AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE8EC 7. ADMINISTERED BY (If other than Item 6) CODE S1103A

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

ADVANCED MATERIAL HANDLING LLC 

6000 PLUMMER RD SW 

ATLANTA GA 30336-2939 

USA

CODE 5YZD4 FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

SPE8EC-21-D-0079

2021 FEB 24

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE 

PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this 

amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this 

amendment, and is received prior to the opening hour and date specified.

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

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. 

 IN ITEM 10A.

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

date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 (b).

FAR 52.216-2 and Add/Delete Language within Solicitation

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible )

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070 

Previous edi ion unusable

STANDARD FORM 30 (REV. 10-83) 

Prescribed by GSA FAR (48 CFR) 53.243

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer) (Signature of person authorized to sign)

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

(a) By completing Items 8 and 15, and returning

DLA TROOP SUPPORT 

CONSTRUCTION & EQUIPMENT (HEPP) 

700 ROBBINS AVENUE 

PH LADELPHIA PA 19111-5096 

USA 

 Initiator: Cherie Crowe 

 DCC0123 Email: Cherie.Crowe@dla.mil

DCMA ATLANTA 

2300 LAKE PARK DRIVE 

SMYRNA GA 30080-0000 

USA

 15C. DATE SIGNED

Robert F Spadaro Jr

2023 MAY 31

16C. DATE SIGNED

X

X

D. OTHER (Specify type of modification and authority)

See Blk. 16C

3. EFFECTIVE DATE

See Continuation Sheet

K

1. CONTRACT ID CODE

P00003

 2. AMENDMENT/MODIFICATION NO. 

(X)

 CHECK ONE

9A. AMENDMENT OF SOLICITATION NO. 

9B. DATED (SEE ITEM 11)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, 

 IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

PAGE 1 OF 3

Robert F Spadaro Jr
 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SPE8EC 7. ADMINISTERED BY (If other than Item 6) CODE S1103A

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

ADVANCED MATERIAL HANDLING LLC 

6000 PLUMMER RD SW 

ATLANTA GA 30336-2939 

USA

CODE 5YZD4 FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NO.

SPE8EC-21-D-0079

2021 FEB 24

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE 

PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this 

amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this 

amendment, and is received prior to the opening hour and date specified.

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

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. 

IN ITEM 10A.

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

date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 (b).

FAR 52.216-2 and Add/Delete Language within Solicitation

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, X is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible )

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070 

Previous edi ion unusable

STANDARD FORM 30 (REV. 10-83) 

Prescribed by GSA FAR (48 CFR) 53.243

15B. CONTRACTOR/OFFEROR 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer) (Signature of person authorized to sign)

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

(a) By completing Items 8 and 15, and returning

DLA TROOP SUPPORT 

CONSTRUCTION & EQUIPMENT (HEPP) 

700 ROBBINS AVENUE 

PH LADELPHIA PA 19111-5096 

USA 

 Initiator: Cherie Crowe 

 DCC0123 Email: Cherie.Crowe@dla.mil

DCMA ATLANTA 

2300 LAKE PARK DRIVE 

SMYRNA GA 30080-0000 

USA

 15C. DATE SIGNED 16C. DATE SIGNED

X

X

D. OTHER (Specify type of modification and authority)

See Blk. 16C

3. EFFECTIVE DATE

See Continuation Sheet

K

1. CONTRACT ID CODE

P00003

2. AMENDMENT/MODIFICATION NO.

(X)

 CHECK ONE

9A. AMENDMENT OF SOLICITATION NO. 

