SPE8EC-24-D-0025 3 

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.

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

by reference on page 8 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) 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. 

 

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. 

SPE8EC-24-D-0025 5 

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 252.203-7003, 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 (JAN 2023) 

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 (JUN 2003) 

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

DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (DEC 2019) 

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 252.227-7037, 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 Products or Commercial Services (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 – Other than Commercial Products and 

Commercial Services (MAR 2023) 

DFARS 252.227-7015, Technical Data – Commercial Products and Commercial Services (MAR 

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) 

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 



SPE8EC-24-D-0025 9 

__ (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) 

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

__ (12) 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). 

__ (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 2022) 

( 15 U.S.C. 637(d)(2) and (3)). 

_X (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. 

_X (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. 637s). 

_X (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). 

_X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 

2023)( 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 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) ( 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 (DEC 

2022) (E.O.13126). 
SPE8EC-24-D-0025 10 

_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 (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) (Executive Order 

12989). (Not applicable to the acquisition of commercially available off-the-shelf items 

or certain other types of commercial products or commercial services as prescribed in 

FAR 22.1803.) 

__ (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). 

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

__ (ii) Alternate I (OCT 2022) of 52.225-1. 

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

2022) ( 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]. 
SPE8EC-24-D-0025 11 

__ (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). 

_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. Subtitle A, Part V, Subpart G Note). 

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) 

( 42 U.S.C. 5150). 

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

(Nov2007) ( 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) ( 41 U.S.C. 4505, 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 (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). 

__ (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. 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. 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). 
SPE8EC-24-D-0025 12 

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 

2022). 

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). 

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) 

( 42 U.S.C. 1792). 

(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) 52.203-19, 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). 
SPE8EC-24-D-0025 13 

(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). 

(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. Subtitle A, Part V, Subpart G 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) 52.232-40, 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. 

(xxiii) 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. 

DFARS 252.246-7008 Sources of Electronic Parts (Jan 2023) 

(a) Definitions. As used in this clause— 

“Authorized aftermarket manufacturer” means an organization that fabricates a part under a 

contract with, or with the express written authority of, the original component manufacturer based 

on the original component manufacturer’s designs, formulas, and/or specifications. 

“Authorized supplier” means a supplier, distributor, or an aftermarket manufacturer with a 

contractual arrangement with, or the express written authority of, the original manufacturer or 

current design activity to buy, stock, repackage, sell, or distribute the part. 

“Contract manufacturer” means a company that produces goods under contract for another 

company under the label or brand name of that company. 
SPE8EC-24-D-0025 14 

“Contractor-approved supplier” means a supplier that does not have a contractual agreement with 

the original component manufacturer for a transaction, but has been identified as trustworthy by a 

contractor or subcontractor. 

“Electronic part” means an integrated circuit, a discrete electronic component (including, but not 

limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly (section 818(f)(2) of 

Pub. L. 112-81). 

"Original component manufacturer" means an organization that designs and/or engineers a part 

and is entitled to any intellectual property rights to that part. 

“Original equipment manufacturer” means a company that manufactures products that it has 

designed from purchased components and sells those products under the company's brand name. 

“Original manufacturer” means the original component manufacturer, the original equipment 

manufacturer, or the contract manufacturer. 

(b) Selecting suppliers. In accordance with section 818(c)(3) of the National Defense 

Authorization Act for Fiscal Year 2012 (Pub. L. 112-81), as amended by section 817 of the 

National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291) and section 885 of 

the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), the Contractor 

shall— 

(1) First obtain electronic parts that are in production by the original manufacturer or an 

authorized aftermarket manufacturer or currently available in stock from— 

(i) The original manufacturers of the parts; 

(ii) Their authorized suppliers; or 

(iii) Suppliers that obtain such parts exclusively from the original manufacturers of the parts or 

their authorized suppliers; 

(2) If electronic parts are not available as provided in paragraph (b)(1) of this clause, obtain 

electronic parts that are not in production by the original manufacturer or an authorized 

aftermarket manufacturer, and that are not currently available in stock from a source listed in 

paragraph (b)(1) of this clause, from suppliers identified by the Contractor as contractor-approved 

suppliers, provided that— 

(i) For identifying and approving such contractor-approved suppliers, the Contractor uses 

established counterfeit prevention industry standards and processes (including inspection, testing, 

and authentication), such as the DoD-adopted standards at https://assist.dla.mil; 

