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SPADARO.ROBERT.F.JR.1291915040 Digitally signed by SPADARO.ROBERT.F.JR.1291915040 

Date: 2023.03.01 16:34:16 -05'00'
2

DuCo, LLC

1) CONTRACT AWARD

D This contract constitutes the Government's acceptance of the Contractor's offer, including all revisions

that were approved and accepted by the Government, under Request for Proposal (RFP) SPE8EC-21-

R-0002. It is an Indefinite Delivery/Requirements Contract under which the Contractor shall function as a

supplier for Sweeper & Scrubber Equipment.

E Performance under this contract shall be governed by the Statement of Work (SOW) and terms and

conditions of RFP SPE8EC-21-R-0002, and the following terms and conditions negotiated prior to award

that were acceptable to both the Contractor and the Government.

G The product base list unit prices set forth in the contractor’s proposal dated August , 2022, DuCo’s

updated Price List dated January 19, 2023 and the final proposal revision discounts dated February 8,

2023, are applicable to the items specified in this contract and are shown on page 12 of this contract.

The proposed product base list unit prices are from Commercial Price List.

The negotiated discounts on page 12 this contract shall remain in effect for the entire five-year contract

period. The contract pricing (catalog price minus discount) shall be the ceiling price for any deliveryorder 

awarded under the contract. At any time, the Contractor can offer discounts greater than the contractual

discounts.

e. In performance of this contract, any transportation of supplies by sea must comply with DFARS 252.247-

7024, Notification of Transportation of Supplies by Sea.

H. CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (Nov 2021)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of

integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty

days of award. To promote compliance with such code of business ethics and conduct, contractors should

have an employee business ethics and compliance training program that facilitates timely discovery and

disclosure of improper conduct in connection with government contracts and ensures corrective measures

are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure

by a principal to timely disclose to the government, in connection with the award, performance, or closeout

of a government contract performed by the contractor or a subcontract awarded there under, credible

evidence of 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 a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS

ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code

of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote

ethical conduct and a commitment to compliance with the law within their organization; and timely report any

violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title

18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR

52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics

and conduct to the contracting officer upon request by the contracting officer.
3

Note: FAR clause 52.203-13 – Contractor Code of Business Ethics and Conduct is incorporated by

reference on page 6 of this contract.

2) CONTRACT PERIOD

Any supplies to be furnished under this contract shall be ordered by issuance of delivery orders by DLA

Troop Support. The ordering period shall commence on the date of award/contract and shall continue for

five (5) calendar years after the effective date of the award/contract.

The “Total Award Amount” listed in block twenty-six (26) on page one (1) of this contract ($93,000,000.00) is

the estimated value of the five (5) year contract and represents the combined five (5) year value of all

Sweeper & Scrubber Equipment contracts to be awarded under SPE8EC-21-R-0002, not this contract alone.

The maximum dollar value that may be obligated against the contract throughout the five (5) year contract

period is $158,213,584.00.

3) DELIVERY ORDER LIMITATIONS

(a) Minimum Order: When the Government requires supplies or services covered by this contract in an

amount of less than one each, the Government is not obligated to purchase, nor is the Contractor

obligated to furnish those supplies or services under the contract.

(b) Maximum Order: The Contractor is not obligated to honor -

.

(1) Any order for a single item is excess of $10,000,000.00

(2) Any order for a combination of items in excess of $10,000,000.00; or

(3) A series of orders from the same ordering office within five (5) days that together call for quantities

exceeding the limitations in subparagraph (b)(1) or (b)(2) of this section.

(c) The Government is not required to order a part of any one requirement from the Contractor if that

requirement exceeds the maximum order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding

the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering

office within thirty (30) days after issuance, with written notice stating the Contractor’s intent not to ship the

item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the

supplies or services from another source.

