HomeMy WebLinkAbout140L4325P0097 P00001 executedAMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT I
1. CONTRACT ID CODE (PAGE OF PAGES
1 1 26
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE I
4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)
P00001 See Block 16C
6. ISSUED BY CODE I LHA
BLM OR-ST OFC PROC MGMT BR(OR952)
1220 SW 3rd Avenue, 12th Floor
PORTLAND OR 97204
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code)
KITTITAS, COUNTY OF
Attn:.ATTN GOVERNMENT POC
205 W 5TH AVE STE 108
ELLENSBURG WA 98926-2887
.ADMINISTERED BY (If other than Item 6) CODE
9A. AMENDMENT OF SOLICITATION NUMBER
1UA. MUUIFIGAI IUN OF GUN I RAG I/UKUtK NUMt3tK
140L4325P0097
10B. DATED (SEE ITEM 13)
06/06/2025
CODE WQ23XPBSAU44 FACILITY CODE
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 (Ifrequired)
See Schedule
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:
52.212-4 -- Changes (NOV 2023); Bilateral
❑ D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor El is not 0 is required to sign this document and return 1 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
See continuation page
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 orprint)
Tiffany Eslinger
C
15B. CONTRACTO /OFFERO 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
�aTIFFANY ESLINGER Digitally 6.04.2ned 1,k42:A-07'00'
- � Date: 2026.04.22 1 :42:32-07'00'
J��
(Signature of person authorized to sign) (Signature of Contracting Officer)
Previous edition unusable STANDARD FORM 30 (REV. 11/2016
Prescribed by GSA FAR (48 CFR) 53.243
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
CONTINUATION SHEET
140L4325P0097/P00001
NAME OF OFFEROR OR CO
KITTITAS, COUNTY OF
PAGE 2 OF 26
ITEM NO.
(A)
SUPPLIES/SERVICES
B
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
UEI: WQ23XPBSAU44
The purpose of this modification is to ensure
compliance with updated federal guidance and to
eliminate non -statutory sustainability
requirements, as well as enhance the
representational and certification clauses
within the contract.
See Continuation Pages.
Period of Performance: 06/16/2025 to
06/15/2026
N5N /54U-U1-1b2-bUb[ OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
The purpose of this modification is to align with the latest federal guidance by removing
non -statutory sustainability requirements and improving the representation and
certification clauses within the contract. Following the instructions outlined in Civilian
Agency Acquisition Council (CAAC) Letter 2025-01, Supplement 1 and CAAC Letter
2025-02, the specified clauses in the contract are hereby replaced. Below is a detailed
list of the Provisions/Clauses that are removed and their corresponding FAR deviation
Provisions/Clauses that are hereby added to the contract.
Any and all language in the Contract and/or terms with entities, including States, that
ban or penalize plastic straw purchase or use are hereby revoked.
Provisions/Clauses Removed as part of this modification:
• 52.212-5, Contract Terms and Conditions Required To Implement Statutes or
Executive Orders —Commercial Products and Commercial Services (JAN 2025)
• 52.213-4, Terms and Conditions —Simplified Acquisitions (Other Than
Commercial Products and Commercial Services) (JAN 2025)
• 52.222-21, Prohibition of Segregated Facilities (APR 2015)
• 52.222-22, Previous Contracts and Compliance Reports (FEB 1999)
• 52.222-23, Notice of Requirement for Affirmative Action To Ensure Equal
Employment Opportunity for Construction (FEB 1999)
• 52.222-24, Preaward On -Site Equal Opportunity Compliance Evaluation (FEB
1999)
• 52.222-25, Affirmative Action Compliance (APR 1984)
• 52.222-26, Equal Opportunity (SEPT 2016)
• 52.222-27, Affirmative Action Compliance Requirements for Construction (APR
2015)
• 52.222-29, Notification of Visa Denial (APR 2015)
• 52.223-1, Biobased Product Certification (MAY 2024)
• 52.223-2, Reporting of Biobased Products Under Service and Construction
Contracts (MAY 2024)
• 52.223-10, Waste Reduction Program (MAY 2024)
• 52.223-19, Compliance with Environmental Management Systems (MAY 2011)
• 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction
Goals —Representation (DEC 2016)
• 52.223-23, Sustainable Products and Services (MAY 2024)
Provisions/Clauses Added as part of this modification:
The removed clauses above will be replaced with the following, where applicable:
