HQC00524R0015

1.
REQUISITION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 1 OF 106
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
HQC00524R0015 03-May-2024
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: RONALD MOSLEY 804-734-8000 04:30 PM 03 Jun 2024
9. ISSUED BY CODE 10. THIS ACQUISITION IS
HQC005 UNRESTRICTED OR X SET ASIDE: 100 % FOR:
WOMEN-OWNED SMALL BUSINESS (WOSB)
DEFENSE COMMISSARY AGENCY
X SMALL BUSINESS ELIGIBLE UNDER THE WOMEN-OWNED
ENTERPRISE ACQUISITION DIVISION SMALL BUSINESS PROGRAM
1300 EISENHOWER AVENUE
HUBZONE SMALL NAICS:
FORT GREGG-ADAMS VA 23801-1800 EDWOSB
BUSINESS 492210
SERVICE-DISABLED
TEL: SIZE STANDARD:
VETERAN-OWNED 8(A)
FAX: SMALL BUSINESS $34,000,000
11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING
TION UNLESS BLOCK IS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
MARKED 14. METHOD OF SOLICITATION
DPAS (15 CFR 700)
SEE SCHEDULE RFQ IFB X RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
SEE SCHEDULE
17a.CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/ SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
0
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 29. AWARD OF CONTRACT: REF.
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND OFFER DATED . YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
(TYPE OR PRINT)
TEL:
EMAIL:
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF 106
(CONTINUED)
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/ SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
SEE SCHEDULE
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER
CORRECT FOR
COMPLETE PARTIAL FINAL
PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012) BACK
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212
Section SF 1449 - CONTINUATION SHEET
FOIA
IMPORTANT INFORMATION FREEDOM OF INFORMATION ACT (FOIA)

SOLICITATION AND CONTRACTS FOIA AND POSTING NOTICE
Any award(s) resulting from issuance of this solicitation or quote may be posted in the DeCA Freedom of
Information Act (FOIA) electronic reading room at www.commissaries.com. The posting will contain the total
contract award amount, as well as any awarded individual contract line item pricing (CLIN and Sub-CLIN).
Unexercised option prices will not be published.
In compliance with the provisions of Executive Order 12600, the contract holder may identify to the agency FOIA
Officer ([email protected]), within 21 calendar days of the contract award date, any information contained in the
contract that it deems to be confidential commercial information. The FOIA officer will review the submission
and contact the contract holder with a decision. Failure to identify any such information will be interpreted by the
Agency as the contract holder having no such information to identify or withhold from posting in the FOIA
electronic reading room.
The postings typically take place at a minimum of two distinct points; upon the initial award of the contract and
then again after the final option period has been exercised. However, should a FOIA request for the contract be
received in the interim, the contract may be reposted including any awarded contract pricing up to the date of the
FOIA request. Unexercised option prices will not be published.
This action is being taken to ensure contract award information is available to the general public, as it was in the
past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act
(FOIA).
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001
eCommerce Delivery - Central
FFP
The contractor shall provide eCommerce Delivery Services in accordance with the
Performance Work Statement (PWS).
Base Year Period of Performance: July 1, 2024 - June 30, 2025
NET AMT
3
0001AA
eCommerce Delivery - Central
FFP
Performance Work Statement (PWS). Pricing shall be in accordance with
Enclosure A - Central (Solicitation Pricing Sheet).
Base Year Period of Performance: July 1, 2024 - June 30, 2025
FOB: Destination
R602
NET AMT

1001
OPTION eCommerce Delivery - Central
FFP
Please see Enclosure A – Central (Solicitation Pricing Sheet) in which all

commissary locations are listed along with blocks to input proposed pricing and
radius information.
Option Year One Period of Performance: July 1, 2025 - June 30, 2026
NET AMT
4
1001AA
FFP
Option Year 1 Period of Performance: July 1, 2025 - June 30, 2026
FOB: Destination
R602
NET AMT

2001
FFP
NET AMT
5
2001AA
FFP
Option Year Two - Period of Performance: July 1, 2026 - June 30, 2027
FOB: Destination
R602
NET AMT

3001
FFP
NET AMT
6
3001AA
FFP
FOB: Destination
R602
NET AMT

4001
FFP
NET AMT
7
4001AA
FFP
FOB: Destination
R602
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A
0001AA N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE
0001AA POP 01-JUL-2024 TO N/A N/A

30-JUN-2025 FOB: Destination
8




CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal JUN 2020
Transactions
52.203-19 Prohibition on Requiring Certain Internal Confidentiality JAN 2017
Agreements or Statements
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 System for Award Management Maintenance OCT 2018
52.204-19 Incorporation by Reference of Representations and DEC 2014
Certifications.
52.204-23 Prohibition on Contracting for Hardware, Software, and DEC 2023
Services Developed or Provided by Kaspersky Lab Covered
Entities
52.204-25 Prohibition on Contracting for Certain Telecommunications NOV 2021
and Video Surveillance Services or Equipment
52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015
Corporations
52.212-4 Contract Terms and Conditions--Commercial Products and NOV 2023
Commercial Services
52.216-21 Requirements OCT 1995
52.219-28 Post-Award Small Business Program Rerepresentation SEP 2023
52.219-28 Post-Award Small Business Program Rerepresentation SEP 2023
52.222-5 Construction Wage Rate Requirements--Secondary Site of the MAY 2014
Work
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-37 Employment Reports on Veterans JUN 2020
52.222-40 Notification of Employee Rights Under the National Labor DEC 2010
Relations Act
52.222-50 Combating Trafficking in Persons NOV 2021
52.222-54 Employment Eligibility Verification MAY 2022
52.223-10 Waste Reduction Program MAY 2011
9
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018
Management
52.232-40 Providing Accelerated Payments to Small Business MAR 2023
Subcontractors
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And APR 1984
Vegetation
52.237-3 Continuity Of Services JAN 1991
52.239-1 Privacy or Security Safeguards AUG 1996
52.252-2 Clauses Incorporated By Reference FEB 1998
52.252-6 Authorized Deviations In Clauses NOV 2020
252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022
252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber JAN 2023
Incident Reporting
252.204-7014 Limitations on the Use or Disclosure of Information by JAN 2023
Litigation Support Contractors
252.204-7015 Notice of Authorized Disclosure of Information for Litigation JAN 2023
Support
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By MAY 2019
The Government of a Country that is a State Sponsor of
Terrorism
252.216-7009 Allowability of Legal Costs Incurred in Connection With a DEC 2022
Whistleblower Proceeding
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic JAN 2023
Enterprises, and Native Hawaiian Small Business Concerns
252.227-7015 Technical Data--Commercial Products and Commercial MAR 2023
Services
252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018
Reports
252.232-7010 Levies on Contract Payments DEC 2006
252.232-7010 Levies on Contract Payments DEC 2006
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.239-7010 Cloud Computing Services JAN 2023
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2022
252.244-7000 Subcontracts for Commercial Products or Commercial NOV 2023
Services
CLAUSES INCORPORATED BY FULL TEXT
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)
(a) Definitions. As used in this clause--
10
Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized
to act on behalf of the organization.
Full cooperation—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and
extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete
response to Government auditors' and investigators' request for documents and access to employees with
information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
-
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product
doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her
attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business
segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime
contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer
establishes a longer time period, the Contractor shall--
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall--
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance
with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a
copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract
or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or
subcontractor of the Contractor has committed--
11
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in
Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained
pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or
“proprietary” by the company. To the extent permitted by law and regulation, such information will not be released
by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without
prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any
department or agency within the Executive Branch if the information relates to matters within the organization's
jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not
apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if
this contract is for the acquisition of a commercial product or commercial service as defined at FAR 2.101. The
Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer
establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the
Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and
compliance program and internal control system, by conducting effective training programs and otherwise
disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as
appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall--
(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with
Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the
business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as
having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with
the Contractor's code of business ethics and conduct and the special requirements of Government contracting,
including--
(1) Monitoring and auditing to detect criminal conduct;
12
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal
control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the
business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of
criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which
employees may report suspected instances of improper conduct, and instructions that encourage employees to make
such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper
conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in
connection with the award, performance, or closeout of any Government contract performed by the Contractor or a
subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of
the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or
gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the
agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the
contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that
exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award and a performance period of more
than 120 days.
(2) 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.
(End of clause)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)
Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that
the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor
13
information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality
agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or
services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and
changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or
services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully
reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or
law enforcement representative of a Federal department or agency authorized to receive such information (e.g.,
agency Office of the Inspector General).
(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any
preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such
prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form
312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information
Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure
of classified information.
(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the
Government determines that the Contractor is not in compliance with the provisions of this clause.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such
contracts.
(End of clause)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is
assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for
Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT
indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the
Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact
sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN
validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
System for Award Management (SAM) means the primary Government repository for prospective Federal awardee
and Federal awardee information and the centralized Government system for certain contracting, grants, and other
assistance-related processes. It includes—
14
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;
and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types
of Federal financial and non-financial assistance and benefits.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or
Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was
unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before
three days prior to submission of the first invoice, whichever occurs first.
(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of
any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is
responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting
from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial
registration, the Contractor is required to review and update on an annual basis, from the date of initial registration
or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information
in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed
contractual document.
(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on
the contract), or has transferred the assets used in performing the contract, but has not completed the necessary
requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the
responsible Contracting Officer a minimum of one business day's written notification of its intention to--
(A) Change the name in SAM;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor
shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform
the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or
change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor
indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of
Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in
the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of
Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that
indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be
considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT
clause of this contract.
(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at
www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor
shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the
change, so an appropriate modification can be issued to update the data on the contract. A change in the unique
entity identifier does not necessarily require a novation be accomplished.
15
(e) Contractors may obtain additional information on registration and annual confirmation requirements at
https://www.sam.gov.
(End of clause)
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)
Covered contractor information system means an information system that is owned or operated by a contractor that
processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for
the Government under a contract to develop or deliver a product or service to the Government, but not including
information provided by the Government to the public (such as on public websites) or simple transactional
information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any
medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on
National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing,
maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered
contractor information systems. Requirements and procedures for basic safeguarding of covered contractor
information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices
(including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to
execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access
to
organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or
release for reuse.
16
(viii) Limit physical access to organizational information systems, equipment, and the respective operating
environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage
physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by
organizational information systems) at the external boundaries and key internal boundaries of the information
systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated
from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new

releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are
downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements
specified by Federal agencies and departments relating to covered contractor information systems generally or other
Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order
13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in
subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial
services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal
contract information residing in or transiting through its information system.
(End of clause)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)
Kaspersky Lab covered article means any hardware, software, or service that--
(1) Is developed or provided by a Kaspersky Lab covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab
covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered
entity.
Kaspersky Lab covered entity means--
17
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., "Kaspersky";
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.
115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from--
(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and
(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables
first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during
contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the
Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, 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 (c)(1) of this clause:
(i) Within 3 business days from the date of such identification or notification: The contract number; the order
number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) 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 report pursuant to paragraph (c)(1) 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 a Kaspersky Lab covered article, any reasons that
led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be
incorporated to prevent future use or submission of Kaspersky Lab covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all
subcontracts including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
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).
18
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.
19
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.
20
(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)
52.204-4500 INSTALLATION ACCESS REQUIREMENTS (JAN 31 2012)

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation
access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and
personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain
credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the
contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and
should be included in the contractor's proposed pricing for the product or services being acquired.
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance
will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate
consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-
acceptance rights-
(1) Within a reasonable 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.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of
performance of this contract to a bank, trust company, or other financing institution, including any Federal lending
agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes
payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to
receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the
parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this
contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating
to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation
21
(FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) 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.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the
address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on
Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required
elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,
the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation
provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award
Management, or 52.232-34, Payment by Electronic
Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of
Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against
liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any
22
United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the
Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the
delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate
EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the
invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the
date which appears on the payment check or the specified payment date if an electronic funds transfer payment is
made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of
overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple
interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the
period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for
each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt
within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline
specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
23
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer
(see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default
termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due
date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has
been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to
the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in
effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided
under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) 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 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 which reasonably could have been avoided.
(m) 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.
24
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the
Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) 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.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to
the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive
orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352
relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating
to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87,
Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in
the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to
Government Contracts, and Unauthorized Obligations paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Reserved.
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is
subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or
agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity
for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.
1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause
by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar
legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g.,
"click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any
Government authorized end user to such clause.
25
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized
by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor's representations and certifications, including those completed
electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)
(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 2004s) (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.)
26
___ (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).
____ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (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.
27
____ (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)).
____ (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 Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.
657f).
____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).
____ (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).
____ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126).
____ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
____ (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).
____ (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
28
____ (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 (JUN
2016) (E.O. 13693).
____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
____ (44)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and
13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (45)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-14.
____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
____ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s
13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-16.
____ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).
____ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).
____ (ii) Alternate I (OCT 2022) of 52.225-1.
____ (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note,
19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public
Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I [Reserved].
29
____ (iii) Alternate II (DEC 2022) of 52.225-3.
____ (iv) Alternate III (NOV 2023) of 52.225-3.
____ (v) Alternate IV (OCT 2022) of 52.225-3.
____ (54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes
administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A,
Part V, Subpart G Note).
____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
____ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
____ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV
2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
____ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41
U.S.C. 4505, 10 U.S.C. 3805).
____ (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31
U.S.C. 3332).
____ (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL
2013) (31 U.S.C. 3332).
____ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631).
____ (ii) Alternate I (APR 2003) of 52.247-64.
____ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that
the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of
law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting
Officer check as appropriate.]
_____ (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).
30
_____ (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).
31
(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 (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all
subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts
to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract
award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xvi) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
32
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A,
Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow
down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903
and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305
and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial
services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in
the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor prior to the expiration of the contract performance period.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60
days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60
months.
(End of clause)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)
(a) Definition. Small business concern, as used in this clause--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified as a small business under the size standards
in this solicitation.
33
(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly
controls or has the power to control the others, or a third party or parties control or have the power to control the
others. In determining whether affiliation exists, consideration is given to all appropriate factors including common
ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set
forth at 13 CFR 121.103.
(b) Applicability. This clause applies only to--
(1) Contracts that have been totally set aside for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and
16.505(b)(2)(i)(F).
(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not
small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(End of clause)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (SEP 2023)
(a) Definitions. As used in this contract--
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR
126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small
business concern in the Dynamic Small Business Search (DSBS) and SAM.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled
veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans
or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver
of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-
connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not
dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR
part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract.
Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the
size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined
at 13 CFR 124.104) individuals who are citizens of the United States; and
34
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR
124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by
individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern--
(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(b) It is the policy of the United States that small business concerns, veteran-owned small business concerns,
service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged
business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to
participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems,
assemblies, components, and related services for major systems. It is further the policy of the United States that its
prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their
subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned
small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and
women-owned small business concerns.
(c)(1) A joint venture qualifies as a small business concern if--
(i) Each party to the joint venture qualifies as small under the size standard for the solicitation; or
(ii) The protege is small under the size standard for the solicitation in a joint venture comprised of a mentor and
protege with an approved mentor-protege agreement under a SBA mentor-protege program.
(2) A joint venture qualifies as--
(i) A service-disabled veteran-owned small business concern if it complies with the requirements in 13 CFR part
125; or
(ii) A HUBZone small business concern if it complies with the requirements in 13 CFR 126.616(a) through (c).
(d) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent
consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys
as may be conducted by the United States Small Business Administration or the awarding agency of the United
States as may be necessary to determine the extent of the Contractor's compliance with this clause.
(e)(1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a
small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small
business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status
representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.
35
(2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small
business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small
business, or a women-owned small business in the System for Award Management (SAM) if--
(i) The subcontractor is registered in SAM; and
(ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current,
accurate and complete as of the date of the offer for the subcontract.
(3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in
connection with a subcontract.
(4) In accordance with 13 CFR 121.411, 126.900, 127.700, and 128.600, a contractor acting in good faith is not
liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.
(5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is
certified by SBA as a HUBZone small business concern by accessing SAM or by accessing DSBS at
https://web.sba.gov/pro-net/search/dsp_dsbs.cfm. If the subcontractor is a joint venture, the Contractor shall
confirm that at least one party to the joint venture is certified by SBA as a HUBZone small business concern. The
Contractor may confirm the representation by accessing SAM.
(End of clause)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating
areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or
national origin because of written or oral policies or employee custom. The term does not include separate or single-
user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs, andis found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities
at any of its establishments, and that it does not and will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this
clause is a violation of the Equal Opportunity clause in this contract.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal
Opportunity clause of this contract.
(End of clause)
52.222-26 EQUAL OPPORTUNITY (SEPT 2016)
36
Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as
remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses,
commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit
sharing, and retirement.
Compensation information means the amount and type of compensation provided to employees or offered to
applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for
the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees
with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job
analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and
Contractor decisions, statements and policies related to setting or altering employee compensation.
Essential job functions means the fundamental job duties of the employment position an individual holds. A job
function may be considered essential if--
(1) The access to compensation information is necessary in order to perform that function or another routinely
assigned business task; or
(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel
records, including compensation information.
Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance
United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American
Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor
has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of
$10,000, the Contractor shall comply with this clause, except for work performed outside the United States by
employees who were not recruited within the United States. Upon request, the Contractor shall provide information
necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of
this clause do not apply with respect to the employment of individuals of a particular religion to perform work
connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).
(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this
clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an
Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by
41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer,
(v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of
compensation, and (viii) selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the
notices to be provided by the Contracting Officer that explain this clause.
37
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, sexual orientation, gender identity, or national origin.
(5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This prohibition against discrimination does
not apply to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other employees
or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to
furnish information.
(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using
language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees
and applicants by--
(A) Incorporation into existing employee manuals or handbooks; and
(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and
applicants for employment.
(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment.
(7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of
the Secretary of Labor.
(8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as
amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard
Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within
the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply
to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal
Employment Opportunity Commission for the necessary forms.
(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or
the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The
Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized
records), and other material that may be relevant to the matter under investigation and pertinent to compliance with
Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.
(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or
order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts, under the procedures authorized in
Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the
Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary
of Labor; or as otherwise provided by law.
(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that
is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as
amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
38
(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of
OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance;
provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the
interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the
procedures in 41 CFR part 60-1.
(End of clause)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran,"
"protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at
Federal Acquisition Regulation (FAR) 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41
CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans,
and requires affirmative action by the Contractor to employ and advance in employment qualified protected
veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold
specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of
the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance
Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be
made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41
CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the
basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified
individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in
excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract
award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract
Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance.
Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their
undertakings.
(End of clause)
39
52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)
(a) Definitions. As used in this clause, "active duty wartime or campaign badge veteran," "Armed Forces service
medal veteran," "disabled veteran," "protected veteran," and "recently separated veteran," have the meanings given
in Federal Acquisition Regulation (FAR) 22.1301.
(b) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as
required by the Secretary of Labor, on--
(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are
protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans,
disabled veterans, and recently separated veterans);
(2) The total number of new employees hired during the period covered by the report, and of the total, the number of
protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans,
disabled veterans, and recently separated veterans); and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring
location during the period covered by the report.
(c) The Contractor shall report the above items by filing the VETS-4212 "Federal Contractor Veterans' Employment
Report" (see "VETS-4212 Federal Contractor Reporting" and "Filing Your VETS-
4212 Report" at http://www.dol.gov/vets/vets4212.htm).
(d) The Contractor shall file VETS-4212 Reports no later than September 30 of each year.
(e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new
hires, and maximum and minimum number of employees, during the most recent 12-month period preceding the
ending date selected for the report. Contractors may select an ending date--
(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or
(2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity
Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).
(f) The number of veterans reported must be based on data known to the contractor when completing the VETS-
4212. The contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to
applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual
knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for
discrimination under 38 U.S.C. 4212.
(g) The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in
FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary
of Labor.
(End of clause)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
40
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and
containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and
offices where employees covered by the National Labor Relations Act engage in activities relating to
the performance of the contract, including all places where notices to employees are customarily posted both
physically and electronically, in the languages employees speak, in accordance with
29 CFR 471.2(d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and
offices so that the notice is prominent and readily seen by employees who are covered by the National Labor
Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the
required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is
customarily used for notices to employees about terms and conditions of employment, a link to the Department of
Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in
(b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively
with Their Employers.''
(b) This required employee notice, printed by the Department of Labor, may be--
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or
from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance
Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at