4) CONTRACT UNIT PRICES

(a) The product base list unit prices set forth in the contractor’s proposal dated August 31, 2022, DuCo’s

updated Price List dated January 19, 2023 and the final proposal discounts dated February 8, 2023, are

applicable to the items specified in this contract and are shown on page 12 of this contract.

(b) Additions to the above item. The unit prices and initial delivery schedules for any item(s) added to the

initial list of contract items shall be established based on negotiations between the Government and the

Contractor. The unit prices must be determined fair and reasonable by the Contracting Officer prior to

addition to the contract.

5) PAYMENT

a. Terms: Payment terms are

b. Prompt Payment Procedures apply.

c. Remittance Address: The Contractor’s remittance address is as follows:
4

6) CONTRACT ADMINISTRATION: Administration of the contract is the responsibility of DCMA

Baltimore (S2101A).

ADDENDUM TO FAR 52.212-4

The clauses listed below are incorporated by reference with the same force and effect as if it was given in

full text:

FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008)

FAR 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (JUN 2020)

FAR 52.222-50 Combatting Trafficking in Persons (NOV 2021)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Contractors (NOV 2021)

FAR 52.242-5 Payments to Small Business Subcontractors (JAN 2017)

DFARS 252.225-7048 Export Controlled Items (JUN 2013)

DFARS 252.232-7006, Wide Area Workflow Payment Instructions (JAN 2023)

The following Federal Acquisition Regulation (FAR) clause is included in the contract by reference to implement

provisions of law or Executive orders applicable to acquisitions of commercial items or components:

FAR 52.203-3, Gratuities (APR 1984) (10 U. S. C. 2207).

The following DFARS clauses are included in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items or components:

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (DEC 2022)

DFARS 252.203-7003, Agency Office of the Inspector General (AUG 2019)

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (SEP 2022)

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC

2019)

DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023)

DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991)

DFARS 252.211-7003, Item Unique Identification and Valuation (JAN 2023)

DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JAN 2023)

DFARS 252.225-7012, Preference for Certain Domestic Commodities (APR 2022)

DFARS 252.225-7021, Trade Agreements (JAN 2023)

DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)

DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003)

DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)

DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns (JAN 2023)

DFARS 252.227-7015, Technical Data -- Commercial Items (JAN 2023)

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JAN 2023)

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)

DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2022)

DFARS 252.244-7000, Subcontracts for Commercial Items (JAN 2023)

DFARS 252.247-7023, Transportation of Supplies by Sea (JAN 2023)

DFARS 252.247-7028, Application for U.S. Government Shipping Documentation/Instructions (JUN 2012)

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required

to Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the

following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded

at any tier under this contract:

DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (JAN 2023)

DFARS 252.227-7015, Technical Data – Commercial Items (JAN 2023)

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JAN 2023)

DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JAN 2023)

DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JAN 2023)
5

DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JAN

2023)

DFARS 252.247-7023, Transportation of Supplies by Sea (JAN 2023)

TIME OF DELIVERY – F.O.B. POINT

(a) Time of Delivery

With respect to each delivery order issued under this contract, the contractor shall make delivery within the

number of days specified on pages 12 through 14 of this contract for the applicable line item after the date

of order,unless the contractor agrees to a different delivery requirement of a particular delivery order.

(b) F.O.B. Point

[ ] With respect to all contract line items this contract is awarded on the basis of delivery F.O.B. Origin.

[X] With respect to all contract line items this contract is awarded on the basis of delivery F.O.B. Destination

for all resulting contract delivery orders and F.O.B. Origin for any Foreign Military Sales (FMS) requirements.