52.212-5 Contract Terms and Conditions Required To Implement Statutes or
Executive Orders —Commercial Products and Commercial Services (JAN 2025)
(DEVIATION FEB 2025)
• 52.213-4 Terms and Conditions —Simplified Acquisitions (Other Than
Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB
2025)
• 52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB
2025)
• 52.222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025)
• 52.222-12 Contract Termination —Debarment (MAY 2014) (DEVIATION FEB
2025)
• 52.223-2, Reporting of Biobased Products Under Service and Construction
Contracts (MAY 2024) (DEVIATION FEB 2025)
52.223-10, Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)
• 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB
2025)
• 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN
2025) (DEVIATION FEB 2025)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders —Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive
Orders —Commercial Products and Commercial Services (Jan 2025) (DEVIATION
FEB 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)
clauses, which are incorporated in this contract by reference, to implement provisions of
law or Executive orders applicable to acquisitions of commercial
products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and
Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor
provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of
Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-
232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov
2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar
2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws
108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has indicated as being incorporated in this contract by reference to
implement provisions of law or Executive orders applicable to acquisitions of commercial
products and commercial services:
[Contracting Officer check as appropriate.]
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun
2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov
2021) (41 U.S.C. 3509)).
_ (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to
contracts funded by the American Recovery and Reinvestment Act of 2009.)
_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or
applicable elements of the intelligence community —see FAR 3.900(a).
_ (5) 52.204-10, Reporting Executive Compensation and First -Tier Subcontract
Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
— (6) [Reserved]
— (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).
_ 0 1)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders —Prohibition. (Dec
2023) ( Pub. L. 115-390, title ll).
_ (ii) Alternate I (Dec 2023) of 52.204-30.
— (12) 52.209-6, Protecting the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
(Jan 2025) ( 31 U.S.C. 6101 note).
_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (Oct 2018) ( 41 U.S.C. 2313).
— (14) [Reserved].
_ (15) 52.219-3, Notice of HUBZone Set -Aside or Sole -Source Award (Oct 2022)
( 15 U.S.C. 657a).
_ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in
its offer) (15 U.S.C. 657a).
_ (17) [Reserved]
_ (18)
(i) 52.219-6, Notice of Total Small Business Set -Aside (Nov 2020) (15 U.S.C. 644).
_ (ii) Alternate I (Mar 2020) of 52.219-6.
_ (19)
(i) 52.219-7, Notice of Partial Small Business Set -Aside (Nov 2020) (15 U.S.C. 644).
_ (ii) Alternate I (Mar 2020) of 52.219-7.
_ (20) 52.219-8, Utilization of Small Business Concerns (Jan
2025)( 15 U.S.C. 637(d)(2) and (3)).
_ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).
_ (ii) Alternate I (Nov 2016) of 52.219-9.
_ (iii) Alternate II (Nov 2016) of 52.219-9.
_ (iv) Alternate III (Jun 2020) of 52.219-9.
_ (v) Alternate IV (Jan 2025) of 52.219-9.
_ (22)
(i) 52.219-13, Notice of Set -Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
_ (ii) Alternate I (Mar 2020) of 52.219-13.
_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
_ (24) 52.219-16, Liquidated Damages —Subcontracting Plan (Sep
2021) (15 U.S.C. 637(d)(4)(F)(i)).
_ (25) 52.219-27, Notice of Set -Aside for, or Sole -Source Award to, Service -Disabled
Veteran -Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB
Program (Feb 2024) (15 U.S.C. 657f).
_ (26)
(i) 52.219-28, Post award Small Business Program Re -representation (Jan
2025) (15 U.S.C. 632(a)(2)).
_ (ii) Alternate I (Mar 2020) of 52.219-28.