http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR
Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders
of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of
this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended
or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as
are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every
subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by
the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of
January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive
Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of
Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
41
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such
involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of
Labor, to enter into such litigation to protect the interests of the United States.
(End of clause)
52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)
"Contractor," when this clause is used in any subcontract, shall be deemed to refer to the subcontractor, except in the
term "Government Prime Contractor."
"Service employee," means any person engaged in the performance of this contract other than any person employed
in a bona fide executive, administrative, or professional capacity, as these terms are defined in Part 541 of Title 29,
Code of Federal Regulations, as revised. It includes all such persons regardless of any contractual relationship that
may be alleged to exist between a Contractor or subcontractor and such persons.
(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of 41
U.S.C. chapter 67, Service Contract Labor Standards and regulations of the Secretary of Labor (29 CFR Part 4). This
clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted
by 41 U.S.C. 6702, as interpreted in Subpart C of 29 CFR Part 4.
(c) Compensation. (1) Each service employee employed in the performance of this contract by the Contractor or any
subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in
accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as
specified in any wage determination attached to this contract.
(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service
employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed
is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship
(i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the
wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe
benefits as are determined pursuant to the procedures in this paragraph (c).
(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the
unlisted class of employee. The Contractor shall submit Standard Form (SF) 1444, Request For Authorization of
Additional Classification and Rate, to the Contracting Officer no later than 30 days after the unlisted class of
employee performs any contract work. The Contracting Officer shall review the proposed classification and rate and
promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement
of the employees' authorized representatives or the employees themselves together with the agency
recommendation), and all pertinent information to the Wage and Hour Division, U.S. Department of Labor. The
Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event
of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that
additional time is necessary.
(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the
Contracting Officer who shall promptly notify the Contractor of the action taken. Each affected employee shall be
furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage
determination.
(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in
a wage determination cannot be reduced to any single formula. The approach used may vary from wage
determination to wage determination depending on the circumstances. Standard wage and salary administration
42
practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for
example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay
systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in
the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay
relationship should be maintained between job classifications based on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any
other case where a Contractor succeeds a contract under which the classification in question was previously
conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned
to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an
amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and
fringe benefits specified for all classifications to be used on the contract which are listed in the current wage
determination, and those specified for the corresponding classifications in the previously applicable wage
determination. Where conforming actions are accomplished in accordance with this paragraph prior to the
performance of contract work by the unlisted class of employees, the Contractor shall advise the Contracting Officer
of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.
(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently
applicable minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended.
(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of this clause shall be paid to
all employees performing in the classification from the first day on which contract work is performed by them in the
classification. Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or
finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced
contract work shall be a violation of the Act and this contract.
(vi) Upon discovery of failure to comply with subparagraph (c)(2) of this clause, the Wage and Hour Division shall
make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive
to the date such class or classes of employees commenced contract work.
(3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum monetary wages and
fringe benefits required to be paid or furnished thereunder to service employees under this contract shall be subject
to adjustment after 1 year and not less often than once every 2 years, under wage determinations issued by the Wage
and Hour Division.
(d) Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge the obligation to furnish
fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this clause by furnishing
equivalent combinations of bona fide fringe benefits, or by making equivalent or differential cash payments, only in
accordance with Subpart D of 29 CFR Part 4.
(e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the Contractor nor any
subcontractor under this contract shall pay any person performing work under this contract (regardless of whether
the person is a service employee) less than the minimum wage specified by section 6(a)(1) of the Fair Labor
Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other
obligation under law or contract for payment of a higher wage to any employee.
(f) Successor Contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute
under which substantially the same services were furnished in the same locality and service employees were paid
wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage
attachment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the
Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract
work (regardless of whether or not such employee was employed under the predecessor contract), less than the
wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have
been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any
prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or
subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR
43
4.1b(b) apply or unless the Secretary of Labor or the Secretary's authorized representative finds, after a hearing as
provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at
variance with those which prevail for services of a character similar in the locality, or determines, as provided in 29
CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor
contract was not entered into as a result of arm's length negotiations. Where it is found in accordance with the
review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe
benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with
those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement
applicable to service employees employed under the predecessor contract was not entered into as a result of arm's
length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage
rates and fringe benefits. Such determination shall be made part of the contract or subcontract, in accordance with
the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case
may be, irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53
Comp. Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial
variance, such determination shall be effective as of the date of the final administrative decision.
(g) Notification to Employees. The Contractor and any subcontractor under this contract shall notify each service
employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be
paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by
the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite.
Failure to comply with this requirement is a violation of 41 U.S.C. 6703 and of this contract.
(h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of the services
called for by this contract to be performed in buildings or surroundings or under working conditions provided by or
under the control or supervision of the Contractor or subcontractor which are unsanitary, hazardous, or dangerous to
the health or safety of the service employees. The Contractor or subcontractor shall comply with the safety and
health standards applied under 29 CFR Part 1925.
(i) Records. (1) The Contractor and each subcontractor performing work subject to the Service Contract Labor
Standards statute shall make and maintain for 3 years from the completion of the work, and make them available for
inspection and transcription by authorized representatives of the Wage and Hour Division, a record of the following:
(i) For each employee subject to the Service Contract Labor Standards statute --
(A) Name and address and social security number;
(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided,
rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;
(C) Daily and weekly hours worked by each employee; and
(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.
(ii) For those classes of service employees not included in any wage determination attached to this contract, wage
rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative
under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause
will fulfill this requirement.
(iii) Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by
paragraph (n) of this clause.
(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized
representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a
violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting
44
Officer, upon direction of the Department of Labor and notification to the Contractor, shall take action to cause
suspension of any further payment or advance of funds until the violation ceases.
(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews
with employees at the worksite during normal working hours.
(j) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor
Standards statute all wages due free and clear and without subsequent deduction (except as otherwise provided by
law or regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than
one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period
under the Service Contract Labor Standards statute may not be of any duration longer than semi-monthly.
(k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or cause to be
withheld from the Government Prime Contractor under this or any other Government contract with the Prime
Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting
Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor. In the
event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages
or fringe benefits due under the Service Contract Labor Standards statute, the Contracting Officer may, after
authorization or by direction of the Department of Labor and written notification to the Contractor, take action to
cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any
failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with
the contract work. In such event, the Government may enter into other contracts or arrangements for completion of
the work, charging the Contractor in default with any additional cost.
(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Service Contract Labor
Standards statute.
(m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be
furnished any service employees employed by the Government Prime Contractor or any subcontractor under the
contract are provided for in a collective bargaining agreement which is or will be effective during any period in
which the contract is being performed, the Government Prime Contractor shall report such fact to the Contracting
Officer, together with full information as to the application and accrual of such wages and fringe benefits, including
any prospective increases, to service employees engaged in work on the contract, and a copy of the collective
bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of
collective bargaining agreements effective at such time, and in the case of such agreements or provisions or
amendments thereof effective at a later time during the period of contract performance such agreements shall be
reported promptly after negotiation thereof.
(n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a Federal facility
where service employees may be retained in the performance of the succeeding contract and subject to a wage
determination which contains vacation or other benefit provisions based upon length of service with a Contractor
(predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a
certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last
month of contract performance. Such list shall also contain anniversary dates of employment on the contract either
with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over
such list to the successor Contractor at the commencement of the succeeding contract.
(o) Rulings and Interpretations. Rulings and interpretations of the Service Contract Labor Standards statute are
contained in Regulations, 29 CFR Part 4.
(p) Contractor's Certification.
(1) By entering into this contract, the Contractor (and officials thereof) certifies that neither it nor any person or firm
who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of the sanctions imposed under 41 U.S.C. 6706.
45
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract under 41 U.S.C. 6706.
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(q) Variations, Tolerances, and Exemptions Involving Employment. Notwithstanding any of the provisions in
paragraphs (b) through (o) of this clause, the following employees may be employed in accordance with the
following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to 41 U.S.C. 6707 prior to
its amendment by Pub. L. 92-473, found to be necessary and proper in the public interest or to avoid serious
impairment of the conduct of Government business:
(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical or mental
deficiency, or injury may be employed at wages lower than the minimum wages otherwise required by 41 U.S.C.
6703(1) without diminishing any fringe benefits or cash payments in lieu thereof required under 41 U.S.C. 6703(2),
in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners,
persons with disabilities, and disabled clients of work centers under section 14 of the Fair Labor Standards Act of
1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525).
(2) The Administrator will issue certificates under the statute for the employment of apprentices, student-learners,
persons with disabilities, or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938, or
subject to different minimum rates of pay under the two statutes, authorizing appropriate rates of minimum
wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu
thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of
1938 (29 CFR parts 520, 521, 524, and 525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in 29
CFR Parts 525 and 528.
(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they perform
when they are employed and individually registered in a bona fide apprenticeship program registered with a State
Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency
exists in a State, under a program registered with the Office of Apprenticeship Training, Employer, and Labor
Services (OATELS), U.S. Department of Labor. Any employee who is not registered as an apprentice in an
approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for
the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the
wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of
the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to
journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to
the Contractor as to his entire work force under the registered program.
(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly receives more
than $30 a month in tips may have the amount of these tips credited by the employer against the minimum wage
required by 41 U.S.C. 6703(1), in accordance with section 3(m) of the Fair Labor Standards Act and Regulations, 29
CFR Part 531. However, the amount of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this
provision--
(1) The employer must inform tipped employees about this tip credit allowance before the credit is utilized;
(2) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless
of whether the employer elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee receives at least the applicable Service
Contract Labor Standards minimum wage through the combination of direct wages and tip credit; and
(4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement
applicable by virtue of 41 U.S.C. 6707(c).
46
Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth in 29 CFR Parts 4, 6, and 8
procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in
accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this
clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
(End of clause)
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29
CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and
states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits
31043 Courier Driver
A complete copy can be obtained at: Access http://sam.gov for store location, then use the job title Survey Worker
to determine the wage rate.
Access https://wageandsalary.dcpas.osd.mil/BWN/AFWageSchedules/ for store location, then compare the wage