9B. DATED (SEE ITEM 11)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

PAGE 1 OF 5

Clint Andrews

Government Contract Manager

May 30, 2023
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 2 OF 5 PAGES

SPE8EC-21-D-0079 / P00003

In accordance with addition and deletion language within the solicitation, this contract is hereby modified as 

follows: 

1. Addition of the following 53 Hyundai Construction Equipment models to the Schedule of Items:

MODEL # - DESCRIPTION: 

HA30 - Dump Truck 

HA45 - Dump Truck 

HL930A - Wheel Loaders 

HL940A - Wheel Loaders 

HL955A -Wheel Loaders 

HL955AHD - Wheel Loaders 

HL960A -Wheel Loaders 

HL960AHD - Wheel Loaders 

HL965 -Wheel Loaders 

HL970A - Wheel Loaders 

HL975 - Wheel Loaders 

HL980A - Wheel Loaders 

HR110C - Road Roller 

HR120C - Road Roller 

HR140C - Road Roller 

HR70C - Road Roller 

HS120V - Skid Loaders 

HT100V - Compact Track Loader 

HW140 - Excavators 

HW160A - Excavators 

HW170ACR - Excavators 

HW210A - Excavators 

HW250AMH - Excavators 

HX130ALCR - Excavators 

HX130ALCRD - Excavators 

HX145ALCR - Excavators 

HX160AL - Excavators 

HX180AL - Excavators 

HX210AL - Excavators 

HX220AL - Excavators 

HX220LL - Excavators 

HX220RB - Excavators 

HX235ALCR - Excavators 

HX260AL - Excavators 

HX300AL - Excavators 

HX300LL - Excavators 

HX300RB - Excavators 

HX350AL - Excavators 

HX35AZ - Excavators 

HX380AL - Excavators 

HX380ALMH - Excavators 

HX40A - Excavators 

HX480AL - Excavators 

HX48AZ - Excavators 

HX520AL - Excavators 

HX85A - Excavators 

R17Z-9A - Excavators 

R25Z-9AK - Excavators 

R30Z-9AK - Excavators 

R55-9A - Excavators 

R55W-9A - Excavators 

R60CR-9A - Excavators 

R80CR-9A - Excavators 

2. All other contract terms and conditions remain unchanged.

27 Wheel Loaders HL955A

28 Wheel Loaders HL955AHD

29 Wheel Loaders HL960A

30 Wheel Loaders HL960AHD

31 Wheel Loaders HL965

32 Wheel Loaders HL970A

33 Wheel Loaders HL975

34 Wheel Loaders HL980A

35 Road Roller HR110C

36 Road Roller HR120C

37 Road Roller HR140C

38 Road Roller HR70C

39 Skid Loaders HS120V

40 Compact Track Loader HT100V

41 Excavators HW140

42 Excavators HW160A

43 Excavators HW170ACR

44 Excavators HW210A

45 Excavators HW250AMH

46 Excavators HX130ALCR

47 Excavators HX130ALCRD

48 Excavators HX145ALCR

49 Excavators HX160AL

50 Excavators HX180AL

51 Excavators HX210AL

52 Excavators HX220AL

53 Excavators HX220LL

54 Excavators HX220RB

55 Excavators HX235ALCR

56 Excavators HX260AL

57 Excavators HX300AL

58 Excavators HX300LL

59 Excavators HX300RB

60 Excavators HX350AL

61 Excavators HX35AZ

62 Excavators HX380AL

63 Excavators HX380ALMH

64 Excavators HX40A

65 Excavators HX480AL

PAGE 4 OF 5 PAGES


SPE8EC-21-D-0079 2 

ADVANCED MATERIAL HANDLING, LLC 

 

1) CONTRACT AWARD 

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

that were approved and accepted by the Government, under Requests for Proposals (RFPs) SPE8EC-17-R0005, as amended by Amendments 0001 and 0002. It is an Indefinite Delivery/Requirements Contract under 

which the Contractor shall function as a supplier for various construction equipment. 

 

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

conditions of RFPs SPE8EC-17-R-0005, as amended, and the following terms and conditions negotiated 

prior to award that were acceptable to both the Contractor and the Government. 

c. Discount Terms of are acceptable and are incorporated into this contract. 

d. Advanced Material Handling, LLC’s Commercial Warranty was determined to be acceptable and is 

incorporated into the resultant contract. 

e. Advanced Material Handling, LLC provided a letter from the Original Equipment Manufacturer (OEM), 

Manitou Americas, Inc., which confirmed that Advanced Material Handling, is the OEM’s Sole 

Representative for award resulting from the subject solicitation. The letter contained the specific language as 

set forth in the solicitation and is incorporated into the resultant contract. 