_ (27) 52.219-29, Notice of Set -Aside for, or Sole -Source Award to, Economically
Disadvantaged Women -Owned Small Business Concerns (Oct 2022)
(15 U.S.C. 637(m)).
_ (28) 52.219-30, Notice of Set -Aside for, or Sole -Source Award to, Women -Owned
Small Business Concerns Eligible Under the Women -Owned Small Business Program
(Oct 2022) (15 U.S.C. 637(m)).
_ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar
2020) ( 15 U.S.C. 644(r)).
_ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
— (32) 52.222-19, Child Labor —Cooperation with Authorities and Remedies (Jan
2025)( E.O. 13126).
_ (33) [Reserved]
_ (34) [Reserved]
_ (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
_ (ii) Alternate I (Jul 2014) of 52.222-35.
_ (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020) (29 U.S.C. 793).
_ (ii) Alternate I (Jul 2014) of 52.222-36.
_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496).
_ (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
_ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order
12989). (Not applicable to the acquisition of commercially available off -the -shelf items or
certain other types of commercial products or commercial services as prescribed in
FAR 22.1803.)
_ (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA —Designated
Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of
commercially available off -the -shelf items.)
_ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to
the acquisition of commercially available off -the -shelf items.)
_ (42) 52.223-11, Ozone -Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
_ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment
and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
— (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
_ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
_ (46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB
2025) ( 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 76711).
_ (47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
_ (ii) Alternate I (Jan 2017) of 52.224-3.
_ (48)
(i) 52.225-1, Buy American -Supplies (Oct 2022) (41 U.S.C. chapter 83).
— (ii) Alternate I (Oct 2022) of 52.225-1.
— (49)
(i) 52.225-3, Buy American -Free Trade Agreements -Israeli Trade Act (NOV 2023) ( 19
U.S.C. 3301 note, 19 U,S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19
U.S.C, chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286,
108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
— (ii) Alternate I [Reserved].
_ (iii) Alternate II (Jan 2025) of 52.225-3.
(iv) Alternate III (Feb 2024) of 52.225-3.
_ (v) Alternate IV (Oct 2022) of 52.225-3.
_ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, of
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 (Oct2018) ( 31 U.S.C. 3332).
_ (60) 52.232-34, Payment by Electronic Funds Transfer -Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332),
_ (61) 52,232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or
Assembled by American Security Drone Act -Covered Foreign Entities (Nov
2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
_ (64) 52.242-5, Payments to Small Business Subcontractors (Jan
2017) (15 U.S.C. 637(d)(13)).
_ (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
_ (ii) Alternate I (Apr 2003) of 52.247-64.
_ (iii) Alternate 11 (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable
to commercial services, that the Contracting Officer has indicated as being incorporated
in this contract by reference to implement provisions of law or Executive orders applicable
to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
_ (2) 52.222-42, Statement of Equivalent Rates for Federal
Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and
41 U.S.C. chapter 67).
_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -Price
Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements
(May 2014) (41 U.S.C. chapter 67).
_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services -Requirements (May 2014) (41 U.S.C, chapter 67).
_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (Jan 2022).
_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.
13706).
_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)
(42 U.S.C. 1792).
_ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training
to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the
provisions of this paragraph (d) if this contract was awarded using other than sealed bid,
is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date
of award of this contract, and does not contain the clause at 52.215-2, Audit and Records -
Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Conttactor'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 ll).
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan
2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract
award, the subcontractor must include 52.219-8 in lower tier subcontracts
that offer subcontracting opportunities.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of
FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.0 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements
(May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services -Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act
for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun
2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR
clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in
accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled
by American Security Drone Act -Covered Foreign Entities (Nov 2024) (Sections 1821-
1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with
paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial
products and commercial services a minimal number of additional clauses necessary to
satisfy its contractual obligations.
(End of clause)
Alternate /(Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the
basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to
"paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read
"paragraphs (a), (b), and (c) of this clause".