rate to the WG scale.
(End of clause)
52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized
to act on behalf of the organization.
Coercion means--
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in
serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
Commercially available off-the-shelf (COTS) item--
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal
Acquisition Regulation (FAR) 2.101);
47
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form
in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum
products.
Commercial sex act means any sex act on account of which anything of value is given to or received by any person.
Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal
services or of those of a person under his or her control as a security for debt, if the value of those services as
reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are
not respectively limited and defined.
Employee means an employee of the Contractor directly engaged in the performance of work under the contract who
has other than a minimal impact or involvement in contract performance.
Forced Labor means knowingly providing or obtaining the labor or services of a person--
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not
perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
Involuntary servitude includes a condition of servitude induced by means of--
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or
continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that
are associated with the recruiting process, regardless of the time, manner, or location of
imposition or collection of the fee.
(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting
process) for--
(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing
orientation to, skills testing, recommending, or placing employees or potential employees;
(ii) Advertising;
(iii) Obtaining permanent or temporary labor certification, including any associated fees;
(iv) Processing applications and petitions;
(v) Acquiring visas, including any associated fees;
(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;
(vii) Accessing the job opportunity, including required medical examinations and immunizations; background,
reference, and security clearance checks and examinations; and additional certifications;
48
(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;
(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to
employees or potential employees;
(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;
(xi) Transportation and subsistence costs--
(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and
travel taxes associated with travel from the country of origin to the country of performance and the return journey
upon the end of employment; and
(B) From the airport or disembarkation point to the worksite;
(xii) Security deposits, bonds, and insurance; and
(xiii) Equipment charges.
(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of
whether the payment is--
(i) Paid in property or money;
(ii) Deducted from wages;
(iii) Paid back in wage or benefit concessions;
(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or
(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--
(A) Agents;
(B) Labor brokers;
(C) Recruiters;
(D) Staffing firms (including private employment and placement firms);
(E) Subsidiaries/affiliates of the employer;
(F) Any agent or employee of such entities; and
(G) Subcontractors at all tiers.
Severe forms of trafficking in persons means--
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person
induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
49
Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose
of a commercial sex act.
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime
contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the
trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not--
(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
(2) Procure commercial sex acts during the period of performance of the contract;
(3) Use forced labor in the performance of the contract;
(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration
documents, such as passports or drivers' licenses, regardless of issuing authority;
(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such
as failing to disclose, in a format and language understood by the employee or
potential employee, basic information or making material misrepresentations during the recruitment of employees
regarding the key terms and conditions of employment, including wages and fringe
benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or
arranged), any significant costs to be charged to the employee or potential employee,
and, if applicable, the hazardous nature of the work;
(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;
(6) Charge employees or potential employees recruitment fees;
(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--
(A) For an employee who is not a national of the country in which the work is taking place and who was brought
into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts
performed outside the United States); or
(B) For an employee who is not a United States national and who was brought into the United States for the purpose
of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing
temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts
performed inside the United States); except that--
(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--
(A) Legally permitted to remain in the country of employment and who chooses to do so; or
(B) Exempted by an authorized official of the contracting agency from the requirement to provide return
transportation or pay for the cost of return transportation;
(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is
seeking victim services or legal redress in the country of employment, or for a witness in an
50
enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the
cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For
example, the contractor shall not only offer return transportation to a witness at a time when the witness is still
needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.
(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or
(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required
work document in writing. Such written work document shall be in a language the employee understands. If the
employee must relocate to perform the work, the work document shall be provided to the employee at least five days
prior to the employee relocating. The employee's work document shall include, but is not limited to, details about
work description, wages, prohibition on charging
recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation
arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in
persons.
(c) Contractor requirements. The Contractor shall--
(1) Notify its employees and agents of--
(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this
clause; and
(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for
employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of
employment; and
(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that
violate the policy in paragraph (b) of this clause.
(d) Notification.
(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of--
(i) Any credible information it receives from any source (including host country law enforcement) that alleges a
Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the
policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-
13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office
of the Inspector General when the Contractor has credible
evidence of fraud); and
(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant
to this clause.
(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting
officer for the contract with the highest dollar value.
(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the
requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result
in--
(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;
51
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government
determined Contractor non-compliance;
(5) Declining to exercise available options under the contract;
(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or
(7) Suspension or debarment.
(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the
following:
(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the
time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation,
that may include reparation to victims for such violations.
(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a
compliance plan, when directed by the Contracting Officer to do so.
(g) Full cooperation. (1) The Contractor shall, at a minimum--
(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and
the individuals responsible for the conduct;
(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;
(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to
allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions
to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or
any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of
commercial sex acts, or the use of forced labor; and
(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the
country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from
cooperating fully with Government authorities.
(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the
terms of the contract. It does not--
(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work
product doctrine;
(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive
his or her attorney client privilege or Fifth Amendment rights; or
(iii) Restrict the Contractor from--
(A) Conducting an internal investigation; or
(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
(h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that--
(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or
services to be performed outside the United States; and
52
(ii) Has an estimated value that exceeds $550,000.
(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate--
(i) To the size and complexity of the contract; and
(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-
United States citizens expected to be employed and the risk that the contract or subcontract will involve services or
supplies susceptible to trafficking in persons.
(3) Minimum requirements. The compliance plan must include, at a minimum, the following:
(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-
related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken
against the employee for violations. Additional information about Trafficking in Persons and examples of awareness
programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in
Persons at http://www.state.gov/j/tip/.
(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting
trafficking in persons, including a means to make available to all employees and potential employees the hotline
phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at
[email protected].
(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees,
prohibits charging recruitment fees to the employee or potential employee, and ensures that wages meet applicable
host-country legal requirements or explains any variance.
(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the
housing meets host-country housing and safety standards.
(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking
in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents,
subcontracts, or subcontractor employees that have engaged in such activities.
(4) Posting.
(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract
performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the
Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the
Contractor shall provide the relevant contents of the compliance plan to each worker in writing.
(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.
(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting
Officer that--
(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this
clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in
prohibited activities; and
(ii) After having conducted due diligence, either--
(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their
agents is engaged in any such activities; or
53
(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found,
the Contractor or subcontractor has taken the appropriate remedial and referral actions.
(i) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (i), in all
subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any
portion of the subcontract that--
(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or
services to be performed outside the United States; and
(ii) Has an estimated value that exceeds $550,000.
(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission
prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph
(h)(5) of this clause.
(End of clause)
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)
(a) The items of equipment to be serviced under this contract are used regularly for other than Government purposes,
and are sold or traded by the Contractor in substantial quantities to the general public in the course of normal
business operations.
(b) The services shall be furnished at prices which are, or are based on, established catalog or market prices for the
maintenance, calibration, or repair of equipment.
(1) An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly
maintained by the manufacturer or the Contractor, is either published or otherwise available for inspection by
customers, and states prices at which sales currently, or were last, made to a significant number of buyers
constituting the general public.
(2) An “established market price” is a current price, established in the usual course of trade between buyers and
sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Contractor.
(c) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
shall be the same as that used for these employees and for equivalent employees servicing the same equipment of
commercial customers.
(d) The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The
Contractor shall determine the applicability of this exemption to any subcontract on or before subcontract award. In
making a judgment that the exemption applies, the Contractor shall consider all factors and make an affirmative
determination that all of the conditions in paragraphs (a) through (c) of this clause will be met.
(e) If the Department of Labor determines that any conditions for exemption in paragraphs (a) through (c) of this
clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the
Service Contract Labor Standards statute. In such case, the procedures at 29 CFR 4.123(e)(1)(iv) and 29 CFR 4.5(c)
will be followed.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts for exempt
services under this contract.
54
(End of clause)
52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO

CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (MAY 2014)
(a) The services under this contract are offered and sold regularly to non-Governmental customers, and are provided
by the Contractor to the general public in substantial quantities in the course of normal business operations.
(b) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An
“established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly
maintained by the manufacturer or the Contractor, is either published or otherwise available for inspection by
customers, and states prices at which sales currently, or were last, made to a significant number of buyers
constituting the general public. An “established market price” is a current price, established in the usual course of
ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources
independent of the manufacturer or Contractor.
(c) Each service employee who will perform the services under the contract will spend only a small portion of his or
her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20
percent of available hours during the contract period if the contract period is less than a month) servicing the
Government contract.
(d) The Contractor uses the same compensation (wage and fringe benefits) plan for all service employees
performing work under the contract as the Contractor uses for these employees and for equivalent employees
servicing commercial customers.
(e)(1) Except for services identified in FAR 22.1003-4(d)(1)(iv), the subcontractor for exempt services shall be
selected for award based on other factors in addition to price or cost with the combination of other factors at least as
important as price or cost; or
(2) A subcontract for exempt services shall be awarded on a sole source basis.
(f) The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The
Contractor shall determine in advance, based on the nature of the subcontract requirements and knowledge of the
practices of likely subcontractors, that all or nearly all likely subcontractors will meet the conditions in paragraphs
(a) through (d) of this clause. If the services are currently being performed under a subcontract, the Contractor shall
consider the practices of the existing subcontractor in making a determination regarding the conditions in paragraphs
(a) through (d) of this clause. If the Contractor has reason to doubt the validity of the certification, the requirements
of the Service Contract Labor Standards statute shall be included in the subcontract.
(g) If the Department of Labor determines that any conditions for exemption at paragraphs (a) through (e) of this
clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the
Service Contract Labor Standards statute. In such case, the procedures in at 29 CFR 4.123(e)(2)(iii) and 29 CFR
4.5(c) will be followed.
(h) The Contractor shall include the substance of this clause, including this paragraph (h), in subcontracts for exempt
services under this contract.
(End of clause)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)
55
(a) Definitions. As used in this clause--Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply that is--
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal
Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial
marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum
products. Per 46 CFR 525.1(c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without
mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal
equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27,
2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United
States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered
to be directly performing work under a contract if the employee--
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services
for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes
and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime
Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam,
the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.
(b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor
shall--
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify
to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United
States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3)
of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification
within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the
contract, whichever date is later (but see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall
use E-Verify to initiate verification of employment eligibility of--
56
(i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new
hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3
business days after the date of hire (but see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-
Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United
States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3)
of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate
verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract,
whichever date is later (but see paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local
government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover
agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify
only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the
applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of
new employees applies only to new employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing
employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana
Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each
existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in
the Commonwealth of the Northern Mariana Islands), within 180 calendar days of--
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact
information provided in the E-Verify program Memorandum of Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-
Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the
Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case,
the Contractor will be referred to a suspension or debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension or debarment official
whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the
suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must
reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the
Department of Homeland Security Web site: https://www.e-Verify.gov.
(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment
verification using E-Verify for any employee--
(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret,
or top secret information in accordance with the National Industrial Security Program Operating Manual; or
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(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland
Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and
Contractors.
(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e)
(appropriately modified for identification of the parties), in each subcontract that--
(1) Is for—
(i) Services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a
COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that
COTS item); or
(ii) Construction;
(2) Has a value of more than $3,500; and
(3) Includes work performed in the United States.
(End of clause)
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER

14026 (JAN 2022)
"United States" means 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.).
"Worker"--
(1) (i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive
Order 14026, and --
(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the
Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction)
statute (40 U.S.C. chapter 31, subchapter IV);
(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those
terms are defined in 29 CFR part 541;
(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to
special certificates issued under 29 U.S.C. 214(c).
(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona
fide apprenticeship or training program registered with the Department of Labor's Employment and Training
Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of
Apprenticeship.
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(2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the
contract; and
(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance
of a contract but are not the specific services called for by the contract.
(b) Executive Order minimum wage rate.
(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection
with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually
thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's
Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than
90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the
applicable E.O. minimum wage on https://www.sam.gov (or any successor Web site), and a general notice on all
wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements
(Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual
updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum
wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a
result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for
subcontractors). Associated labor costs shall include increases or decreases that result from changes in social
security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount
for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).
Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those
identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price
adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate
Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover
increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any
applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no
later than one pay period following the end of the regular pay period in which such wages were earned or
accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate
or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate
only if done in accordance with 29 CFR 23.230, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing
fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards
statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State
prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a
minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or
municipal ordinances are not subject to price adjustment under this subpart.
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(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective
bargaining agreement(s) wage rate.
(10) The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of
workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--
(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or
subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.
214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the
Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State
Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.
(2) This clause does not apply to--
(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the
E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly
engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours
worked in a particular workweek performing in connection with such contracts;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a)
and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements
(Construction) statute. These individuals include but are not limited to--
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29
U.S.C. 214(a);
(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b); and
(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29
CFR part 541).
(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the
applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract
Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this
requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination
under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post
notice, utilizing the poster provided by the Administrator, which can be obtained at
www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors
that customarily post notices to workers electronically may post the notice electronically provided the electronic
posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal,
and customarily used for notices to workers about terms and conditions of employment.
(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the
work, containing the following information for each worker:
(i) Name, address, and social security number;
(ii) The worker's occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
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(iv) The number of daily and weekly hours worked by each worker;
(v) Any deductions made; and
(vi) Total wages paid.
(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and
transcription by authorized representatives of the Administrator. The Contractor shall also make such records
available upon request of the Contracting Officer.
(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by
authorized representatives of the Administrator.
(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract. Upon direction
of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the
noncompliance is corrected.
(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any,
under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair
Labor Standards Act, or any other applicable law.
(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations,
including interviewing workers at the worksite during normal working hours.
(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator,
will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with
the same Contractor, sufficient to pay workers the full amount of wages required by this clause.
(h) Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the
procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29
CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this
contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the
contracting agency, the Department of Labor, or the workers or their representatives.
(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker
because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related
to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.
(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of
this clause and may be held liable for unpaid wages due subcontractor workers.
(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all
subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage
Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United
States.
(End of clause)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)
(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)--
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Child, domestic partner, and domestic violence have the meaning given in 29 CFR 13.2.
Employee--(1)(i) Means any person engaged in performing work on or in connection with a contract covered by
Executive Order (E.O.) 13706; and
(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C.
chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair
Labor Standards Act (29 U.S.C. chapter 8);
(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and
overtime provisions;
(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and
(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona
fide apprenticeship or training program registered with the Department of Labor's Employment and Training
Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of
Apprenticeship.
(2)(i) An employee performs "on" a contract if the employee directly performs the specific services called for by the
contract; and
(ii) An employee performs "in connection with" a contract if the employee's work activities are necessary to the
performance of a contract but are not the specific services called for by the contract.
Individual related by blood or affinity whose close association with the employee is the equivalent of a family
relationship has the meaning given in 29 CFR 13.2.
Multiemployer plan means a plan to which more than one employer is required to contribute and which is
maintained pursuant to one or more collective bargaining agreements between one or more employee
organizations and more than one employer.
Paid sick leave means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.
Parent, sexual assault, spouse, and stalking have the meaning given in 29 CFR 13.2.
United States means the 50 States and the District of Columbia.
(b) Executive Order 13706. (1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of
Labor in 29 CFR part 13 pursuant to the E.O.
(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part
of the contract that is performed within the United States.
(c) Paid sick leave. The Contractor shall--
(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1
hour of paid sick leave for every 30 hours worked;
(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;
(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated
by reference in this contract;
(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as
otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;
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(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular
pay period in which the paid sick leave was taken; and
(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13,
and this clause.
(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors
through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29
CFR 13.8).
(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any
other Federal contract with the same Contractor, so much of the accrued payments or advances as may
be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements
of E.O. 13706, 29 CFR part 13, or this clause, including--
(1) Any pay and/or benefits denied or lost by reason of the violation;
(2) Other actual monetary losses sustained as a direct result of the violation; and
(3) Liquidated damages.
(f) Payment suspension/contract termination/contractor debarment. (1) In the event of a failure to comply with E.O.
13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by
direction of the Department of Labor and written notification to the Contractor take action to cause suspension of
any further payment, advance, or guarantee of funds until such violations have ceased.
(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.
(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in
29 CFR 13.52.
(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's
obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute,
and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts
for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.
(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal
or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid
sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.
(i) Recordkeeping. (1) The Contractor shall make and maintain, for no less than three (3) years from the completion
of the work on the contract, records containing the following information for each employee, which the Contractor
shall make available upon request for inspection, copying, and transcription by authorized representatives of the
Administrator of the Wage and Hour Division of the Department of Labor:
(i) Name, address, and social security number of each employee.
(ii) The employee's occupation(s) or classification(s).
(iii) The rate or rates of wages paid (including all pay and benefits provided).
(iv) The number of daily and weekly hours worked.
(v) Any deductions made.
63
(vi) The total wages paid (including all pay and benefits provided) each pay period.
(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required
under 29 CFR 13.5(a)(2).
(viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records
reflecting such employee requests.
(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off policy satisfies
the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in
records as paid sick leave pursuant to E.O. 13706).
(x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any
denials of such requests, as required under 29 CFR 13.5(d)(3).
(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide
under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee.
(xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick
leave.
(xiii) The relevant contract.
(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.
(xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant
to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise
required by 29 CFR 13.5(b)(4).
(2)(i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor
shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the
employee's time will time spent on noncovered work be excluded from hours worked counted toward the
accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee's time may the
Contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was
scheduled to perform noncovered work during the time he or she asked to use paid sick leave.
(ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with
contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(1)(i) or (iii), the Contractor shall keep records or other
proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an
estimate that is reasonable and based on verifiable information will an employee's time spent in connection with
noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If
the Contractor estimates the amount of time an employee spends performing in connection with contracts covered
by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the
Contractor.
(3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate
Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee's hours
worked, such as because the employee is exempt from the Fair Labor Standards Act's minimum wage and
overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the
Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep
records of the employee's number of daily and weekly hours worked.
(4)(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of
E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual
64
related by blood or affinity whose close association with the employee is the equivalent of a family relationship,
shall be maintained as confidential records in separate files/records from the usual personnel files.
(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section
503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or
documents created to comply with the recordkeeping requirements in this contract clause, the records and
documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of
the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR
1630.14(c)(1), respectively.
(iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days
of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall
maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when
disclosure is required by law.
(5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews
with employees at the worksite during normal working hours.
(6) Nothing in this contract clause limits or otherwise modifies the Contractor's recordkeeping obligations, if any,
under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair
Labor Standards Act, the Family and Medical Leave Act, E.O. 14026, their respective implementing
regulations, or any other applicable law.
(j) Interference/discrimination.
(1) The Contractor shall not in any manner interfere with an employee's accrual or use of paid sick leave as required
by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to--
(i) Miscalculating the amount of paid sick leave an employee has accrued;
(ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave;
(iii) Discouraging an employee from using paid sick leave;
(iv) Reducing an employee's accrued paid sick leave by more than the amount of such leave used;
(v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick
leave;
(vi) Disclosing confidential information contained in certification or other documentation provided to verify the
need to use paid sick leave; or
(vii) Making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment
of the Contractor's operational needs.
(2) The Contractor shall not discharge or in any other manner discriminate against any employee for--
(i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13;
(ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and
29 CFR part 13;
(iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR part 13; or
(iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13.
65
(k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered
by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice
provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily
seen by employees. Contractors that customarily post notices to employees electronically may post the notice
electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the
Contractor, whether external or internal, and customarily used for notices to employees about terms
and conditions of employment.
(l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not
be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of
this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting
agency, the Department of Labor, or the employees or their representatives.
(m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all
subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage
Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United
States.
(End of clause)
52.222-4503 CONSOLIDATED WAGE DETERMINATION (APR 2020)

