due by 10:00 AM on August 26, 2024. This is a firm-fixed price contract, and payment will be made via government purchase card. The Government Representative will monitor the technical aspects of contract performance. This is a small business set-aside, and the NAICS code is 532490 with a size standard of $40,000,000.

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W91QEX-24-Q-0057 P00001.pdf PDF
Change of Command Diagram_Layout.pptx PPTX presentation
8.13.2 Out Pipe And Drape_Example Only.pdf PDF
W91QEX-24-Q-0057 P00001_Conformed Copy.pdf PDF
HSPD-12.pdf PDF

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SEE ADDENDUM

(No Collect Calls)

W91QEX24Q0057 14-Aug-2024

b. TELEPHONE NUMBER

305-437-2661

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 26 Aug 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91QEX9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JACKSON, DYAN E.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

410TH CSB - RCO MIAMI

9301 NW 33RD ST

DORAL FL 33172

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W91LMH 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SOUTHCOM

TABARES, FRANCISCO

9301 NW 33D STREET

MIAMI FL 33172

TEL: 305-437-1555 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$40,000,000

NAICS:

532490

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF53

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91QEX24Q0057

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Audio-Visual Equipment

FFP

The contractor shall provide audio-visual equipment in accordance with the Performance Work Statement and Table 2.

FOB: Destination

PSC CD: W099

NET AMT

0002 1 Job Production & Staging Equipment

FFP

The contractor shall provide all production & staging equipment in accordance with the Performance Work Statement and Table 3.

0003 1 Job Press Tent

FFP

The contractor shall provide 10' x 20' Press Tent in accordance with the Performance Work Statement and Table 4.

0004 1 Job Installation/Removal of Equipment

FFP

The contractor is responsible for the correct and safe installation of both stages. All items necessary for this installation shall be provided by the contactor and in accordance with Section C, Performance Work Statement.

Section C - Descriptions and Specifications

PERFORMANCE OF WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

United States Southern Command (USSOUTHCOM)

Change of Command 2024 Production, Staging, and Audio-Visual Equipment and Services

1. GENERAL. This Performance Work Statement details the requirements for production, staging, and audiovisual equipment in support of the United States Southern Command (USSOUTHCOM) Change of Command event in Doral, Florida, Change of Command. This is a Four-Star level event. The Commander of USSOUTHCOM is hosting Ministers of Defense and Chiefs of Defense from most South American Nations. In addition, US SECDEF, CJCS and many senior military officers and Government officials from the United States which will be in attendance. This Performance Work Statement (PWS) details the requirements for production, staging and audiovisual equipment for the Change of Command ceremony. The period of performance (POP) is 27 Sept - 5 October 2024.

27 Sept 2024: Set up of staging equipment and pipe and drape.

30 September 2024 - 3 October 2024: Practice.

2 October 2024: Set up of audiovisual equipment.

4 October 2024: Event execution and partial initial removal of all equipment

5 October 2024: Removal of all rental equipment

2. GENERAL REQUIREMENTS. This is a non-personal services contract to provide production, staging and audiovisual equipment. The contractor is responsible for installing, operating, and removing all required equipment. The contractor shall provide a qualified technician during the length of the contract to operate and facilitate the equipment connectivity on site. The contractor is responsible for providing all personnel, equipment, and/or ancillary devices required, and for any other expenses necessary to provide safe and adequate performance under the terms of this contract.

3. CONTRACTOR REPRESENTATIVE. The contractor shall provide a representative to act as a liaison with the Government Representative (GR). The contractor representative shall be of sufficient authority and technical knowledge to resolve issues as they arise and shall be available during the entire period of contract performance with the authority and knowledge to resolve issues affecting their areas of support.

4. GOVERNMENT REPRESENTATIVE (GR). A Government Representative (GR) will be appointed to monitor this contract. The GR will monitor all technical aspects of the contract and assist in contract administration. The GR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the contractor concerning technical aspects of the contract, issue written interpretations of technical requirements (including Government drawings, designs, specifications as needed), monitor contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government furnished property, and provide site entry of Contractor personnel. The GR is not authorized to change any of the terms and conditions of the contract.

5. SECURITY REQUIREMENTS. The contractor is responsible for the security, safeguarding, and accountability of equipment brought and used during the event. The event location will remain locked and secured prior to the event day.

6. LABOR/TECHNICAL: The contractor shall provide all labor/technical support for immediate correction of any malfunction, to ensure uninterrupted service for the event.