Alternate l/ (Jan 2025) (DEVIATION FEB 2025). As prescribed in 12.301 (b)(4)(ii),
substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of
the basic clause as follows;
(d)(1) The Comptroller General of the United States, an appropriate Inspector General
appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App—J,
or an authorized representative of either of the foregoing officials shall have access to
and right to—
(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and
involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of
this clause, the Contractor is not required to flow down any FAR clause in a subcontract
for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the
authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the
extent of the flow down shall be as required by the clause -
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov
2021) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of
Pub. L. 115-91).
(E) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-
232).
(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102
of Division R of Pub. L. 117-328).
(G)_( 1) 52.204-30, Federal Acquisition Supply Chain Security Act Orders —
Prohibition. (Dec 2023) ( Pub. L. 115-390, title II).
_(2) Alternate I (Dec 2023) 52.204-30.
(H) 52.219-8, Utilization of Small Business Concerns (Jan
2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract
award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(1) [Reserved]
(J) [Reserved]
(K) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(L) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020) (29 U.S.C. 793).
(M) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of
FAR clause 52.222-40.
(N) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(0) ^ (1) 52.222-50, Combating Trafficking in Persons (Nov
2021) (22 U.S.C. chapter 78 and E.0 13627).
_ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(P) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements
(May 2014) (41 U.S.C. chapter 67).
(Q) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services -Requirements (May 2014) ( 41 U.S.C. chapter 67).
(R) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).
(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (Jan 2022).
(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(U)_ (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
_ (2) Alternate I (Jan 2017) of 52.224-3.
(V) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act
for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(W) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun
2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR
clause 52.226-6.
(X) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with
paragraph (c) of 52.232-40.
(Y) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by
American Security Drone Act -Covered Foreign Entities (Nov 2024) (Sections 1821-1826,
Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(Z) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with
paragraph (d) of FAR clause 52.247-64.
52.213-4 Terms and Conditions —Simplified Acquisitions (Other Than Commercial
Products and Commercial Services).
As prescribed in 13.302-5(d), insert the following clause:
Terms and Conditions —Simplified Acquisitions (Other Than Commercial
Products and Commercial Services) (Jan 2025) (DEVIATION FEB 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)
clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 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)).
(ii) 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).
(iii) 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).
(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102
of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph
(b) of 52.204-27.
(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders —Prohibition. (Dec
2023) (Pub. L. 115-390, title II).
(vi) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
(vii) [Reserved]
(viii) [Reserved]
(ix) 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).
(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar
2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(xi) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(xii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) ( Pub. L. 108-
77 and 108-78 ( 19 U.S.C. 3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (Jan 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 201.3).
(vi) 52.233-1, Disputes (May 2014).
(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Jan
2025).
(viii) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by
reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 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).
(ii) 52.204-10, Reporting Executive Compensation and First -Tier Subcontract
Awards (Jun 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued
at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).
(iii) 52.222-19, Child Labor —Cooperation with Authorities and Remedies (Jan
2025) ( E.O. 13126) (Applies to contracts for supplies exceeding the micro -purchase
threshold, as defined in 2.101 on the date of award of this contract).
(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for
Materials, Supplies, Articles, and Equipment (Jun 2020) ( 41 U.S.C. chapter 65) (Applies
to supply contracts over the threshold specified in FAR 22.602 on the date of award of
this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).
(v) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C, 4212) (Applies to
contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of
award of this contract).
(vi) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) (29 U.S.C.
793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of
award of this contract, unless the work is to be performed outside the United States by
employees recruited outside the United States). (For purposes of this clause, "United
States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies
to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of
award of this contract).
(viii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67)
(Applies to service contracts over $2,500 that are subject to the Service Contract Labor
Standards statute and will be performed in the United States, District of Columbia, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands,
Johnston Island, Wake Island, or the outer Continental Shelf).
(ix)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.O. 13627) (Applies to all solicitations and contracts).
(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following
information with regard to applicable directives or notices: Document title(s), source for
obtaining document(s), and contract performance location outside the United States to
which the document applies).
(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (Jan 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and
performance in whole or in part is in the United States (the 50 States, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined
in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331, et seq.))).
(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706)
(Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in
part is in the United States (the 50 States and the District of Columbia.))