The DOL wage determinations required for this solicitation and any resulting contract are
incorporated by reference with full force and effect as required by FAR 52.222-41, Service
Contract Labor Standards, (for commercial items see FAR 52.212-5, Contract Terms and
Conditions Required to Implement Statutes or Executive Orders - Commercial Items, paragraph
(c)(2)). The applicable wage determinations are listed in the attached consolidated wage
determination. If there is any discrepancy between the consolidated wage determination and the
Department of Labor (DOL) wage determination (WD), the DOL WD shall prevail. Copies of
the applicable WD are available at https://sam.gov/. If you are unable to obtain a copy of the
WD from this site, please contact the issuing office identified in Block 9 of the SF 1449 or Block
7 of the SF 33.
(End Clause)
52.224-3 PRIVACY TRAINING (JAN 2017)

(a) Definition. As used in this clause, personally identifiable information means information that can be used to
distinguish or trace an individual's identity, either alone or when combined with other information that is linked or
linkable to a specific individual. (See Office of Management and Budget (OMB) Circular A-130, Managing Federal
Information as a Strategic Resource).
(b) The Contractor shall ensure that initial privacy training, and annual privacy training thereafter, is completed by
contractor employees who--
(1) Have access to a system of records;
(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally
identifiable information on behalf of an agency; or
(3) Design, develop, maintain, or operate a system of records (see also FAR subpart 24.1 and 39.105).
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(c)(1) Privacy training shall address the key elements necessary for ensuring the safeguarding of personally
identifiable information or a system of records. The training shall be role-based, provide foundational as well as
more advanced levels of training, and have measures in place to test the knowledge level of users. At a minimum,
the privacy training shall cover--
(i) The provisions of the Privacy Act of 1974 (5 U.S.C. 552a), including penalties for violations of the Act;
(ii) The appropriate handling and safeguarding of personally identifiable information;
(iii) The authorized and official use of a system of records or any other personally identifiable information;
(iv) The restriction on the use of unauthorized equipment to create, collect, use, process, store, maintain,
disseminate, disclose, dispose or otherwise access personally identifiable information;
(v) The prohibition against the unauthorized use of a system of records or unauthorized disclosure, access, handling,
or use of personally identifiable information; and
(vi) The procedures to be followed in the event of a suspected or confirmed breach of a system of records or the
unauthorized disclosure, access, handling, or use of personally identifiable information (see OMB guidance for
Preparing for and Responding to a Breach of Personally Identifiable Information).
(2) Completion of an agency-developed or agency-conducted training course shall be deemed to satisfy these
elements.
(d) The Contractor shall maintain and, upon request, provide documentation of completion of privacy training to the
(e) The Contractor shall not allow any employee access to a system of records, or permit any employee to create,
collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable
information, or to design, develop, maintain, or operate a system of records unless the employee has completed
privacy training, as required by this clause.
(f) The substance of this clause, including this paragraph (f), shall be included in all subcontracts under this contract,
when subcontractor employees will--
(1) Have access to a system of records;
(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally
identifiable information; or
(3) Design, develop, maintain, or operate a system of records.
(End of clause)
52.225-26 CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED

STATES (OCT 2016)
Area of combat operations means an area of operations designated as such by the Secretary of Defense when
enhanced coordination of contractors performing private security functions working for Government agencies is
required.
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Full cooperation--
(1) Means disclosure to the Government of the information sufficient to identify the nature and extent of the incident
and the individuals responsible for the conduct. It includes providing timely and complete responses to Government
auditors' and investigators' requests for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
(i) The Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product
doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her
attorney-client privilege or Fifth Amendment rights; and
(3) Does not restrict the Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Other significant military operations means activities, other than combat operations, as part of a contingency
operation outside the United States that is carried out by United States Armed Forces in an uncontrolled or
unpredictable high-threat environment where personnel performing security functions may be called upon to use
deadly force.
Private security functions means activities engaged in by a Contractor, as follows:
(1) Guarding of personnel, facilities, designated sites, or property of a Federal agency, the Contractor or
subcontractor, or a third party.
(2) Any other activity for which personnel are required to carry weapons in the performance of their duties in
accordance with the terms of this contract.
(b) Applicability. If this contract is performed both in a designated area and in an area that is not designated, the
clause only applies to performance in the following designated areas--
(1) Combat operations, as designated by the Secretary of Defense; or
(2) Other significant military operations, as designated by the Secretary of Defense, and only upon agreement of the
Secretary of Defense and the Secretary of State.
(c) Requirements. The Contractor is required to—
(1) Ensure that all employees of the Contractor who are responsible for performing private security functions under
this contract comply with 32 CFR part 159, and with any orders, directives, and instructions to Contractors
performing private security functions that are identified in the contract for--
(i) Registering, processing, accounting for, managing, overseeing, and keeping appropriate records of personnel
performing private security functions;
(ii) Authorizing and accounting for weapons to be carried by or available to be used by personnel performing private
security functions;
(iii) Registering and identifying armored vehicles, helicopters, and other military vehicles operated by Contractors
performing private security functions; and
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(iv) Reporting incidents in which—
(A) A weapon is discharged by personnel performing private security functions;
(B) Personnel performing private security functions are attacked, killed, or injured;
(C) Persons are killed or injured or property is destroyed as a result of conduct by Contractor personnel;
(D) A weapon is discharged against personnel performing private security functions or personnel performing such
functions believe a weapon was so discharged; or
(E) Active, non-lethal countermeasures (other than the discharge of a weapon) are employed by personnel
performing private security functions in response to a perceived immediate threat;
(2) Ensure that the Contractor and all employees of the Contractor who are responsible for performing private
security functions under this contract are briefed on and understand their obligation to comply with—
(i) Qualification, training, screening (including, if applicable, thorough background checks), and security
requirements established by 32 CFR part 159, Private Security Contractors Operating in Contingency Operations;
(ii) Applicable laws and regulations of the United States and the host country and applicable treaties and
international agreements regarding performance of private security functions;
(iii) Orders, directives, and instructions issued by the applicable commander of a combatant command or relevant
Chief of Mission relating to weapons, equipment, force protection, security, health, safety, or relations and
interaction with locals; and
(iv) Rules on the use of force issued by the applicable commander of a combatant command or relevant Chief of
Mission for personnel performing private security functions; and
(3) Provide full cooperation with any Government-authorized investigation of incidents reported pursuant to
paragraph (c)(1)(iv) of this clause and incidents of alleged misconduct by personnel performing private security
functions under this contract by providing—
(i) Access to employees performing private security functions; and
(ii) Relevant information in the possession of the Contractor regarding the incident concerned.
(d) Remedies. In addition to other remedies available to the Government—
(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor or
subcontractor personnel performing private security functions who fail to comply with or violate applicable
requirements of this clause or 32 CFR part 159. Such action may be taken at the Government's discretion
without prejudice to its rights under any other provision of this contract.
(2) The Contractor's failure to comply with the requirements of this clause will be included in appropriate databases
of past performance and considered in anyresponsibility determination or evaluation of past performance; and
(3) If this is an award-fee contract, the Contractor's failure to comply with the requirements of this clause shall be
considered in the evaluation of the Contractor's performance during the relevant evaluation period, and the
Contracting Officer may treat such failure to comply as a basis for reducing or denying award fees
for such period or for recovering all or part of award fees previously paid for such period.
(e) Rule of construction. The duty of the Contractor to comply with the requirements of this clause shall not be
reduced or diminished by the failure of a higher- or lower-tier Contractor or subcontractor to comply with the clause
requirements or by a failure of the contracting activity to provide required oversight.
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(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all
subcontracts that will be performed outside the United States in areas of--
(1) Combat operations, as designated by the Secretary of Defense; or
(2) Other significant military operations, upon agreement of the Secretaries of Defense and State that the clause
applies in that area.
(End of clause)
52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (JUN 2020)
Apparently wholesome food means food that meets all quality and labeling standards imposed by Federal, State, and
local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness,
grade, size, surplus, or other conditions.
Excess food means food that--
(1) Is not required to meet the needs of the executive agencies; and
(2) Would otherwise be discarded.
Food-insecure means inconsistent access to sufficient, safe, and nutritious food.
Nonprofit organization means any organization that is--
(1) Described in section 501(c) of the Internal Revenue Code of 1986; and
(2) Exempt from tax under section 501(a) of that Code.
(b) In accordance with the Federal Food Donation Act of 2008 (42 U.S.C. 1792), the Contractor is encouraged, to
the maximum extent practicable and safe, to donate excess, apparently wholesome food to nonprofit organizations
that provide assistance to food-insecure people in the United States.
(c) Costs. (1) The Contractor, including any subcontractors, shall assume the responsibility for all the costs and the
logistical support to collect, transport, maintain the safety of, or distribute the excess, apparently wholesome food to
the nonprofit organization(s) that provides assistance to food-insecure people.
(2) The Contractor will not be reimbursed for any costs incurred or associated with the donation of excess foods.
Any costs incurred for excess food donations are unallowable.
(d) Liability. The Government and the Contractor, including any subcontractors, shall be exempt from civil and
criminal liability to the extent provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C.
1791). Nothing in this clause shall be construed to supersede State or local health regulations (subsection (f) of 42
U.S.C. 1791).
(e) Subcontracts. The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders,
and other similar instruments that exceed the threshold specified in Federal Acquisition Regulation 26.404 on the
date of subcontract award with its subcontractors or suppliers, at any tier, who will perform, under this contract, the
provision, service, or sale of food in the United States.
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(End of clause)
52.228-4500 LIABILITY TO THIRD PERSONS (APR 1997)
The contractor shall be responsible for and hold the Government harmless from all claims on the part of persons not
a party to this contract for personal injury, death, and property loss or damage caused in whole or in part by the fault
or negligence of the contractor, his officers, agents, or employees in the performance of work under this contract.
52.228-4501 VEHICLE OPERATION AND INSURANCE (DEC 2001)
a. All private-owned and Contractor-owned vehicles shall be properly licensed, insured and safety inspected in
accordance with applicable federal, state and local regulations. The following automotive liability coverage is
required:
(1) For Contractor-owned vehicles: Bodily injury $200,000 per person, $500,000 per occurrence; property damage
$20,000 per occurrence.
(2) For privately-owned vehicles: Bodily injury and property damage insurance meeting requirements of state in
which vehicle is registered.
b. Vehicles licensed or registered in a state which requires a mechanical safety inspection must display a valid
inspection sticker.
c. All vehicles operating at the installation are subject to the installation traffic code, copies of which are available
in the office of the installation Provost Marshal.
52.228-4502 OTHER INSURANCE REQUIREMENTS (OCT 1995)
The contractor shall procure and maintain during the entire period of performance under this contract the following
minimum insurance and shall furnish a certificate upon request by the Contracting Officer:
(1) Workmen's Compensation: As required by law of the State where sevices are conducted.
(2) Employer's Liability: $100,000
(3) Comprehensive General Liability: $500,000 each occurrence.
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent
upon the availability of appropriated funds from which payment for contract purposes can be made. No legal
liability on the part of the Government for any payment may arise until funds are made available to the Contracting
Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by
the Contracting Officer.
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(End of clause)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR

2023)
(a)(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments
from the Government, the Contractor shall make accelerated payments to its small business subcontractors under
this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the
applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the
small business subcontractor.
(2) The Contractor agrees to make such payments to its small business subcontractors without any further
consideration from or fees charged to the subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business
concerns, including subcontracts with small business concerns for the acquisition of commercial products or
commercial services.
(End of clause)
52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S. - FLAG COMMERCIAL VESSELS (NOV 2021)
(a) Except as provided in paragraph (e) of this clause, the Cargo Preference Act of 1954 (46 U.S.C. Appx 1241(b))
requires that Federal departments and agencies shall transport in privately owned U.S.-flag commercial vessels at
least 50 percent of the gross tonnage of equipment, materials, or commodities that may be transported in ocean
vessels (computed separately for dry bulk carriers, dry cargo liners, and tankers). Such transportation shall be
accomplished when any equipment, materials, or commodities, located within or outside the United States, that may
be transported by ocean vessel are--
(1) Acquired for a U.S. Government agency account;
(2) Furnished to, or for the account of, any foreign nation without provision for reimbursement;
(3) Furnished for the account of a foreign nation in connection with which the United States advances funds or
credits, or guarantees the convertibility of foreign currencies; or
(4) Acquired with advance of funds, loans, or guaranties made by or on behalf of the United States.
(b) The Contractor shall use privately owned U.S.-flag commercial vessels to ship at least 50 percent of the gross
tonnage involved under this contract (computed separately for dry bulk carriers, dry cargo liners, and tankers)
whenever shipping any equipment, materials, or commodities under the conditions set forth in paragraph (a) above,
to the extent that such vessels are available at rates that are fair and reasonable for privately owned U.S.-flag
commercial vessels.
(c)(1) The Contractor shall submit one legible copy of a rated on-board ocean bill of lading for each shipment to
both (i) the Contracting Officer, and (ii) the Division of National Cargo, Office of Market Development, Maritime
Administration, U.S. Department of Transportation, Washington, DC 20590. Subcontractor bills of lading shall be
submitted through the Prime Contractor.
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(2) The Contractor shall furnish these bill of lading copies (i) within 20 working days of the date of loading for
shipments originating in the United States, or (ii) within 30 working days for shipments originating outside the
United States. Each bill of lading copy shall contain the following information:
(A) Sponsoring U.S. Government agency.
(B) Name of vessel.
(C) Vessel flag of registry.
(D) Date of loading.
(E) Port of loading.
(F) Port of final discharge.
(G) Description of commodity.
(H) Gross weight in pounds and cubic feet if available.
(I) Total ocean freight revenue in U.S. dollars.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts or
purchase orders under this contract, except those described in paragraph (e)(4).
(e) The requirement in paragraph (a) does not apply to--
(1) Cargoes carried in vessels as required or authorized by law or treaty;
(2) Ocean transportation between foreign countries of supplies purchased with foreign currencies made available, or
derived from funds that are made available, under the Foreign Assistance Act of 1961 (22 U.S.C. 2353);
(3) Shipments of classified supplies when the classification prohibits the use of non-Government vessels, and
(4) Subcontracts or purchase orders for the acquisition of commercial products or commercial services unless--
(i) This contract is--
(A) A contract or agreement for ocean transportation services; or
(B) A construction contract; or
(ii) The supplies being transported are--
(A) Items the Contractor is reselling or distributing to the Government without adding value. (Generally, the
Contractor does not add value to the items when it subcontracts items for f.o.b. destination shipment); or
(B) Shipped in direct support of U.S. military--
(1) Contingency operations;
(2) Exercises; or
(3) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or
peacekeeping operations.
73
(f) Guidance regarding fair and reasonable rates for privately owned U.S.-flag commercial vessels may be obtained
from the Division of National Cargo, Office of Costs and Rates, Maritime Administration, 400 Seventh Street, SW,
Washington, DC 20590, Phone: 202-366-4610.
(End of clause)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit,
activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area
WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is
done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of
Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests
and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-
7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration
available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be
accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment
requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting
Officer.
____________________________________________________________
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(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the
requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the
____________________________________________________________
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for
fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the
contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and
receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in
applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0866
Issue By DoDAAC HQC005
Admin DoDAAC** HQC005
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) HQCAAA
Service Acceptor (DoDAAC) HQCAAA
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert
“See Schedule” or “Not applicable.”)
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(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the
DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type
of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition
Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s
WAWF point of contact.
_________________________________________________________________
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
252.239-7018 SUPPLY CHAIN RISK (DEC 2022)
Information technology (see 40 U.S.C 11101(6)) means, in lieu of the definition at FAR 2.1, any equipment, or
interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, analysis,
evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or
reception of data or information by the agency.
(1) For purposes of this definition, equipment is used by an agency if the equipment is used by the agency directly or
is used by a contractor under a contract with the agency that requires—
(i) Its use; or
(ii) To a significant extent, its use in the performance of a service or the furnishing of a product.
(2) The term “information technology” includes computers, ancillary equipment (including imaging peripherals,
input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be
controlled by the central processing unit of a computer, software, firmware and similar procedures, services
(including support services), and related resources.
(3) The term “information technology” does not include any equipment acquired by a contractor incidental to a
contract.
Supply chain risk means the risk that an adversary may sabotage, maliciously introduce unwanted function, or
otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or
76
maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation
of such system (see 10 U.S.C. 3252).
(b) The Contractor shall mitigate supply chain risk in the provision of supplies and services to the Government.
(c) In order to manage supply chain risk, the Government may use the authorities provided by 10 U.S.C. 3252. In
exercising these authorities, the Government may consider information, public and non-public, including all-source
intelligence, relating to a Contractor's supply chain.
(d) If the Government exercises the authority provided in 10 U.S.C. 3252 to limit disclosure of information, no
action undertaken by the Government under such authority shall be subject to review in a bid protest before the
Government Accountability Office or in any Federal court.
(End of clause)
PERFORMANCE WORK STATEMENT