7. EQUIPMENT BREAKDOWNS. The contractor shall ensure that any maintenance or repairs of equipment, shall be corrected immediately at the contractor’s expense, without further cost to the Government.

8. REQUIRED EQUIPMENT. The contractor shall provide the following equipment, as noted in the following Tables 1, 2, 3, and 4. All equipment and rental items must comply with the following agenda or dates in Table 1:

Table 1: Dates 27 September 2024, start the setup of staging and Pipe and drape equipment.

30 Sept -3 Oct, Practice 2 October, tent installation.

2 October, set up of audiovisual.

3 October, practice all day.

4 October, event execution. Vendor can start with the removal of the equipment after 1800.

5 October, complete removal of all rental equipment.

Table 2: Audio-Visual Equipment

October 2024 Quantity

Handheld microphones Paragraph 8.1

Lavalier microphones Paragraph 8.2

Live Action Cameras with Operators Paragraph 8.3

Sound system-Mixed audio outputs.

Paragraph 8.4

Monitors/Screens Size: 90” or larger Paragraph 8.9 and 8.9.1

Monitors/Screens Size: 60” Paragraph 8.9 and 8.9.1

Table 3: Production, Staging Equipment and Installation

Red Carpet Runner Size: 50’ x 3” Paragraph 8.6

Custom-made Red-Carpet Runner Size: 28’ x 8’ Paragraph 8.7

Generator.

Paragraph 8.8

Executive Armchairs Paragraph 8.10

Stages (12’ x 28’) with railings, stairs, and black skirt Paragraph 8.11 and 8.11.3

Stages (8’ x 40’) with railings, stairs and black skirt Paragraph 8.11.1 and 8.11.3

Two Stages (8’ x 4’) with railings, stairs, and black skirt Paragraph 8.11.2

Stanchions, red rope with silver poles. Size: enough to cover 8’ on both sides Paragraph 8.12

6 poles

Pipe and drape. Inside perimeter of the gym. Paragraph

8.13 and 8.13.1

Pipe and drape. Outside perimeter of the gym’s second floor railing, around the running track.

Paragraph 8.13 and 8.13.2 407’ x 9’

Table 4: Press Tent by Parking Lot Area

Press Tent. Size 10’ x 20’ Paragraph 8.14

8.1 HANDHELD MICROPHONES. The contractor shall provide four (4) handheld microphones set up in pairs at two separate lectern locations. They should be configured for primary and alternate (in case the primary fails).

8.2 LAVALIER MICROPHONES. The contractor shall provide two (2) lavalier microphones that will be for one person also configured for primary and alternate (in case the primary fails).

8.3 CAMERAS. The contractor shall provide three (3) studio quality live action cameras with operators, to be set-up at fixed locations identified within the gymnasium. All three cameras shall go to a production (live) switch with dedicated preview monitors to allow for discrete switching for a live event feed. Each camera will be filming the entire event from previously designated angles.

8.4 SOUND SYSTEM WITH MIXED AUDIO OUPUTS. The contractor shall provide a sound system with five (5) mixed audio outputs from the microphone audio via XLR format at line level. (one will be used as room audio reinforcement and four will go to press boxes).

8.5 ADDITIONAL REQUIREMENT. Required feeds from cameras and microphone shall include mixed microphone audio and video from the camera production switch over USB format suitable for laptop (which we will use for a zoom broadcast).

8.6 RED CARPET RUNNER. The contractor shall provide a clean, untarnished and in good condition red carpet runner, size 50’ x 3’. Tis runner shall be made of one single piece. Two or pieces will not be accepted. The contractor shall install it according to GR directions and will use double sided tape all around carpet. The carpet must be of new condition, clean and flat, without irregularities or bumps. The matting or padding of both carpet runners must be designed to prevent slippage.

8.7 RED CARPET RUNNER. The contractor shall provide clean, untarnished and in good condition, custom-made red-carpet runner, size 28’ x 8’. The contractor shall install it according to GR directions and will use double sided tape all around carpet. The carpet must be of new condition, clean and flat, without irregularities or bumps and must match in color, quality and material, the same 50’ runner mentioned in paragraph 8.6. The matting or padding of both carpet runners must be designed to prevent slippage. The quality, color, material and craftmanship of both carpet runners must be of the same quality.