(xii) 52.223-5, Pollution Prevention and Right -to -Know Information (May 2024) ( 42
U.S.C. 11001-11050 and 13101-13109) (Applies to services performed on Federal
facilities).
(xiii) 52.223-11, Ozone -Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts
for products as prescribed at FAR 23.109(d)(1)).
(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment
and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.) (Applies to maintenance,
service, repair, or disposal of refrigeration equipment and air conditioners).
(xv) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts
for products that may contain high global warming potential hydrofluorocarbons as a
propellant or as a solvent; or contracts for maintenance or repair of electronic or
mechanical devices).
(xvi) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.) (Applies to contracts
for products that may contain high global warming potential hydrofluorocarbons or
refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts
for construction of buildings or facilities.
(xvii) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB
2025) ( 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 76711) (Applies
to contracts when the agency identifies in the statement of work, or elsewhere in the
contract, the sustainable products and services that apply to the acquisition).
(xviii)
(A) 52.225-1, Buy American -Supplies (Oct 2022) (41 U.S.C. chapter 67) (Applies to
contracts for supplies, and to contracts for services involving the furnishing of supplies,
for use in the United States or its outlying areas, if the value of the supply contract or
supply portion of a service contract exceeds the micro -purchase threshold, as defined
in 2.101 on the date of award of this contract, and the acquisition-
(1) Is set aside for small business concerns; or
(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed
$50,000).
(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic
content threshold below, which will apply to the entire contract period of performance.
Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the
definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of
its components mined, produced, or manufactured in the United
States exceeds percent of the cost of all its components. [ Contracting officer to
insert the percentage per instructions at 13.302-5(d)(4). ])
(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting
Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792) (Applies
to contracts greater than the threshold specified in FAR 26.404 on the date of award of
this contract, that provide for the provision, the service, or the sale of food in the United
States).
(xx) 52.232-33, Payment by Electronic Funds Transfer -System for Award
Management (Oct 2013)(Applies when the payment will be made by electronic funds
transfer (EFT) and the payment office uses the System for Award Management (SAM) as
its source of EFT information).
(xxi) 52.232-34, Payment by Electronic Funds Transfer -Other than System for Award
Management (Jul 2013) (Applies when the payment will be made by EFT and the
payment office does not use the SAM database as its source of EFT information).
(xxii) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled
by American Security Drone Act -Covered Foreign Entities (Nov 2024) (Sections 1821-
1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov
2021) ( 46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for
the types of subcontracts listed at 47.504(d)).
(xxiv) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to
Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)). (Applies to contracts with a
U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts
awarded by the Department of Defense or contracts for commercial products).
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov
2021) (Applies to contracts when the contractor or a subcontractor at any tier may have
Federal contract information residing in or transiting through its information system.)
(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan
2025) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of
award of this contract).
(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed -
price supplies).
(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (Jan 1991) (Applies to supplies if delivery is f.o.b.
destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract
incorporates one or more clauses by reference, with the same force and effect as if they
were given in full text. Upon request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed electronically at this/these
address(es):
[Insert one or more Internet addresses]
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items
that conform to the requirements of this contract. The Government reserves the right to
inspect or test any supplies or services that have been tendered for acceptance. The
Government may require repair or replacement of nonconforming supplies or
reperformance of nonconforming services at no increase in contract price. The
Government must exercise its post acceptance rights-
(1) Within a reasonable period of time after the defect was discovered or should have
been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change
is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of the Contractor and without its
fault or negligence, such as acts of God or the public enemy, acts of the Government in
either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers. The
Contractor shall notify the Contracting Officer in writing as soon as it is reasonably
possible after the commencement of any excusable delay, setting forth the full particulars
in connection therewith, shall remedy such occurrence with all reasonable dispatch,
and shall promptly give written notice to the Contracting Officer of the cessation of such
occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to
terminate this contract, or any part hereof, for its sole convenience. In the event of such
termination, the Contractor shall immediately stop all work hereunder
and shall immediately cause any and all of its suppliers and subcontractors to cease
work. Subject to the terms of this contract, the Contractor shall be paid a percentage of
the contract price reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges that the Contractor can demonstrate to the
satisfaction of the Government, using its standard record keeping system, have resulted
from the termination. The Contractor shall not be required to comply with the cost
accounting standards or -contract cost principles for this purpose. This paragraph does
not give the Government any right to audit the Contractor's records. The
Contractor shall not be paid for any work performed or costs incurred that reasonably
could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part
hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to
comply with any contract terms and conditions, or fails to provide the Government, upon
request, with adequate assurances of future performance. In the event of termination for
cause, the Government shall not be liable to the Contractor for any amount for supplies or
services not accepted, and the Contractor shall be liable to the Government for any and
all rights and remedies provided by law. If it is determined that the Government improperly
terminated this contract for default, such termination shall be deemed a termination for
convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are
merchantable and fit for use for the particular purpose described in this contract.