eCommerce Delivery Service - Central
Performance Work Statement (PWS)
1. Background
The Defense Commissary Agency (DeCA) uses an Enterprise Business Solution
(EBS) to support its resale business operations, to include eCommerce shopping
with curbside pickup and grocery delivery. DeCA’s online shopping portal,
operated by National Cash Register (NCR) as “Commissary CLICK2GO ®”
(CC2G), is currently available at 235 commissaries worldwide and allows eligible
patrons to purchase groceries online and pick up curbside at the patron’s local
commissary or receive local delivery. The EBS application Freshop has the
ability to support eCommerce grocery delivery services at all Commissary
locations, providing additional access to the benefit for eligible patrons.
This is a non-personal services contract to provide eCommerce-based delivery

services at DeCA locations listed in Attachment A -Central, as described more fully
herein.
2. Description of Services
Unless otherwise stated herein, the Contractor shall provide all supervision,
personnel, equipment, supplies, transportation, tools, materials and other items
necessary to perform eCommerce-based grocery delivery services to Commissary
patrons as defined in this Performance Work Statement.
Delivery services will be specifically for commissaries located in the Central Area. The
intent is for DeCA to offer grocery delivery at 58 stateside locations in the Central Area,
to include Alaska and Hawaii, as each Commissary’s CC2G business grows and provides
sufficient metrics for the Doorstop Delivery program. DeCA has identified 26 stores that
will receive grocery delivery services at the time of contract award. Those stores have
been identified as “Mandatory Locations” as further stated in Attachment A -Central.
77
Please note that the remaining 32 stores are listed in the same attachment and are
identified as “Optional Locations” and may be unilaterally implemented as permitted in
the contract clause titled “Government Option to Expand Delivery Locations.” If any
future store meets the clause’s parameters, prior to contract award, the store will be added
to the “Mandatory Stores” tab and will be part of the requirement at contract award.
3. Government Responsibilities
The Government will ensure that all Doorstop Delivery orders are picked, packaged,
staged and ready upon the Contractor’s arrival at the pickup location. The Government will
also communicate all unfulfilled items to the patron and will have paperwork readily
available for the Contractor to convey the unfulfilled items information to the patron.
A. DeCA order fulfillers will pick grocery items, bag and stage orders, and seal grocery
delivery bags for Contractor pickup.
B. DeCA fulfillers will provide the Contractor the patron’s name, delivery address,
phone number, email address, pickup and delivery date and time window, order
number, transaction total, delivery fees, gratuity, and number of bags following
receipt of the order and prior to order pickup.
C. A designated DeCA representative or the front-end manager at the pickup
location will be the initial point of contact for patrons regarding lost or damaged
items.
D. The DeCA Resource Management Office will collect the patron’s funds,
including payments for groceries, DeCA surcharge fees, delivery fees, and
any applicable delivery driver gratuities.
E. DeCA will provide the Contractor delivery performance feedback received
from patrons monthly. The feedback will include patron comments from the
month prior to its provision to the Contractor.
F. The Contractor’s delivery personnel shall be available during all CC2G
delivery operating hours for the Commissary location(s) that the personnel
support (see 4(d) for more information). A change in delivery operating hours
shall not be a reason for any change in delivery fee, Request for Equitable
Adjustment, or Claim under the Contract Disputes Act.
G. DeCA order fulfillers will batch orders when feasible at DeCA’s discretion and
supported by order volume.
H. DeCA order fulfillers will provide best efforts to begin the process of
transferring delivery items to the delivery driver within 10 minutes of the
delivery driver notifying DeCA that the driver is at the CLICK2GO pickup
location as required in Appendix A, paragraph 9.
I. DeCA will contact the patron during the quality control process of assembling
and sealing the order. The Commissary will reconcile with the patron any issues
that are discovered during the picking process (e.g., substitutions, out of stock,
perishable issues, date issues, etc.…).
4. Contractor Responsibilities
The Contractor shall provide a fully functioning interface with DeCA's eCommerce
application. The Contractor shall provide a detailed project schedule (to include
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milestones) on integrating their solution with the DeCA’s current eCommerce solution
within 5 days of entering into a contract with the Government. The Contractor shall
integrate with the government’s eCommerce platform within 45 days after contract award,
which may include working with DeCA’s third-party contractor, NCR. The Contractor
shall provide the capability to interact with DeCA’s CC2G eCommerce platform to support
the end to end (E2E) functionality. See Appendix A for additional information. The
Contractor’s solution shall include the ability to accept patron notifications for information
necessary for delivery and send contemporaneous notifications acknowledging CC2G
order and delivery status. The Contractor’s solution must also have the ability to allow
patrons to change from “Pick Up” option to “Delivery” option and vice versa prior to the
picking window at each DeCA location.
A. The Contractor shall provide grocery delivery services within the delivery radius for
each Commissary location as detailed in Attachment A - Central.
B. The Contractor shall maintain a minimum system availability of 98% for the delivery
Application
Programing Interface (API) and other related systems.
C. The Contractor shall meet all security, cybersecurity, and data requirements stated herein.
D. The Contractor’s delivery personnel shall be available during all CC2G delivery
operating hours for the Commissary location(s) that the personnel support.
CLICK2GO store hours are typically 1100 -1800 Sunday thru Saturday; however, days and
hours may vary based on location. For additional information, please use the link below:
https://corp.commissaries.com/. Click on Store Locator, Locations, and scroll down to see
applicable stores in alphabetical order.
E. The Contractor will identify and manage the actual delivery driver to pick-up and deliver the
patron’s order.
F. The lead time from the time an order is placed to the time when the order must be
picked up will be a minimum of 3 hours based on the available resources in the
store to fulfill orders.
G. The Contractor shall complete delivery within the patron’s two-hour delivery
window specified on the eCommerce delivery application.
H. The Contractor shall notify DeCA 10 minutes prior to arriving to the
commissary to pick up any or all orders at the specified time.
I. The Contractor shall notify the patron (call, text, or email, in accordance
with patron preference) of the delivery upon arrival to the specified
delivery address.
J. The Contractor’s delivery personnel shall be available during all CC2G delivery
operating hours for the Commissary location(s) that the personnel support.
K. The Contractor shall provide professional, prompt, and consistent service.
L. The Contractor shall maintain “cold chain” (chill and freeze) temperatures
for all delivered foods requiring cold chain temperature control.
M. The Contractor shall ensure that the seal is still intact and unmanipulated at
the time of handoff,
N. The Contractor shall ensure that each patron receives delivered products with the seal
applied by DeCA intact and unmanipulated. The Contractor shall be responsible for
any missing, lost, or damaged product in any delivery package with a broken or
manipulated seal. DeCA will be responsible for any missing or damaged product in
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delivery packages with an intact seal. The contractor shall contact the Designated
DeCA Representative at the store that items are missing or damaged.
O. The Contractor shall contact the Commissary location through which the
order was placed if a delay occurs that will result in the Contractor delivering
an order outside of the agreed to two-hour delivery window.
P. The Contractor shall notify the Commissary location daily after each order is
delivered successfully.
5. Government Points of Contact

Contracting Officer– Kristine N. Castelow
Contract Specialist – Ronald Mosley
DeCA eCommerce Delivery Service Technical Advisor – Howard Knight
6. Data Privacy and Security

The Contractor may share documents, materials, and information with its
employees and subcontractors on a need-to-know basis only for the purpose of
performing the efforts described herein. Shared documents, materials, and
information shall not be used by the Contractor except in the performance of
obligations under this contract and in compliance with all applicable federal laws,
regulations, and Department of Defense policies. Software as a service (SaaS)
vendors will need to be Fed Ramp Certified. All documents, materials, and
information supplied to the Government hereunder shall be the property of the
Government
The Contractor shall employ security measures in accordance with NIST 800-95,
Guide to Secure Web Services, and NIST Special Publication 1800-16, Securing
Web Transactions, and ensure each API utilizes an approved PKI certificate
management system. The Contractor shall secure audit, transaction, and security
event logs either by transmitting the log data via an encrypted API, socket or
network connection, or by encrypting the log data before transferring them via an
unencrypted or encrypted channel. T h e Contractor shall employ, at a minimum,
all requirements related to encryption of data at rest or in transit as codified within
NIST 800-171 Special Publication Revision 2, Protecting Controlled Unclassified
Information in Nonfederal Systems and Organizations.
The above must occur within 45 days after award and show positive proof of
successful integration prior to deploying delivery capabilities to patrons.
7. Description of Payment Flow Process

1. The patron uses DeCA’s CC2G eCommerce application to purchase an
order by using a payment card.
2. The patron’s payment card will be pre-authorized for the transaction total
including delivery fee and any applicable gratuities.
3. After pre-authorization, the Commissary will initiate the patron’s order picking
process based on the selected delivery window.
4. The CC2G application will also provide a bi-weekly summary and detailed
80
report, to enable reconciliation with the Contractor’s bi-weekly invoices.
5. The Contractor will provide DeCA Resource Management a summarized
electronic invoice bi-weekly to include a detailed report that can be exported.
DeCA prefers the uses of Microsoft Office Suite applications to specifically Excel for
reconciling CC2G reports.
A. The Contractor’s summarized invoice shall include the total amount due
for the prior two weeks and a remittance address for the payment.
B. The Contractor’s detailed report shall itemize the delivery fees,
applicable delivery gratuities, and Government’s Supplemental
Amount collected by day, by store, and by order number with each
transaction including the details for the overall total, delivery fee,
and any applicable delivery gratuities.
6. DeCA Resource Management will reconcile the bi-weekly reports received
by comparing the amounts for the delivery fees, any applicable gratuities, and
Government’s Supplemental Amount to ensure the values are the same
between CC2G and the Contractor.
A. If there is a discrepancy between the Contractor’s invoice amount and
the CC2G report, it will be resolved between DeCA RM and the
Contractor.
B. Upon completion of the reconciliation, the Contractor will submit
the invoice through Wide Area Workflow.
C. Payments will be made to the Contractor within two weeks of
receiving the invoice and detailed report.
81
ATTACHMENT A
This attachment provides a detailed list of Mandatory and Optional Commissary CLICK2GO
delivery stores. Moreover, the average numbers of estimated deliveries per day are included
per location. Please note this is an estimate and is subject to change. It is the Agency’s goal to
increase sales and increase orders/deliveries in the long run. Please see Attachment A - Central.
82
HQC00524R0015
Page 83 of 106
APPENDIX A – eCommerce Delivery Operational Flow
The chart below is a detail of the description of Payment

Flow Process.
1. The patron creates an order through CC2G and begins the checkout
process.
2. The patron selects the “delivery” option from the CC2G website.
3. The patron enters the address they wish to have the order delivered to and
selects a two-hour delivery window with a minimum lead time of three
hours.
4. The DeCA eCommerce application determines whether the patron is within
the delivery area based upon the patron’s address and the available delivery
window(s) for the patron’s chosen date and time.
5. After delivery is confirmed to be within the delivery area and the patron selects
a delivery window, the patron will finalize payment for the order inclusive of
groceries, DeCA surcharge, delivery fees, and applicable delivery driver
gratuities.
6. If delivery is not possible, the patron is offered the opportunity to pick up the
order in store or cancel the order.
o If the order is cancelled or picked up in store by the patron, DeCA RM
team will remove the delivery fees and gratuity at the time of the bi-
weekly reconciliation prior to Contractor payment
7. If the delivery order is confirmed, DeCA will provide information about the
patron’s transaction to the Contractor. This information will include the
patron’s name, delivery address, email address, phone number, pick-up and
delivery date, delivery window, size of order, number of bags, transaction
amount, delivery fees and applicable gratuity.
HQC00524R0015
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8. The Contractor shall send the Commissary at which the delivery will be
picked up a notification informing the Commissary that the Contractor is en
route to the Commissary location. The Contractor’s notification shall
include the following information:
 Order number
 The delivery date and time window.
 Patron details (Name, phone number, email address and phone number)
9. When the Contractor’s delivery driver arrives at the Commissary location,
the delivery driver shall park in one of the CC2G parking spaces and call the
telephone number on the sign at the parking space. The Contractor’s delivery
driver shall clearly identify themselves as the delivery driver to DeCA
personnel providing the delivery items.
10. After the Contractor delivery driver contacts the Commissary pursuant to
paragraph 9 above, the order will be brought to the driver. The Contractor’s
delivery driver shall show the Commissary employee identification, to
include employee ID and the patron order information, for verification
purposes.
11. The Contractor’s delivery driver shall pack the order in necessary equipment
to maintain “cold chain” (chill and freeze) prior to leaving the Commissary
parking lot.
12. The Contractor’s delivery driver shall then depart to the patron’s delivery destination.
13. When the Contractor’s delivery driver arrives at the delivery destination, the
driver shall contact the patron and place delivery items by the front door or
other specified outside location identified in the comments field in the
eCommerce application.
14. The Contractor’s delivery driver shall notify the patron of delivery
completion by telephone call, text message, or email.
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APPENDIX B – Invoice
This appendix provides a template for the eCommerce Delivery Contractor’s bi-
weekly summary and detailed invoice.
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APPENDIX C – eCommerce Delivery Flow

HQC00524R0015
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PWS ATTACHMENT A
Attachment A – Central
Solicitation HQC005-24-R-0015
MANDATORY COMMISSARIES:
Mandatory Locations
HQC00524R0015
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# Area Avg. Commissary State County Commissary Address CLICK2GO