8.8 GENERATOR. The contractor shall provide one (1) large 200-amp generator. The contractor shall install and operate generator accordingly and provide fuel. The Government will not supply or pay for generator fuel separately. Generator shall be used to power the LED Screen. The generator will also be used as a backup, in case of power failure. The vendor shall provide a tech to run and manage the generator usage.

8.9 LARGE MONITORS. The contractor shall provide two monitors of at least 90 inches diagonally. These will be installed opposite from each other on the top floor of the Gym (running track) facing down towards the seats below. Spectators below will be watching both monitors.

8.9.1 CONFIDENCE MONITORS. The contractor shall provide two monitors of no more than 60 inches diagonally. These will be installed near each other, 3 to 6 feet from and facing the main stage so the people on the main stage can observe and follow the event accordingly.

8.9.1.1 LED SCREEN INSTALLATION. The contractor is responsible for the installation of all ancillary items necessary for the installation of these four (4) monitors to include cables, power cables and control consoles, rigging plus any other electronic gear required to satisfactorily complete the job. Installation of all monitors shall be completed by 2 October, no later than 0800 hrs.

8.10 ARMCHAIRS. The contractor shall provide four (4) executive style large armchairs, dark color leather or leather like materiel with wood arms, legs, and trims. No glass, chrome, or shiny trimmings. The GR will indicate where to place these chairs.

8.11 STAGES. The contractor shall provide one (1) aluminum frame, wood stage size 12’ x 28’, 30”-32” high, with black skirting and black stairs (with railings) on both right and left sides of the stage. Stair railings will be installed only on the side of the stairs facing the wall. Additional custom made 8’ wide, black carpeted stairs will be at the front of the stage and black bunting around the stage. Stage floor must be carpeted with a black clean, quality carpet. Location of the stage will be determined by the Government Representative (GR)on site.

8.11.1 STAGES. The contractor shall provide one (1) aluminum frame, wood stage size 8’ x 40’, 30”-32” high, with black skirting and black carpeted stairs (with railings in one side only).

Additional railing shall be installed all along the entire length of the rear side of the stage (facing the wall). Stage floor must be carpeted with a black clean, quality carpet and black bunting.

Location of the stage will be determined by the GR on site.

8.11.2 STAGES. The contractor shall provide two (2) aluminum frame, wood stages, each size 8’ x 4’, 30”-32” high, with black skirting and black carpeted stairs. Additional railing shall be installed all along the entire length of the rear side of both stages (facing the wall). Both stages shall have a 6” separation and have a 6” separation from the 8’ x 40’ stage. The 6’ separation from the two smaller stages, shall be centered in the middle of the connecting walkway between seating areas. Stage floor must be carpeted with a black clean, quality carpet and black bunting.

Additional instruction of this installation will be determined by the GR on site.

8.11.3. STAGES INSTALLATION. The contractor is responsible for the correct and safe installation of all stages. All items necessary for this installation shall be provided by the contactor.

Installation of stages must be completed 27 September 2024. Practice will start on 30 September.

therefore, this equipment must be ready by 0800 on 30 September.

8.12 STANCHIONS. The contractor shall provide red velvet rope stanchions, enough to cover 8’ on both sides of the red runner, 6 metal, silver color poles and chrome ends (3 per side).

8.13 PIPE AND DRAPE INSTALLATION. The contractor is responsible for the installation of all items in Table 2 and Table 3. Contractor shall also supply all outrigging, truss, plates, pipes and any other necessary structural items to create the stages and the pipe and drapes required by the Government. Installation of Pipe and drapes must be completed 27 September 2024. Practice will start on 30 September. therefore, this equipment must be ready by 0800 on 30 September. The

GR

will inspect the pipe and drape configurations before the event date. The GR will inform the contractor if any changes are required.

8.13.1 INSIDE PIPE AND DRAPES. The contractor shall provide pipe and drapes on the inside

Perimeter of the gym. The contractor shall cover all four (4) walls that make the inside perimeter of the gym. The contractor shall not cover the bleachers sections or doors. All drape material should be the same quality and color (black). Contractor will inspect and measured all walls needing this service. Installation of Pipe and drapes must be completed 27 September 2024.

Practice will start on 30 September; therefore, this equipment must be ready by 0800 on 30 September.

8.13.2 OUTSIDE PIPE AND DRAPE. The contractor shall provide pipe and drapes on the outside perimeter of the gym’s second floor running track, over the railing. Drape shall be in such way that it covers the entire railing as well as the exposed wall below the railing. All drape material should be the same quality and color (black). The circumference of such perimeter is 407’ and the height of the drape should be no longer than 9’. Installation of Pipe and drapes must be completed 27 September 2024. Practice will start on 30 September; therefore, this equipment must be ready by 0800 on 30 September.