(End of clause)
52.222-9Apprentices and Trainees.
As prescribed in 22.407(a), insert the following clause:
Apprentices and Trainees (July 2005) (DEVIATION FEB 2025)
(a)Apprentices.
(1)An apprentice will be permitted to work at less than the predetermined rate for the
work performed when employed-
(i)Pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration,
Office of Apprenticeship Training, Employer, and Labor Services (OATELS) or with a
State Apprenticeship Agency recognized by the OATELS; or
(ii)ln the first 90 days of probationary employment as an apprentice in such an
apprenticeship program, even though not individually registered in the program, if
certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice.
(2)The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Contractor as to the
entire work force under the registered program.
(3)Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated in paragraph (a)(1) of this clause, shall be paid not less
than the applicable wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed.
(4)Where a Contractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at
not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination.
(5)Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be
paid in accordance with that determination.
(6)ln the event OATELS, or a State Apprenticeship Agency recognized by OATELS,
withdraws approval of an apprenticeship program, the Contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(b)Trainees.
(1)Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer, and Labor Services
(OATELS). The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by OATELS.
(2)Every trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount
of fringe benefits listed in the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with
the corresponding journeyman wage rate in the wage determination which provides for
less than full fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the
OATELS shall be paid not less than the applicable wage rate in the wage determination
for the classification of work actually performed. In addition, any trainee performing work
on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate in the wage determination for the work
actually performed.
(3)In the event OATELS withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(End of clause)
52.222-21 Prohibition of Segregated Facilities (Apr 2015) [Reserved]
52.222-22 Previous Contracts and Compliance Reports (Feb 1999) [Reserved]
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity for Construction (Feb 1999) [Reserved]
52.222-24 Preaward On -Site Equal Opportunity Compliance Evaluation (Feb 1999)
[Reserved]
52.222-25 Affirmative Action Compliance (Apr 1984) [Reserved]
52.222-26 Equal Opportunity (Sept 2016) [Reserved]
52.222-27 Affirmative Action Compliance Requirements for Construction (Apr
2015) [Reserved]
52.222-29 Notification of Visa Denial (Apr 2015) [Reserved]
52.223-1 Biobased Product Certification.
As prescribed in 23.109(c)(1), insert the following provision:
52.223-1, Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025)
As required by the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101(4))
and the Energy Policy Act of 2005 ( 7 U.S.C. 8102(a)(2)(F)), the offeror certifies, by
signing this offer, that biobased products (within categories of products listed by
the United States Department of Agriculture at
[https.11www.biopreferred.gov/resourceslcate_gories.htmf) to be used or delivered
in the performance of the contract, other than biobased products that are not purchased
by the offeror as a direct result of this contract, will comply with the applicable
specifications or other contractual requirements.
(End of provision)
52.223-2 Reporting of Biobased Products Under Service and Construction
Contracts.
As prescribed in 23.109(c)(2), insert the following clause:
52.223-2, Reporting of Biobased Products Under Service and Construction
Contracts (MAY 2024) (DEVIATION FEB 2025)
(a) Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture
(USDA) to be a commercial product or industrial product (other than food or feed) that is
composed, in whole or in significant part, of biological products, including renewable
domestic agricultural materials and forestry materials, or that is an intermediate
ingredient or feedstock. The term includes, with respect to forestry materials,
forest products that meet biobased content requirements, notwithstanding the market
share the product holds, the age of the product, or whether the market for the product is
new or emerging. ( 7 U.S.C. 8101) ( 7 CFR 4270.2).