Estimated Delivery
Deliveries Operational
Per Days
Day
1 Central 4 Eglin AFB FL Okaloosa & 1511 Memorial Trail, Suite 1, Eglin Mon-Fri
Santa Rosa AFB, FL 32542
2 Central 7 Jacksonville NAS FL Duval 1701 Allegheny Road, NAS Mon-Fri
Jacksonville, FL 32212-0042
3 Central 4 MacDill AFB FL Hillsborough 2908 N. Boundary Blvd. MacDill Mon-Fri
AFB, FL 33621-5009
4 Central 3 Fort Johnson LA Vernon Parish 7445 LA 467, Bldg. 601, Fort Polk, Tue-Fri
(Fort Polk) LA 71459
5 Central 3 Keesler AFB MS Harrison 508 Larcher BLVD, Biloxi, MS Mon-Sat
39534-2248
6 Central 3 Fort Novosel (Fort AL Dale 8900 Division Road, Fort Rucker, Tue-Fri
Rucker) AL 36362
7 Central 7 Fort Campbell KY Christian 2606 Indiana Avenue, Fort Mon-Sat
Campbell, KY 42223-5639
8 Central 3 Fort Leonard MO Pulaski 689 Nebraska Avenue, Fort Mon-Sat
Wood Leonard Wood, MO 65473-8954
9 Central 4 Scott AFB IL Saint Clair 203 West Winters St, Scott AFB, IL Mon-Sat
62225-5362
10 Central 3 Wright Patterson OH Greene 2130 Sycamore St, Suite 1 Bldg. Mon-Sat
1250, Kittyhawk Area, Wright
Patterson AFB, OH 45433
11 Central 3 Fort Leavenworth KS Leavenworth Bldg. 691, 310 Kansas Ave, Fort Mon-Fri
Leavenworth KS 66027
12 Central 3 Fort Riley KS Geary & Riley 2310 Trooper Drive, Fort Riley KS Sun-Sat
66442-0520
13 Central 3 Fort Sill OK Comanche 1719 Macomb Road, Fort Sill OK Mon-Sat
73503-7400
14 Central 3 Offutt AFB NE Sarpy 101 Meyer Ave, Offutt AFB NE Mon-Fri
68113-2130
15 Central 3 Randolph AFB TX Bexar Bldg. 1075, 770 3rd Street West, Mon-Sat
Randolph AFB TX 78150
16 Central 3 Barksdale AFB LA Bossier Parish 1265 Twining Drive BLDG 4765 Tue-Fri
Barksdale AFB, LA 71110
17 Central 3 Hurlburt Field FL Okaloosa 114 Howie Walters Rd, Hurlburt Tue-Fri
Field AFB, FL 32544
18 Central 3 Fort Knox KY Hardin, Bullitt 933 Gold Vault Rd, Fort Knox, KY Tue-Fri
& Meade 40121-5680
19 Central 3 Great Lakes NS IL Lake 2630 Green Bay Rd, Great Lakes Mon-Sat
Naval Station, IL 60088-3303
20 Central 3 Fort Cavazos, TX Bell Bldg. 50001, Clear Creek Road, Tue-Sat
(Fort Hood I-Clear Fort Hood TX 76544-5050
Creek)
21 Central 3 Tinker AFB OK Oklahoma Bldg. 690, 3250 S Air Deport Blvd, Mon-Sat
Tinker AFB OK 73145
22 Central 4 Patrick SFB FL Brevard 1225 S Patrick Dr. Patrick AFB, FL Mon-Fri
32925-3604
23 Central 4 Pensacola NAS FL Escambia 5800 West Highway 98, Pensacola, Mon-Fri
FL 32507-1072
24 Central 3 Fort Sam Houston TX Bexar Bldg. 360, 2400 Commissary Mon-Sat
Street. STE 6, Fort Sam Houston
TX 78234-5006
25 Central 3 Whiteman AFB MO Johnson 700 Arnold Ave, Whiteman AFB, Mon-Sat
MO 65305
HQC00524R0015
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26 Central 3 Lackland AFB TX Bexar Bldg. 8400, 2250 Foulois Street, Mon-Fri
Lackland AFB TX 78236-1039
OPTIONAL COMMISSARIES:
# Area Avg. Commissary State County Commissary Address CLICK2GO

Est. Delivery
Deliveries Operational Days
Per
Day
1 Central 4 Key West NAS FL Monroe 811 Sigsbee Rd, Bldg. Wed-Fri
V4111, Key West, FL
33040
2 Central 3 Mayport NS FL Duval 2294 Mayport Rd, # 51 Tue-Fri
Atlantic Beach, FL 32233
3 Central 3 Tyndall AFB FL Bay 220 Mall Lane Suite 1, Tue-Fri
Tyndall AFB, FL 32403-
5530
4 Central Whiting Field FL Santa Rosa 7180 Whiting Field 7180 Thur-Fri
4 NAS USS Wasp St, Bldg. 3060,
Milton, FL 32570
5 Central 2 Corpus Christi TX Nueces Bldg. 337, 10801 D Street, Tue-Fri
NAS NAS Corpus Christi TX
78419-5104
6 Central 2 Dyess AFB TX Taylor Bldg. 7340, 250 Mon-Sat
Commissary Road, Dyess
AFB TX 79607-1250
7 Central 2 Fort Cavazos, TX Bell Bldg. 85020, Warrior Way & Mon-Fri
(Fort Hood II- 10th Street, Fort Hood TX
Warrior Way) 76544-5056
8 Central 3 Fort Worth TX Tarrant 1765 Military Parkway, Fort Tue-Sat
NASJRB Worth TX 76127
9 Central 2 Goodfellow AFB TX Tom Green Bldg. 213, 110 Valiant Tue-Fri
Street, Goodfellow AFB TX
76908-3516
10 Central 2 Kingsville NAS TX Kleberg 747 Rosendahl STE 101, Wed-Fri
(Annex of Corpus Kingsville/ Naval Air Station
Christi NAS) TX 78363
11 Central 2 Laughlin AFB TX Val Verde Bldg. 352, 574 5th Street, Tue-Sat
Laughlin AFB TX 78843-
5250
12 Central 4 Columbus AFB MS Lowndes 323 Simler Boulevard, Tue-Fri
BLDG 160-B Columbus AFB
, MS 39710
13 Central 4 Gulfport NCBC MS Harrison 1707 CBC Second St, Tue-Sat
BLDG 32 Gulfport NCBC,
MS 39501
14 Central 4 Gunter AFB AL Montgomery 115 North Turner Blvd. Mon-Fri
BLDG 805 Maxwell-Gunter
Annex, AL 36114
15 Central 3 Maxwell AFB AL Montgomery 335 South Kelly St, Maxwell Tue-Fri
AFB, AL 36112
16 Central 4 Meridian NAS MS Lauderdale 431 Allen Rd, Meridian Tue-Fri
Naval Air Station, MS
39309-5609
17 Central 4 New Orleans LA Plaquemines 400 Russell Ave, BLDG, Tue-Fri
NSA 502B Belle Chasse, LA
70143
18 Central 4 Arnold AFB TN Coffee/Franklin 125 Von Karman, Arnold Tue-Fri
AFB, TN 37389-7249
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19 Central 3 Little Rock AFB AR Pulaski 790 Sixth St, Bldg. 790, Mon-Sat
Little Rock Air Force Base,
AR 72099
20 Central 3 Memphis NSA TN Shelby 5722 Integrity Dr. Nav Mon-Sat
support Mid-South,
Millington, TN 38054
21 Central 4 Richards Gebaur MO Cass 15615 Kensington Ave, Tue-Sat
Kansas City, MO 64147
22 Central 4 Crane NSWC IN Martin 300 Highway 361, NSWC Tue-Fri
Crane, IN 47522-5001
23 Central 4 Fort McCoy WI Monroe 1537 South J Street, Fort Mon-Sat
McCoy, WI 54656
24 Central 2 Harrison Village IN Marion 9702 East 59th St, Suite A, Wed-Fri
Indianapolis, IN 46216
25 Central 2 Pittsburgh Area PA Allegheny 79 Soldiers Lane Moon Tue-Fri
County Township, PA 15108
26 Central 3 Redstone Arsenal AL Madison 3224 Acton Drive, Redstone Tue-Fri
Arsenal, AL 35898-7210
27 Central 4 Rock Island IL Rock Island Rodman Ave, Bldg. 334, Mon-Sat
Arsenal Rock Island Arsenal, IL
61299-7280
28 Central 4 Selfridge ANG MI Macomb 701 George St, Selfridge Tue-Fri
ANG Base, MI 48045-5011
29 Central 2 Altus AFB OK Jackson Bldg. 16, 205 S 1st Street, Tue-Fri
Altus OK 73523-5100
30 Central 2 McConnell AFB KS Sedgewick Bldg. 313, 53327 Derby Tue-Fri
Court, McConnell Air Force
Base KS 67221-3622
31 Central 2 Sheppard AFB TX Wichita Blvd 120, 130 Community Tue-Sat
Center Drive, Sheppard
AFB TX 76311-3048
32 Central 2 Vance AFB OK Garfield Bldg. 410, 216 Fields Street, Tue-Sat
Vance AFB OK 73705-5702
WAGE DETERMINATIONS
CONSOLIDATED WAGE DETERMINATION
NOTE: Wage Determination information pertains to FAR Clause 52.222-41, Entitled Service Contract Labor Standards. A
complete copy can be obtained at https://sam.gov
The following occupations may be applicable: Employee Class Monetary Wage-Fringe Benefits
31043 Courier Driver
Mandatory Location
# Area Commissary State County Commissary Address Wage WD

Location
Determination Revision WD Date
HQC00524R0015
Number Number
1 CENTRAL Eglin AFB FL Okaloosa & 1511 Memorial Trail, Suite 1, Page 91 of 106
Santa Rosa Eglin AFB, FL 32542 2015-4531 25 12/26/2023
2 CENTRAL Jacksonville FL Duval 1701 Allegheny Road, NAS
NAS Jacksonville, FL 32212-0042 2015-4539 22 12/26/2023
3 CENTRAL MacDill AFB FL Hillsborough 2908 N. Boundary Blvd.
MacDill AFB, FL 33621-5009 2015-4571 22 12/26/2023
4 CENTRAL Fort LA Vernon 7445 LA 467, Bldg. 601, Fort
Johnson Parish Polk, LA 71459 2015-5197 24 12/26/2023
(Fort Polk)
5 CENTRAL Keesler AFB MS Harrison 508 Larcher BLVD, Biloxi, MS
39534-2248 2015-5147 22 12/26/2023
6 CENTRAL Fort Novosel AL Dale 8900 Division Road, Fort
(Fort Rucker, AL 36362 2015-4631 25 12/26/2023
Rucker)
7 CENTRAL Fort KY Christian 2606 Indiana Avenue, Fort
Campbell Campbell, KY 42223-5639 2015-4675 21 12/26/2023
8 CENTRAL Fort Leonard MO Pulaski 689 Nebraska Avenue, Fort
Wood Leonard Wood, MO 65473- 2015-5093 23 12/26/2023
8954
9 CENTRAL Scott AFB IL Saint Clair 203 West Winters St, Scott
AFB, IL 62225-5362 2015-5075 25 12/26/2023
10 CENTRAL Wright OH Greene 2130 Sycamore St, Suite 1
Patterson Bldg. 1250, Kittyhawk Area, 2015-4731 22 12/26/2023
Wright Patterson AFB, OH
45433
11 CENTRAL Fort KS Leavenworth Bldg. 691, 310 Kansas Ave,
Leavenworth Fort Leavenworth KS 66027 2015-5105 21 12/26/2023
12 CENTRAL Fort Riley KS Geary & 2310 Trooper Drive, Fort
Riley Riley KS 66442-0520 2015-5343 23 12/26/2023
13 CENTRAL Fort Sill OK Comanche 1719 Macomb Road, Fort Sill
OK 73503-7400 2015-5313 22 12/26/2023
14 CENTRAL Offutt AFB NE Sarpy 101 Meyer Ave, Offutt AFB

NE 68113-2130 2015-5005 21 12/26/2023
15 CENTRAL Randolph TX Bexar Bldg. 1075, 770 3rd Street
AFB West, Randolph AFB TX 2015-5253 22 12/26/2023
78150
16 CENTRAL Barksdale LA Bossier 1265 Twining Drive BLDG
AFB Parish 4765 Barksdale AFB, LA 2015-5191 23 12/26/2023
71110
17 CENTRAL Hurlburt FL Okaloosa 114 Howie Walters Rd,
Field Hurlburt Field AFB, FL 32544 2015-4531 25 12/26/2023
18 CENTRAL Fort Knox KY Hardin, 933 Gold Vault Rd, Fort
Bullitt & Knox, KY 40121-5680 2015-4681 20 12/26/2023
Meade
19 CENTRAL Great Lakes IL Lake 2630 Green Bay Rd, Great
NS Lakes Naval Station, IL 2015-4935 23 12/26/2023
60088-3303
20 CENTRAL Fort TX Bell Bldg. 50001, Clear Creek
Cavazos, Road, Fort Hood TX 76544- 2015-5237 23 12/26/2023
(Fort Hood I- 5050
Clear Creek)
21 CENTRAL Tinker AFB OK Oklahoma Bldg. 690, 3250 S Air Deport
Blvd, Tinker AFB OK 73145 2015-5315 22 12/26/2023
22 CENTRAL Patrick SFB FL Brevard 1225 S Patrick Dr. Patrick
AFB, FL 32925-3604 2015-4555 24 12/26/2023
23 CENTRAL Pensacola FL Escambia 5800 West Highway 98,
NAS Pensacola, FL 32507-1072 2015-4561 24 12/26/2023
24 CENTRAL Fort Sam TX Bexar Bldg. 360, 2400 Commissary
Houston Street. STE 6, Fort Sam 2015-5253 22 12/26/2023
Houston TX 78234-5006
25 CENTRAL Whiteman MO Johnson 700 Arnold Ave, Whiteman
AFB AFB, MO 65305 2015-5089 23 12/26/2023
HQC00524R0015
Page 92 of 106
26 CENTRAL Lackland TX Bexar Bldg. 8400, 2250 Foulois

AFB Street, Lackland AFB TX 2015-5253 22 12/26/2023
78236-1039
Optional Locations
# Area Commissary State County Commissary Address Wage WD

Location
Determination Revision WD Date
Number Number
1 CENTRAL Key West FL Monroe 811 Sigsbee Rd, Bldg.
NAS V4111, Key West, FL 33040 2015-4583 25
12/26/2023
2 CENTRAL Mayport NS FL Duval 2294 Mayport Rd, # 51
Atlantic Beach, FL 32233 2015-4539 22
12/26/2023
3 CENTRAL Tyndall AFB FL Bay 220 Mall Lane Suite 1,
Tyndall AFB, FL 32403-5530 2015-4559 24
12/26/2023
4 CENTRAL Whiting FL Santa Rosa 7180 Whiting Field 7180 USS
Field NAS Wasp St, Bldg. 3060, Milton, 2015-4561 24
FL 32570 12/26/2023
5 CENTRAL Corpus TX Nueces Bldg. 337, 10801 D Street,
Christi NAS NAS Corpus Christi TX 2015-5225 23
78419-5104 12/26/2023
6 CENTRAL Dyess AFB TX Taylor Bldg. 7340, 250 Commissary
Road, Dyess AFB TX 79607- 2015-5211 26
1250 12/26/2023
7 CENTRAL Fort TX Bell Bldg. 85020, Warrior Way &
Cavazos, 10th Street, Fort Hood TX 2015-5237 23
(Fort Hood 76544-5056 12/26/2023
II-Warrior
Way)
8 CENTRAL Fort Worth TX Tarrant 1765 Military Parkway, Fort
NASJRB Worth TX 76127 2015-5231 25
12/26/2023
9 CENTRAL Goodfellow TX Tom Green Bldg. 213, 110 Valiant Street,
AFB Goodfellow AFB TX 76908- 2015-5251 22
3516 12/26/2023
10 CENTRAL Kingsville TX Kleberg 747 Rosendahl STE 101,
NAS Kingsville/ Naval Air Station 2015-5305 22
(Annex of TX 78363 12/26/2023
Corpus
Christi NAS)
11 CENTRAL Laughlin TX Val Verde Bldg. 352, 574 5th Street,
AFB Laughlin AFB TX 78843-5250 2015-4429 23
12/26/2023
12 CENTRAL Columbus MS Lowndes 323 Simler Boulevard, BLDG
AFB 160-B Columbus AFB , MS 2015-5157 22
39710 12/26/2023
13 CENTRAL Gulfport MS Harrison 1707 CBC Second St, BLDG
NCBC 32 Gulfport NCBC, MS 2015-5147 22
39501 12/26/2023
14 CENTRAL Gunter AFB AL Montgomery 115 North Turner Blvd. BLDG
805 Maxwell-Gunter Annex, 2015-4607 21
AL 36114 12/26/2023
15 CENTRAL Maxwell AL Montgomery 335 South Kelly St, Maxwell
AFB AFB, AL 36112 2015-4607 21
12/26/2023
16 CENTRAL Meridian MS Lauderdale 431 Allen Rd, Meridian Naval
NAS Air Station, MS 39309-5609 2015-5169 22 12/26/2023
12/26/2023
HQC00524R0015
Page 93 of 106
17 CENTRAL New LA Plaquemines 400 Russell Ave, BLDG,