PLACE OF PERFORMANCE GOVERNMENT INSPECTION ACCEPTANCE AND SHIPPING POINT

(a) Place of Performance:

[ x ] (1) Items will be manufactured at the following locations:

(b) Place of Packaging, Packing and Marking:

[X] (1) Same as shown in a(1) above

[ ] (2) As shown below:

(c) Place of Government Inspection: WILL BE SPECIFIED ON DELIVERY ORDER

[X] (1) Material inspection, except as may be indicated in c(2), will be made at the following

locations:
6

[ ] (2) Packaging, Packing and Marking inspection (if other than c(1) above) will be made at the following

location:

ITEM NO. PLANT NAME AND ADDRESS GOVERNMENT INSPECTION OFFICE

[X] (3) At destination

(d) Place of Acceptance: WILL BE SPECIFIED ON DELIVERY ORDER

[ X ] (1) At the plant shown and by the Government Inspection Office shown in c(1) above.

[ ] (2) At the plant shown and by the Government Inspection Office shown in c(2) above.

[ X ] (3) At destination by the receiving authority.

(e) APPLICABLE TO F.O.B. ORIGIN SHIPMENTS ON GOVERNMENT BILL OF LADING AWARDS ONLY.

Shipment will be made from the contractor's or subcontractor plant(s) identified below. These shipping points

were used in the evaluation of contractor's F.O.B. Origin offer. If the contractor ships from a place other than

as identified herein, any increase in transportation costs shall be borne by the contractor and any savings

shall revert to the Government.

[X ] (1) Same as shown in a(1) above.

[ ] (2) As shown below:

NOTE: Any change to the Places of Performance, Inspection, and Acceptance must be approved in writing

by the Contracting Officer.
7

Contract Terms and Conditions Required to Implement Statutes or Executive Orders (DEC 2022)

(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 items:

(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 and Other Covered Entities (NOV 2021) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer

has indicated as being incorporated in this contract by reference to implement provisions of law or Executive

orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

_X_ (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. 2402).

_X_ (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

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

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section

743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 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).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) (41 U.S.C. 2313).

(10) [Reserved]

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (OCT 2022) (15 U.S.C.

657a).

(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

(14)(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.

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

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

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

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

(v) Alternate IV (SEP 2021) of 52.219-9.

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

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

_ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022)

(15 U.S.C. 657f).
8

(22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (OCT 2022) (15 U.S.C.

632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (OCT 2022) (15 U.S.C. 637(m)).

(24) 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)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_X_ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O.

13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

_X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable 

tothe acquisition of commercially available off-the-shelf items or certain other types of commercial items 

as prescribed in 22.1803.)

(37)(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-theshelf 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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

(40)(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.

(41)(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.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

(43)(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.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

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

(ii) Alternate 1 (OCT 2022) of 52.225-1

(49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 202) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-

43.

(ii) Alternate I [Reserved].

(iii) Alternate II (DEC 2022) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

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

(50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
9

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations,

and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

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

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

(42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and

Commercial Services (NOV 2021) (10 U.S.C. 3805)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)

(41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT

2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (JUL 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

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

U.S.C. Appx. 1241(b) 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 items: [Contracting

Officer check as appropriate.]

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

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

U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts

for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts

for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

1792).

(a) 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.
10

(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 Under Executive Order 13658 (JAN 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

1792).

(b) 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.

(3) 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.

(4) 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.

(5) 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)

of this paragraph in a subcontract for commercial items. 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) 52.203-19, 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-

91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O. 11246).

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

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

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

(xi) 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.

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

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

13627).

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

(xiv) 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).
11

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

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

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xx) 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.

2302 Note).

(xxi) 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.

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

U.S.C. Appx. 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 items a minimal

number of additional clauses necessary to satisfy its contractual obligations.
Item # Description of Item Model Number

1 Sewer Cleaner V390H/1000

2 Sewer Cleaner V312HE/13003 Hydro-Excavator MXT390H/8004 Hi Pressure Jet HS16005 Jet Trailer VJ3756 Sweeper A4 STORM7 Sweeper A7 TORNADO8 Sweeper M6SE AVALANCHE9 Pumper 1800

10 Vac Debris Collector ODB DCL800TM25

SPE8EC-23-D-0007 DuCo, LLC Sweepers and Scrubbers