USDA -designated product category means a generic grouping of products that are or
can be made with biobased materials—
(1) That are listed by USDA in a procurement guideline available at
https://www.biopreferred.gov/resources/categories.html; and
(2) For which USDA has provided purchasing recommendations (available
at httos://www.biopreferred.gov ) or 7 CFR part 4270.
(b) The Contractor shall report to https:llwww.sam..gov, with a copy to the Contracting
Officer, on the product types and dollar value of any biobased products in USDA -
designated product categories purchased by the Contractor during the previous
Government fiscal year, between October 1 and September 30; and
(c) Submit this report no later than—
(1) October 31 of each year during contract performance; and
(2) At the end of contract performance.
(End of clause)
52.223-10 Waste Reduction Program.
As prescribed in 23.406(c), insert the following clause:
52.223-10, Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)
(a) Definitions. As used in this clause -
Recycling means the series of activities, including collection, separation, and
processing, by which products or other materials are recovered from the
solid waste stream for use in the form of raw materials in the manufacture
of products other than fuel for producing heat or power by combustion.
Waste prevention means any change in the design, manufacturing, purchase, or use of
materials or products (including packaging) to reduce their amount or toxicity before
they are discarded. Waste prevention also refers to the reuse of products or materials.
Waste reduction means preventing or decreasing the amount of waste being generated
through waste prevention, recycling, or purchasing recycled and environmentally
preferable products.
(b) The Contractor shall establish a program to promote cost-
effective waste reduction in all operations and facilities covered by this contract. The
Contractor's programs shall comply with applicable Federal, State, and local
requirements, specifically including Section 6002 of the Resource Conservation and
Recovery Act ( 42 U.S.C.6962, etseq.) and implementing regulations (40 CFR Part
247).
(End of clause)
52.223-19 Compliance with Environmental Management Systems.
As prescribed in 23.406(b), insert the following clause:
Compliance with Environmental Management Systems (May 2011) (DEVIATION
FEB 2025) [RESERVED]
(End of clause)
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -
Representation.
As prescribed in 23.502, insert the following clause:
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -
Representation (Dec 2016) (DEVIATION FEB 2025) [RESERVED]
(End of clause)
52.223-23 Sustainable Products and Services.
As prescribed in 23.109(a), insert the following clause:
52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025)
(a) Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture
(USDA) to be a commercial product or industrial product (other than food or feed) that is
composed, in whole or in significant part, of biological products, including renewable
domestic agricultural materials and forestry materials, or that is an intermediate
ingredient or feedstock. The term includes, with respect to forestry materials,
forest products that meet biobased content requirements, notwithstanding the market
share the product holds, the age of the product, or whether the market for the product is
new or emerging. ( 7 U.S.C. 8101) ( 7 CFR part 4270.2).
Recovered material means waste materials and by-products recovered or diverted from
solid waste, but the term does not include those materials and by-products generated
from, and commonly reused within, an original manufacturing process. ( 42 U.S.C.
6903).
Sustainable products and services means:
(1) Products containing recovered material designated by the U.S. Environmental
Protection Agency (EPA) under the Comprehensive Procurement Guidelines ( 42
U.S.C. 6962) ( 40 CFR part 247) ( https://www.epa.gov/ smm/ comprehensive-
procurement-quideline-cpq-program#products).
(2) Energy- and water -efficient products that are ENERGY STAR® certified or Federal
Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10
CFR part 436, subpart C) ( https://www.ener-gy.gov/ eere/ femp/ search -energy -efficient -
products and https://www.energystar.gov/ products? s= mega).
(3) Biobased products meeting the content requirement of the USDA under the
BioPreferred® program ( 7 U.S.C. 8102) ( 7 CFR part 3201)
( https://www.biopreferred.gov).