Orleans 502B Belle Chasse, LA 2015-5189 26
NSA 70143 12/26/2023
18 CENTRAL Arnold AFB TN Coffee/Franklin 125 Von Karman, Arnold
AFB, TN 37389-7249 2015-5189 26
12/26/2023
19 CENTRAL Little Rock AR Pulaski 790 Sixth St, Bldg. 790, Little
AFB Rock Air Force Base, AR 2015-5117 23
72099 12/26/2023
20 CENTRAL Memphis TN Shelby 5722 Integrity Dr. Nav
NSA support Mid-South, Millington, 2015-4673 24
TN 38054 12/26/2023
20 CENTRAL Richards MO Cass 15615 Kensington Ave,
Gebaur Kansas City, MO 64147 2015-5105 21
12/26/2023
21 CENTRAL Crane IN Martin 300 Highway 361, NSWC
NSWC Crane, IN 47522-5001 2015-4821 25
12/26/2023
22 CENTRAL Fort McCoy WI Monroe 1537 South J Street, Fort
McCoy, WI 54656 2015-4929 24
12/26/2023
23 CENTRAL Harrison IN Marion 9702 East 59th St, Suite A,
Village Indianapolis, IN 46216 2015-4787 25
12/26/2023
24 CENTRAL Pittsburgh PA Allegheny 79 Soldiers Lane Moon
Area County Township, PA 15108 2015-4235 25
12/26/2023
25 CENTRAL Redstone AL Madison 3224 Acton Drive, Redstone
Arsenal Arsenal, AL 35898-7210 2015-4603 25
12/26/2023
26 CENTRAL Rock Island IL Rock Island Rodman Ave, Bldg. 334,
Arsenal Rock Island Arsenal, IL 2015-5011 21
61299-7280 12/26/2023
27 CENTRAL Selfridge MI Macomb 701 George St, Selfridge
ANG ANG Base, MI 48045-5011 2015-4867 26
12/26/2023
28 CENTRAL Altus AFB OK Jackson Bldg. 16, 205 S 1st Street,
Altus OK 73523-5100 2015-5329 23
12/26/2023
29 CENTRAL McConnell KS Sedgewick Bldg. 313, 53327 Derby
AFB Court, McConnell Air Force 2015-5341 25
Base KS 67221-3622 12/26/2023
30 CENTRAL Sheppard TX Wichita Blvd 120, 130 Community
AFB Center Drive, Sheppard AFB 2015-5263 22
TX 76311-3048 12/26/2023
31 CENTRAL Vance AFB OK Garfield Bldg. 410, 216 Fields Street,
Vance AFB OK 73705-5702 2015-5321 12
12/26/2023
52.212-1 INSTRUCTIONS TO OFFER

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
The following paragraphs are altered as follows:
(a) North American Industry Classification System (NAICS) Code: 492210

HQC00524R0015
Page 94 of 106
(b) Submission of Offers: Submit signed and dated proposals to the office specified in this
solicitation at or before the exact time specified in this solicitation. Proposals must be complete
and submitted with all required information, in electronic format, by an authorized representative
of the Offeror. Hand written portions and those including signatures and completion of certain
clauses and provisions shall be scanned into .pdf format and emailed to both Ronald Mosley at
[email protected] and Kristine Castelow at [email protected]. The following
shall be in the subject line for the email submittal:
“Proposal from (company name) in response to HQC005-24-R-0015 eCommerce

Delivery - Central”;
At a minimum, offers must show _
(1) The solicitation number HQC005-24-R-0015;
(2) The time specified in the solicitation for receipt of proposals: June 3, 2024; 4:30PM
EST. Failure to submit a proposal in accordance with this date and time will remove
an offeror from further consideration.
(3) The Offeror’s name, physical address, email address, and telephone number;
(4) Submit proposal in three (3) distinctly severable parts consisting of Technical
Capability (Volume I), Past Performance (Volume II), and Price (Volume III),
separately packaged or, if submitted electronically, saved in separate file locations,
providing the information required below in paragraph 12, Proposal Instructions.
Failure to provide three separate volumes will remove an offeror from further
consideration.
To ensure consideration of all required information by the various evaluators, you may
have to present the same information, in the same or different format, in more than
one volume. Ensure information and statements on similar topics are consistent
throughout the proposal.
Moreover, page limits apply to volumes and sections as indicated below in paragraph
12. Beginning with the first page, only the number of pages up to the specified limit
will be considered. Pages in excess of the number specified will not be considered.
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3. This
requirement must be completed electronically through the System for Award
Management (SAM.gov) for both FAR and DFARS). If any portions have been
HQC00524R0015
Page 95 of 106
updated for this solicitation specifically, please list those paragraphs in 52.212-3(b) and
complete those paragraphs on this form. The SAM certifications must include the
respective NAICS code found in the solicitation.
(9) Signed acknowledgment of any issued Solicitation Amendments;
(10) A statement specifying the extent of agreement with all terms, conditions, and
provisions included in the solicitation. Proposals that fail to furnish required
representations or information, or reject the terms and conditions of the solicitation may
be excluded from consideration.
(11) Offerors must submit an electronic copy of Enclosure A - Central (Solicitation Pricing
Sheet) in the original protected Excel format. Typed documents, hand written portions,
and those including signatures must be scanned as a .pdf or converted to .pdf format.
All documents must be emailed to the following email addresses: Ronald Mosley at
[email protected] and Kristine Castelow at [email protected] .
Offerors are encouraged to contact the contracting office responsible for this
solicitation and to verify that all documents are received in advance of the due date and
time of the proposal.
(12) All questions related to this solicitation shall be submitted in writing by email to
Ronald Mosley at [email protected] and Kristine Castelow at
[email protected] no later than 10 calendar days after solicitation
issuance. A consolidated list of questions and answers, if applicable, may be provided
to all prospective Offerors as appropriate. Answers to questions will not alter the
solicitation unless and until an amendment is made to the solicitation incorporating the
answers.
The following paragraphs are added:
(13) Complete all applicable clauses and provisions that require fill-ins.
All Offerors are required to complete the following Clause Information within “Full
Text” clause section:
FAR 52.222-52, “Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services—Certification”
“Does” = Service Contract Labor Standards (FAR 52.222-41) WILL NOT apply.
“Does Not” = Service Contract Labor Standards (FAR 52.222-41) WILL apply.
FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION
“The Contractor represents that it ( ) is, ( ) is not a small business concern under
NAICS Code 492210 assigned to contract number TBD.”
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(14) PROPOSAL INSTRUCTIONS: Government Objective: The Defense Commissary

Agency (DeCA) is a component of the Department of Defense (DoD) reporting to the
Under Secretary of Defense for Personnel and Readiness. DeCA operates a worldwide
commissary system that provides quality grocery products at substantial savings to
eligible patrons, including active-duty military personnel and retirees. DeCA’s mission is
to deliver a vital benefit of the military pay system that sells grocery items at significant
savings while enhancing quality of life and readiness. DeCA uses an Enterprise Business
Solution (EBS) to support all of DeCA’s business operations (retail, back office, and
support). This EBS system incorporates an application for DeCA’s online shopping portal
(operated as “CLICK2GO®”). The DeCA ecommerce application has the capability to
support ecommerce delivery services to provide additional access to the benefit to
eligible patrons.
The intent is for DeCA to offer grocery delivery at 58 state-side locations as each Commissary’s
CC2G business grows and provides sufficient metrics for the Doorstop Delivery program within
the lifecycle of this contract. DeCA has identified 26 stores that will receive grocery delivery
services at the time of contract award. Those stores have been identified as “Mandatory
Locations” as further stated in Attachment A - Central to this SOW. Please note that the
remaining 32 stores are listed in the same attachment and are identified as “Optional Locations”
and may be unilaterally implemented as permitted in the contract clause titled “Government
Option to Expand Delivery Locations.” If any future store meets the clause’s parameters, prior to
contract award, the store will be added to the “Mandatory Stores” tab and will be part of the
requirement at contract award.
Based on Market Research, the government’s objective is for delivery within a 10-mile radius
from the delivery pickup commissary location at a price per delivery not to exceed $10. Note that
while the aforementioned metrics are government objectives, an Offeror is not required to
propose this specific delivery radius or price and the government will evaluate any proposed
delivery radius and price consistent with the evaluation criteria. The offeror may propose any
technical approach that suits its business model (e.g., software as a service or other) so long as
the offeror’s proposal meets the government requirements.
This solicitation seeks one awardee to provide grocery delivery services for DeCA. Offerors
shall submit the proposal information required below for the following evaluation factors and
Subfactors:
Factor 1 – Technical Capability

Subfactor 1 – Delivery Radius
Subfactor 2 – CLICK2GO Integration
Subfactor 3 – Management
Subfactor 4 – Staffing
Subfactor 5 – Additional and or Alternative Capabilities
Factor 2 - Past Performance
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Factor 3 – Price
(ii) Factor 1 – Technical Capability - VOLUME 1
Subfactor 1 – Delivery Radius: The offeror shall propose a delivery radius for each
proposed commissary location on both the “Mandatory Locations” and “Optional
Locations” tabs in Enclosure A - Central (Solicitation Pricing Sheet). Information to be
completed by the offeror is highlighted in yellow. The offeror may propose the same
delivery radius for each proposed commissary location or may propose different delivery
radiuses for proposed commissary locations.
Subfactor 2 – CLICK2GO Integration: The offeror shall propose a detailed plan

describing how it will integrate with the government’s eCommerce platform (Freshop) in
the time required by the Performance Work Statement. The offeror’s plan shall identify
the timeline for the integration, including significant dates and actions occurring within
that timeframe, as well as any risks to meeting the integration schedule. The offeror shall
provide documentations that can demonstrate the likelihood they can integrate within 45
days of contract award. Submission of documents is limited to 15 single-sided pages
utilizing size 12 font. Pages in this Subfactor shall be numbered sequentially beginning
with page 1. Beginning with the first page, only the number of pages up to the specified
limit will be considered. Pages in excess of the number specified will not be considered.
Subfactor 3 – Management: The offeror shall describe in detail its plan to manage the
contract. Submission of documents is limited to 15 single-sided pages utilizing size 12
font. Pages in this Subfactor shall be numbered sequentially beginning with page 1. Any
additional pages submitted will not be considered. The offeror shall describe the
following:
- The offeror’s management techniques it intends to implement to manage the
program schedule, performance, risks, subcontracts, and data throughout
contract performance;
- The offeror’s approach to delivering orders from the time it receives an order
until it delivers the order;
- The offeror’s process for providing consistent, timely delivery in accordance
with industry standards;
- The offeror’s process for communicating to the store that an order has
delivered;
- The offeror’s plan to maintain customer satisfaction.
- The offeror shall indicate what quality control plan(s) and/or contingency
plan(s) exist regarding services
Subfactor 4 – Staffing: The offeror shall explain how it will adequately staff all necessary
positions, including delivery drivers, for each proposed commissary location. Submission
of documents is limited to 15 single-sided pages utilizing size 12 font. Pages in this
Subfactor shall be numbered sequentially beginning with page 1. Beginning with the first
page, only the number of pages up to the specified limit will be considered. Pages in
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excess of the number specified will not be considered. The Offeror shall detail the
following:
- The offeror’s ability to provide licensed and insured delivery drivers who can
maintain the ability to access military installations throughout the period of
performance of the contract;
- The offeror’s process for replacing drivers, including any recruitment and
retention plans that the offeror will utilize; and
- The offeror’s process for resolving emergency situations caused by a delivery
driver's unexpected failure to meet pickup and delivery requirements as
required in the Performance Work Statement. The offeror shall detail its
procedures for mitigating the impacts of these emergency situations when they
happen, to include steps to identify and resolve the cause and timeline for
correction.
- The offeror’s process in the event of a strike
Subfactor 5 – Additional and or Alternative Capabilities: The offeror may, but is not
required to, propose capabilities that exceed the requirements of the Performance Work
Statement or alternative approaches to meeting the government’s objectives. These
approaches may, but are not required to, include increased number of initial required
commissary locations serviced, loyalty discounts or allowable promotions, increased
delivery radius, delivery pickup and drop-off timing, delivery pickup lead-time, invoicing
and reconciliation changes, or any other area that impacts contract performance. If an
offeror proposes any additional or alternative capability, the offeror shall describe how
that proposed capability is advantageous to the government. Submission of documents is
limited to 15 single-sided pages utilizing size 12 font. Pages in this Subfactor shall be
numbered sequentially beginning with page 1. Beginning with the first page, only the
number of pages up to the specified limit will be considered. Pages in excess of the
number specified will not be considered.
(ii) Factor 2 - Past Performance – VOLUME II: Offerors shall provide examples of recent and
relevant past performance detailing the offeror’s qualitative performance record. Examples can
include Contractor Performance Assessment Reports or business references. The offeror shall
provide the following information for any business reference:
- Customer company name
- Point of contact name, position title, and contact information
- Detailed description of the work performed for each reference, including
performance.
(iii) Factor 3 – Price – VOLUME III: The Offeror shall propose prices for each proposed
required commissary location listed in Attachments A by completing Enclosure A - Central
(Solicitation Pricing Sheet). The average numbers of estimated deliveries per day are included
per location. Please note this is an estimate and is subject to change and should therefore be
taken into consideration. It is the Agency’s goal to increase sales and increase deliveries in the
long run. The offeror’s proposed pricing shall include all of the offeror’s prices, including any
prices associated with the offeror’s proposed Technical Capability proposal. In addition, the
Offeror shall separate and identify any proposed prices attributable to any proposed additional
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and or alternative capabilities under Technical Capability Subfactor 5. The Offeror shall separate
these items to allow the government to evaluate the Offeror’s proposed prices without the
proposed additional and or alternative capabilities and review Offeror’s proposed prices with the
addition of proposed additional and or alternative capabilities.
The Offeror shall also propose prices for each optional commissary location that may be
exercised pursuant to the contract clause titled “Government Option to Expand Delivery
Locations.”
The Offeror may propose a Government Supplemental Amount and how the Offeror proposes to
earn that amount. The Offeror may propose an earning mechanism that best suits its business
model (e.g., subscription fee(s), per delivery fee, lump sum, etc…). The successful Offeror’s
amount and triggering method will be incorporated into a clause titled “Government’s
Supplemental Payment” at contract award.
Offerors shall submit Enclosure A - Central (Solicitation Pricing Sheet). This document only
allows the offeror to fill in blocks highlighted in yellow. All other parts of the Excel sheet are
password protected. There is one tab that lists Commissary locations and radiuses. Offers shall
submit prices and may propose the same price for commissary locations or may propose different
prices for commissary locations. Offers shall submit radiuses and may propose the same radius
for commissary locations or may propose different radiuses for commissary locations. For a
proposal to be accepted, the offeror shall price and provide radius information all commissary
locations. Failure to propose all locations may render the proposal unawardable.
GOV OPTION TO EXPAND DELIVERY