8.14 PRESS TENT. The contractor shall provide a 10’ x 20’ tent to be installed either on a cement surface (parking lot) or on the grass, near the main Gym entrance. This tent must be in excellent condition, clean and with no holes.

8.15 SITE VISIT. The contractor shall visit USSOUTHCOM on 19 August 2024, 10:00AM EST or other determined date to observe and understand the location. In order to formulate a better more comprehensible quote. USSOUTHCOM staff will be at hand to explain or answer provider questions.

8.16 All personnel entering the facility must be appropriately vetted and checked by the entrance security office prior to entering the base.

9. CHANGES TO CONTRACT. The only person authorized to make changes to the contract is the Contracting Officer. Failure to clear changes in the contract with the Contracting Officer IN ADVANCE of providing service will result in the Government not being responsible for the charges, and non-payment to the contractor. Accordingly, the Contracting Officer will be notified prior to any additional contract modification (that is, those resulting in changes in cost to the Government). Purchases or changes from unauthorized personnel will result in the contractor not receiving payment for costs incurred.

10. PRICE QUOTES. All quotes must be submitted in English and in U.S. Dollars. Quotes shall be submitted and itemized per item type to include equipment. Prices are all inclusive to include local taxes, credit card fees and other costs.

11. INVOICE INFORMATION. The United States Government will only pay for actual contracted items utilized under the terms of this purchase agreement as allowed under US law.

All invoices will be submitted in English and in US Dollars. Prices shall be all inclusive. Any miscellaneous charges incurred by guest(s) are the responsibility of the individual guest. The Government will only pay for actual services rendered.

Section E - Inspection and Acceptance

PAYMENT INSTRUCTIONS

INSTRUCTIONS TO VENDOR

All payments under this contract will be accomplished by the MASTERCARD Government Purchase Card. Payment will be made only after a complete invoice of all costs associated with this contract has been submitted to the paying official. Minimum invoice requirements are listed below:

POINT OF CONTACT:

Government POC: Francisco E. Tabares, francisco.e.tabares.civ@mail.mil Vendor: TBD

Contracting POC:

Ms. Dyan E. Jackson, dyan.e.jackson.civ@mail.mil Phone: (305) 437-2661

METHOD OF PAYMENT:

GOVERNMENT PAYMENT CARD – MASTERCARD

INFORMATION FOR THE VENDOR:

Please submit the original invoice to:

Ms. Dyan E. Jackson 410th CSB – Miami Division Attn: Ms. Dyan E. Jackson, dyan.e.jackson.civ@mail.mil

Vendor shall Include the following items on the invoice:

. Name and address of contractor

. Invoice date and invoice number

. Contract Number – include purchase order and contract line item number(s)

. Date of Purchase

. Itemized list of supplies or services furnished and must correspond to each contract line item number (CLIN)

. Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not beshown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and

. Date of Delivery/ Shipment/ Performance

. Name and address of official to whom payment is to be rendered in US Dollars (US$).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 27-SEP-2024 TO

05-OCT-2024

N/A SOUTHCOM

TABARES, FRANCISCO

9301 NW 33D STREET

MIAMI FL 33172

305-437-1555

W91LMH

0002 POP 27-SEP-2024 TO

05-OCT-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 27-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 27-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

Information and questions pertaining to this requirement shall be addressed to the following points of contact (POCs):

Primary Dyan Jackson Contract Specialist Phone: (305) 437-2661 Email: dyan.e.jackson.civ@mail.mil

Alternate Lian Pino Contracting Officer Phone: (305) 437-2662 Email: lian.pino.civ@mail.mil

COMPLAINTS

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC.

The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

NOV 2023

52.232-23 Assignment Of Claims MAY 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.225-7987 (Dev) Requirements for Contractor Personnel Performing in the

U.S. Southern Command Area of Responsibility

(DEVIATION 2021-O0004)

FEB 2021

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 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.] xxx (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).

xxx (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]

___ (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).

___ (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 (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).

____ (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.

xxx (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).

xxx (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).

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

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

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

____ (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).

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

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

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (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 (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.).

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 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 (DEC 2022) 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).

____ (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).

____ (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).

____ (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).

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

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

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

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

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

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

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

_____ (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).

_____ (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…

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