(4) Acceptable chemicals, products, and manufacturing processes listed under EPA's
Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth
transition away from substances that contribute to the depletion of stratospheric ozone
( 42 U.S.C. 76711) ( 40 CFR part 82, subpart G) ( https://www.epa.-gov/ snap).
(b) Requirements.
(1) The, sustainable products and services, including the purchasing program and type
of product or service, that are applicable to this
contract, and any products or services that are not subject to this clause, will be set
forth in the statement of work or elsewhere in the contract.
(2) The Contractor shall ensure that the sustainable products and services required by
this contract are—
(i) Delivered to the Government,
(ii) Furnished for use by the Government;
(iii) Incorporated into the construction of a public building or public work; and
(iv) Furnished for use in performing services under this contract, where the cost of
the products is a direct cost to this contract (versus costs which are normally applied to
the Contractor's general and administrative expenses or indirect costs). This
includes services performed by contractors performing management and operation of
Government -owned facilities to the same extent that, at the time of award, an agency
would be required to comply if an agency operated or supported the facility.
(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/
green procurement provides a comprehensive list
of sustainable products and services and sustainable acquisition guidance. The
Contractor should review the GPC when determining which statutory purchasing
programs apply to a specific product or service.
End of clause
52.244-6 Subcontracts for Commercial Products and Commercial Services.
As prescribed in 44.403 , insert the following clause:
Subcontracts for Commercial Products and Commercial Services (Jan 2025)
(DEVIATION FEB 2026)
(a)Definitions. As used in this clause —
Commercial product, commercial service and commercially available off -the -shelf
item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101.
Subcontract includes a transfer of commercial products or commercial services between
divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b)To the maximum extent practicable, the Contractor shall incorporate, and require its
subcontractors at all tiers to incorporate, commercial products, commercial services, or
non -developmental items as components of items to be supplied under this contract.
(c)
(1)The Contractor shall insert the following clauses in subcontracts for commercial
products or commercial services:
(i)52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date
of subcontract award, and has a performance period of more than 120 days. In altering
this clause to identify the appropriate parties, all disclosures of violation of the civil False
Claims Act or of Federal criminal law shall be directed to the agency Office of the
Inspector General, with a copy to the Contracting Officer.
(ii)52.203-15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract
is funded under the Recovery Act.
(iii)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).
(iv)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017).
(v)52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov
2021) , other than subcontracts for commercially available off -the -shelf items, if flow
down is required in accordance with paragraph (c) of FAR clause 52.204-21.
(vi)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).
(vii)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).
(viii)52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section
102 of Division R of Pub. L. 117-328).
(ix)
(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.
(x)52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C.637(d)(2)
and (3)), if the subcontract offers 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.
(xi) [Reserved]
(xii) [Reserved]
(xiii)52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212(a));
(xiv)52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020)(29 U.S.C.793).
(xv)52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).
(xvi)52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f)
of FAR clause 52.222-40.
(xvii)
(A)52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
(B)Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O. 13627).
(xviii)52.222-55, Minimum Wages for Contractor Workers under Executive Order
14026 (Jan 2022), if flow down is required in accordance with paragraph (k) of FAR
clause 52.222-55.
(xix)52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706),
if flow down is required in accordance with paragraph (m) of FAR clause 52.222-62.
(xx)
(A)52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a) if flow down is required in
accordance with 52.224-3(f).
(B)Alternate I (Jan 2017) of 52.224-3, if flow down is required in accordance
with 52.224-3(f) and the agency specifies that only its agency -provided training is
acceptable).
(xxi)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).
(xxii)52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (Mar 2023) , if flow down is required in accordance with paragraph (c) of
FAR clause 52.232-40.
(xxiii)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled
by American Security Drone Act -Covered Foreign Entities (Nov 2024) (Sections 1821-
1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxiv)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), if flow down is required in accordance
with paragraph (d) of FAR clause 52.247-64.
(2)While not required, the Contractor may flow down to subcontracts for commercial
products or commercial services a minimal number of additional clauses necessary to
satisfy its contractual obligations.
(d)The Contractor shall include the terms of this clause, including this paragraph (d), in
subcontracts awarded under this contract.
(End of clause)