Clause: Government Option to Expand Delivery Locations
This contract requires the Contractor to perform the required effort at locations identified below
and in Attachment A - Central as mandatory. The aforementioned attachment also includes a list
of optional commissary locations that the government may unilaterally exercise at any time,
thereby requiring the Contractor to perform the required effort at the additional location(s) as
well. The government may exercise this option as many times as necessary with at lCentral 90-
days written notice to the Contractor. The government may only exercise this clause to add a
commissary location(s) if the added location(s) has a minimum of 32 CLICK2GO orders per
week.
52.212-2 EVALUATION--COMMERCIA
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(NOV 2021)
(a) Offerors are advised to submit a proposal for this solicitation if the Offeror wishes to
considered for award. Offerors are notified that the Government intends to award one contract to
the responsible Offeror whose proposal conforms to the solicitation and will be most
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advantageous to the Government pursuant to the evaluation criteria. The Government will
evaluate the factors listed below in accordance with the evaluation instructions.
The Government will award one contract resulting from this solicitation that represents the Best
Value to the Government using a Trade-Off evaluation using the following evaluation factors
and weighting:
Factor 1 – Technical Capability

Subfactor 1 – Delivery Radius
Subfactor 2 – CLICK2GO Integration
Subfactor 3 – Management
Subfactor 4 - Staffing
Subfactor 5 – Additional and or Alternative Capabilities
Factor 2 – Past Performance
Factor 3 – Price
The Technical Capability Factor and the Past Performance Factor are of equal importance. Each
Subfactor within the Technical Capability factor is of equal importance relative to each of the
other Subfactors. The government will provide adjectival ratings only at the factor level. The two
non-price factors, when combined, are less important than the Price Factor. If pricing is not
found to be fair and reasonable, the two non-price factors will not be evaluated.
Factor 1 – Technical Capability - VOLUME 1: The Technical Capability factor includes five
Subfactors: delivery radius, CLICK2GO integration, management, staffing, and additional and or
alternative capabilities . The Government will evaluate the Offeror’s technical proposal and issue
one combined technical and risk rating at the factor level in accordance with the definitions
herein. The Government reserves the right to incorporate any portion of an Offeror’s proposal in
to the resultant contract.
Subfactor 1 – Delivery Radius: The government will evaluate the offeror’s proposed
delivery radius(es). An offeror’s proposed delivery radius(es) of less than 10 miles from
the originating commissary locations will not be evaluated as a deficiency; however,
offerors are advised that the government may consider delivery radius(es) of at least 10
miles to be more advantageous to the government.
Subfactor 2 – CLICK2GO Integration: The government will evaluate the offeror’s plan to
integrate with the agency’s eCommerce platform (Freshop) in the time required by the
Performance Work Statement. The government will evaluate the offeror’s plan pertaining
to the timeline for the integration, including significant dates and actions occurring within
that timeframe, as well as any risks to meeting the integration schedule. The government
will evaluate documentation submitted demonstrating the likelihood of the offeror
integrating within 45 days of contract award.
Subfactor 3 – Management: The government will evaluate the offeror’s approach to

managing the contract, to include: the offeror’s management techniques to manage the
program schedule, performance, risks, subcontracts, and data throughout contract
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performance; the offeror’s approach to delivering orders from the time it receives an
order until it delivers the order; the offeror’s process for providing consistent, timely
delivery in accordance with industry standards; the offeror’s process for communicating
to the store that an order has been delivered; and the offeror’s plan to maintain customer
satisfaction.
Subfactor 4 – Staffing: The government will evaluate the offeror’s plan for staffing the
contract, including the offeror’s plan to ensure delivery drivers receive and maintain
installation access and any recruitment and retention plan.
Subfactor 5 – Additional and or Alternative Capabilities : The government will evaluate

the Offeror’s proposal for any capabilities or solutions that are additional to, or take an
alternate approach to meeting, the contract requirements and objectives. Failure to
propose additional or alternative capabilities will not be evaluated as a Risk or
Deficiency; however, an offeror may enhance its proposal by proposing additional or
alternative capability. If an Offeror proposes alternative capabilities, the government will
evaluate the proposed additional capability for Strengths, Significant Strengths, and Risk
to the extent the proposed additional capability meets any of those definitions. Nothing in
these evaluation instructions shall require the Government to assign a Strength,
Significant Strength, or Risk to a proposed additional capability if the proposed capability
does not meet the definitions herein for those findings.
The government will use a Combined Technical/Risk Rating methodology to evaluate the
offeror’s Technical Capability proposal. The combined technical/risk rating includes
consideration of risk in conjunction with the significant strengths, weaknesses, significant
weaknesses, uncertainties, and deficiencies in determining technical ratings. Combined
technical/risk evaluations shall utilize the combined technical/risk ratings listed in Table E-1
Combined Technical/Risk Rating Method and the risk descriptions set forth in Table E-2
Technical Risk Rating Method.
Table E-1. Combined Technical/Risk Rating Method
Color Adjectival
Description
Rating Rating
Proposal demonstrates an exceptional approach and
understanding of the requirements and contains multiple
Blue Outstanding
strengths and/or at least one significant strength, and risk of
unsuccessful performance is low.
Proposal indicates a thorough approach and understanding of
the requirements and contains at least one strength or
Purple Good
significant strength, and risk of unsuccessful performance is
low to moderate.
Proposal meets requirements and indicates an adequate approach
Green Acceptable and understanding of the requirements, and risk of unsuccessful
performance is no worse than moderate.
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Proposal has not demonstrated an adequate approach and

Yellow Marginal understanding of the requirements, and/or risk of unsuccessful
performance is high.
Proposal does not meet requirements of the solicitation and,
Red Unacceptable thus, contains one or more deficiencies and is unawardable,
and/or risk of performance is unacceptably high.
Table E-2. Technical Risk Rating Method

Adjectival
Description
Rating
Proposal may contain weakness/weaknesses which have low potential to cause
disruption of schedule or degradation of performance. Normal contractor
Low
emphasis and normal Government monitoring will likely be able to overcome
any difficulties.
Proposal contains a significant weakness or combination of weaknesses which
may have a moderate potential to cause disruption of schedule or degradation of
Moderate
performance. Special contractor emphasis and close Government monitoring
will likely be able to overcome any difficulties.
Proposal contains a significant weakness or combination of weaknesses which is
likely to have high potential to cause significant disruption of schedule or
High
degradation of performance. Special contractor emphasis and close Government
monitoring will unlikely be able to overcome any difficulties.
Proposal contains a deficiency or a combination of significant weaknesses that
Unacceptable
causes an unacceptable level of risk of unsuccessful performance.
Definitions:
Significant Strength is an aspect of an Offeror’s proposal with appreciable merit or will exceed
specified performance or capability requirements to the considerable advantage of the
Government during contract performance.
Strength is an aspect of an offeror's proposal that has merit or exceeds specified performance or
capability requirements in a way that will be advantageous to the Government during contract
performance.
Weakness means a flaw in the proposal that increases the risk of unsuccessful contract
performance.
Significant Weakness in the proposal is a flaw that appreciably increases the risk of
unsuccessful contract performance.
Deficiency is a material failure of a proposal to meet a Government requirement or a

combination of significant weaknesses in a proposal that increases the risk of unsuccessful
contract performance to an unacceptable level.
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Risk, as it pertains to evaluation of offers, is the potential for unsuccessful contract performance.
The consideration of risk assesses the degree to which an offeror’s proposed approach to
achieving the technical factor may involve risk of disruption of schedule, degradation of
performance, the need for increased
Government oversight, and the likelihood of unsuccessful contract performance.
Factor 2 – Past Performance – VOLUME II: The Government will evaluate the offeror’s
proposed record of recent and relevant past performance to determine the Government’s
confidence assessment in accordance with the definitions stated herein. A past performance
record is recent if it the effort was performed within three years of the proposal due date. Any
performance that falls outside of the three-year recency window will be deemed not recent and
will not be evaluated. The Government reserves the right to evaluate past performance
information known to the Government in addition to the information proposed by the Offeror.
Table H-1 Past Performance Relevancy Rating Method definitions shall be utilized to determine
relevancy of each past performance record.
Table H-1. Past Performance Relevancy Rating Method
Adjectival
Description
Rating
Present/past performance effort involved essentially the same scope and
Very Relevant
magnitude of effort and complexities this solicitation requires.
Present/past performance effort involved similar scope and magnitude of
Relevant
effort and complexities this solicitation requires.
Somewhat Present/past performance effort involved some of the scope and magnitude of
Relevant effort and complexities this solicitation requires.
Present/past performance effort involved little or none of the scope and
Not Relevant
magnitude of effort and complexities this solicitation requires.
Performance Confidence Assessment. Evaluation shall be in accordance with the

criteria established in the solicitation. Table H-2 Performance Confidence Assessments
Rating Method will be used to rate the offeror’s overall record of past performance. In
the case of offerors for which there is no information on past contract performance or
where past contract performance information is not available, the offeror may not be
evaluated favorably or unfavorably on the factor of past contract performance (see FAR
15.305[a][2][iv]). In this case, the offeror’s past performance is unknown and assigned
a performance confidence rating of “Neutral.”
Table H-2. Performance Confidence Assessments Rating Method
Adjectival Rating Description

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Based on the offeror’s recent/relevant performance record, the Government

Substantial Confidence has a high expectation that the offeror will successfully perform the required
effort.
Satisfactory Confidence has a reasonable expectation that the offeror will successfully perform the
required effort.
No recent/relevant performance record is available or the offeror’s
performance record is so sparse that no meaningful confidence assessment
Neutral Confidence rating can be reasonably assigned.
The offeror may not be evaluated favorably or unfavorably on the factor of
past performance.
Limited Confidence has a low expectation that the offeror will successfully perform the required
effort.
No Confidence has no expectation that the offeror will be able to successfully perform the
required effort.
Factor 3 - Price – VOLUME III – Price: The Government will evaluate the offeror’s Price
proposal to determine that the proposed amounts are reasonable. Pursuant to FAR 15.404-1(b),
the Government anticipates determining price reasonableness based on adequate price
competition; however, the Government reserves the right to consider other information and
techniques to determine price reasonableness. Based on the government’s market research, any
proposed delivery fee in excess of $10 for a delivery radius not to exceed 10 miles may be
deemed unreasonable. The Government will evaluate separately priced line items within an
Offeror’s price proposal for unbalanced pricing. Unbalanced pricing exists where the prices of
one or more-line items are significantly overstated or understated, despite an acceptable total
price
(a) Required Commissary Locations Price - Offerors may propose the same delivery fee price for
each commissary location in a proposed area or different delivery fee prices for different
commissary locations within a proposed area. If the offeror proposes the same delivery fee for
each required commissary location within a proposed area, the proposed delivery fee will also be
the offeror’s required location delivery fee price. If the offeror proposes different delivery fee
prices for different locations within a proposed area, the government will calculate the average
delivery fee price for all locations within the area and the average will be used as the offeror’s
required locations delivery fee price. If the Offeror proposes additional amounts due to the
Offeror’s Technical Capability, Subfactor 5 Additional and or Alternative Capabilities, the
government will calculate an additional price inclusive of the additional capabilities. The
government may make award to an Offeror at the applicable evaluated price either inclusive or
exclusive of the additional capabilities consistent with the terms herein.
(b) Optional Commissary Locations Price - In addition to the aforementioned information, the
government will evaluate the amounts the Offeror proposes for the optional commissary
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locations listed in Attachments A pursuant to the contract clause titled “Government Option to
Expand Delivery Locations” If the offeror proposes the same delivery fee for each optional
commissary location within a proposed area, the proposed delivery fee will also be the offeror’s
optional location delivery fee price. If the offeror proposes different delivery fee prices for
different optional locations within a proposed area, the government will calculate the average
delivery fee price for all optional locations within the area and the average will be used as the
offeror’s optional locations delivery fee price. If the Offeror proposes additional amounts due to
the Offeror’s Technical Capability, Subfactor 5 Additional and or Alternative Capabilities, the
government will calculate an additional price inclusive of the additional capabilities. The
government may make award to an Offeror at the applicable evaluated price either inclusive or
exclusive of the additional capabilities consistent with the terms herein.
(c) Government Supplemental Payments. In addition to the delivery fees described above, the
government will review the Offeror’s proposed supplemental amount and how the Offeror
proposes to earn that amount. The Offeror will read the proposed earning mechanism that best
suits its business model (e.g., subscription fee(s), per delivery fee, lump sum, etc…). The
successful Offeror’s amount and triggering method will be incorporated into a clause titled
“Government’s Supplemental Payment” at contract award. The Offeror’s proposed amounts
may be incorporated into the contract and will bind the awardee pursuant to the terms of the
clause. Any proposed amount that would cause the government to exceed the Maximum
Supplemental Payment amount stated in the clause titled “Government Supplemental Payment”
may be deemed unreasonable.
(d) Options. The Government will evaluate offers for award purposes by adding the total price
for all options to the total price for the basic requirement. The Government may determine that
an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).
(e) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the solicitation, shall result in a
binding contract without further action by either party. Before the offer’s specified expiration
time, the Government may accept an offer (or part of an offer), whether or not there are
negotiations after its receipt, unless a written notice of withdrawal is received before award.
(f) This solicitation is for the procurement of commercial services pursuant to Federal
Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial
Services. As such, the Government will evaluate proposals pursuant to FAR Subpart 12.6,
Streamlined Procedures for Evaluation and Solicitation for Commercial Products and
Commercial Services, in conjunction with FAR Part 15
GOVERNMENT'S SUPPLEMENTAL PAYM

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Clause: Government’s Supplemental Payment
In addition to the delivery fee amounts charged by the Contractor to the patron as prescribed in
Enclosure A – Central (Solicitation Pricing Sheet), the Government may provide a supplemental
payment to the Contractor up to the negotiated Government’s Maximum Supplemental Payment
amounts by contract year.
The Contractor shall invoice for payments, including the Supplemental Payment, as prescribed in
the Statement of Work. If the Government’s Maximum Supplemental Payment is reached for a
given contract year, the Contractor will no longer receive the Supplemental Payment for
subsequent deliveries in that contract year and agrees to receive only the delivery fees listed in
Enclosure A – Central (Solicitation Pricing Sheet). Reaching the Government’s above-mentioned
Maximum Supplemental Payment does not allow the Contractor to renegotiate the delivery fees
listed in Enclosure A – Central (Solicitation Pricing Sheet) nor shall it create any reason, right, or
entitlement for the Contractor to seek an equitable adjustment.

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1.

17a.CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)

32a. QUANTITY IN COLUMN 21 HAS BEEN

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

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

IMPORTANT INFORMATION FREEDOM OF INFORMATION ACT (FOIA)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year Period of Performance: July 1, 2024 - June 30, 2025

Base Year Period of Performance: July 1, 2024 - June 30, 2025

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Please see Enclosure A – Central (Solicitation Pricing Sheet) in which all

Option Year 1 Period of Performance: July 1, 2025 - June 30, 2026

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Option Year 2 Period of Performance: July 1, 2026 - June 30, 2027

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Option Year 3 Period of Performance: July 1, 2027 - June 30, 2028

Option Year 3 Period of Performance: July 1, 2027 - June 30, 2028

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Option Year 4 Period of Performance: July 1, 2028 - June 30, 2029

Option Year 4 Period of Performance: July 1, 2028 - June 30, 2029

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

0001 N/A N/A N/A N/A

0001AA POP 01-JUL-2024 TO N/A N/A

1001AA POP 01-JUL-2025 TO N/A N/A

2001 N/A N/A N/A N/A

2001AA POP 01-JUL-2026 TO N/A N/A

3001 N/A N/A N/A N/A

3001AA POP 01-JUL-2027 TO N/A N/A

4001 N/A N/A N/A N/A

4001AA POP 01-JUL-2028 TO N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

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

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(i) Have a written code of business ethics and conduct;

(2) The Contractor shall--

(1) An ongoing business ethics awareness and compliance program.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(1) Monitoring and auditing to detect criminal conduct;

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

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

Registered in the System for Award Management (SAM) means that--

(4) The Government has marked the record ``Active''.

(A) Change the name in SAM;

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

(b) Safeguarding requirements and procedures.

(iv) Control information posted or processed on publicly accessible information systems.

(xiv) Update malicious code protection mechanisms when new