f. On October 1, 2020 Advanced Material Handling, LLC provided electronic copies of the commercial 

catalogue/brochures for each item offered in their proposal which are hereby incorporated into the 

contract. 

g. PLACE OF PERFORMANCE – GOVERNMENT INSPECTION, ACCEPTANCE AND SHIPPING POINT 

was completed by Advanced Material Handling and returned to DLA Troop Support on October 1, 2020 and 

is hereby incorporated into the contract. 

h. Email dated February 26, 2021 from Advanced Material Handling, LLC regarding FAR 52.204-24 

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 

2020) paragraph (d)(1) and (d)(2) in which they represented they “will not provide” and “does not use” 

covered telecommunications equipment or services is hereby incorporated into the contract by reference. 

i. The product base list unit prices set forth in the contractor’s proposal dated May 21, 2020, are applicable 

to the items specified in this contract and are shown on page 13 of this contract. 

The proposed product base list unit prices are from Advanced Material Handling, LLC’s Commercial 

Price List. 

The negotiated discounts on page 13 of 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 delivery order 

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

discounts. 

i. CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (OCT 2015)

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 
SPE8EC-21-D-0079 3 

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.

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

reference on page 7 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 ($390,343,554.00) 

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

Construction Equipment contracts to be awarded under SPE8EC-17-R-0005, not this contract alone. The 

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

is $663,584,042.00. 

 

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 in excess of $25,000,000.00 

 

 (2) Any order for a combination of items in excess of $25,000,000.00; 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 May 21, 2020 are applicable 

to the items specified in this contract and are shown on page 13 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: 




SPE8EC-21-D-0079 8 

 _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. (Jun 2020) (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 (Mar 2020) 

(15 U.S.C. 657a). 

 __ (ii) Alternate I (Mar 2020) of 52.219-3. 

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

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

 __ (ii) Alternate I (Mar 2020) of 52.219-4. 

 __ (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. 

 _x_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). 

 _x_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)). 

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

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

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

 __ (v) Alternate IV (Jun 2020) 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 (Mar 2020) (15 U.S.C. 637(a)(14)). 

 _x_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 

 __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) 

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

 _x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) 

(15 U.S.C. 632(a)(2)). 
SPE8EC-21-D-0079 9 

 __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged WomenOwned Small Business Concerns (Mar 2020) (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 (Mar2020) (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 (Mar 2020) (15U.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 (Jan 2020) 

(E.O.13126). 

 _x_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

 _x_ (30) (i) 52.222-26, Equal Opportunity (Sep 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 (Jul 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 (Jul 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 (Oct 2020) (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 (Oct 2015). (Executive Order 12989). (Not 

applicable to the 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-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.) 

 __ (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). 
SPE8EC-21-D-0079 10 

 __ (ii) Alternate I (Jun2014) 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 (Jun2016) (E.O. 13693). 

 __ (47) 

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

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

 __ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83). 

 __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) 

(41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3. 

 __ (iii) Alternate II (Jan 2021) of 52.225-3. 

 __ (iv) Alternate III (Jan 2021) of 52.225-3. 

 __ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

 _x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 

2302Note). 

 __ (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 (Nov2007) 

(42 U.S.C. 5150). 

 __ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). 

 __ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) 

(41 U.S.C. 4505, 10 U.S.C. 2307(f)). 

 __ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 

10 U.S.C. 2307(f)). 

 __ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) 

(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). 
SPE8EC-21-D-0079 11 

 __ (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 (Feb 2006) 

(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 (Feb 2006) 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. chapter67). 

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

41 U.S.C. chapter 67). 

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

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

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

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

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

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). 

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

for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). 

 __ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). 

 __ (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). 

 (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. 
SPE8EC-21-D-0079 12 

 (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 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 (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91). 

 (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance 

Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). 

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 (Aug2018) (41 U.S.C. chapter 67). 

 (xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 

13627). 

 (B) Alternate I (Mar2015) 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 (May2014) 

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

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

for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67). 

 (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). 

 (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). 

 (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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). 
SPE8EC-21-D-0079 13 

(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 (Feb 2006) 

(46 U.S.C. Appx. 1241(b) 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.