(ii) The Contractor assumes responsibility for the authenticity of parts provided by such 

contractor-approved suppliers; and 

(iii) The Contractor’s selection of such contractor-approved suppliers is subject to review, audit, 

and approval by the Government, generally in conjunction with a contractor purchasing system 

review or other surveillance of purchasing practices by the contract administration office, or if the 

Government obtains credible evidence that a contractor–approved supplier has provided 

counterfeit parts. The Contractor may proceed with the acquisition of electronic parts from a 

contractor-approved supplier unless otherwise notified by DoD; or 
SPE8EC-24-D-0025 15 

(3)(i) Take the actions in paragraph (b)(3)(ii) of this clause if the Contractor— 

(A) Obtains an electronic part from— 

(1) A source other than any of the sources identified in paragraph (b)(1) or (b)(2) of this clause, 

due to nonavailability from such sources; or 

(2) A subcontractor (other than the original manufacturer) that refuses to accept flowdown of this 

clause; or 

(B) Cannot confirm that an electronic part is new or previously unused and that it has not been 

comingled in supplier new production or stock with used, refurbished, reclaimed, or returned 

parts. 

(ii) If the contractor obtains an electronic part or cannot confirm an electronic part pursuant to 

paragraph (b)(3)(i) of this clause— 

(A) Promptly notify the Contracting Officer in writing. If such notification is required for an 

electronic part to be used in a designated lot of assemblies to be acquired under a single contract, 

the Contractor may submit one notification for the lot, providing identification of the assemblies 

containing the parts (e.g., serial numbers); 

(B) Be responsible for inspection, testing, and authentication, in accordance with existing 

applicable industry standards; and 

(C) Make documentation of inspection, testing, and authentication of such electronic parts 

available to the Government upon request. 

(c) Traceability.If the Contractor is not the original manufacturer of, or authorized supplier for, an 

electronic part, the Contractor shall— 

(1) Have risk-based processes (taking into consideration the consequences of failure of an 

electronic part) that enable tracking of electronic parts from the original manufacturer to product 

acceptance by the Government, whether the electronic part is supplied as a discrete electronic part 

or is contained in an assembly; 

(2) If the Contractor cannot establish this traceability from the original manufacturer for a specific 

electronic part, be responsible for inspection, testing, and authentication, in accordance with 

existing applicable industry standards; and 

(3)(i) Maintain documentation of traceability (paragraph (c)(1) of this clause) or the inspection, 

testing, and authentication required when traceability cannot be established (paragraph (c)(2) of 

this clause) in accordance with FAR subpart 4.7; and 

(ii) Make such documentation available to the Government upon request. 

(d) Government sources. Contractors and subcontractors are still required to comply with the 

requirements of paragraphs (b) and (c) of this clause, as applicable, if— 

(1) Authorized to purchase electronic parts from the Federal Supply Schedule; 

(2) Purchasing electronic parts from suppliers accredited by the Defense Microelectronics 

Activity; or 
SPE8EC-24-D-0025 16 

(3) Requisitioning electronic parts from Government inventory/stock under the authority of 

252.251-7000 , Ordering from Government Supply Sources. 

(i) The cost of any required inspection, testing, and authentication of such parts may be charged 

as a direct cost. 

(ii) The Government is responsible for the authenticity of the requisitioned parts. If any such part 

is subsequently found to be counterfeit or suspect counterfeit, the Government will— 

(A) Promptly replace such part at no charge; and 

(B) Consider an adjustment in the contract schedule to the extent that replacement of the 

counterfeit or suspect counterfeit electronic parts caused a delay in performance. 

(e) Subcontracts.The Contractor shall include the substance of this clause, including this 

paragraph (e), in subcontracts, including subcontracts for commercial products, that are for 

electronic parts or assemblies containing electronic parts, unless the subcontractor is the original 

manufacturer. 

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video 

Surveillance Services or Equipment (NOV 2021) 

(a) Definitions. As used in this clause— 

Backhaul means intermediate links between the core network, or backbone network, and the 

small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core 

telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, 

coaxial cable, Ethernet). 

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

Covered telecommunications equipment or services means– 

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE 

Corporation (or any subsidiary or affiliate of such entities); 

(2) For the purpose of public safety, security of Government facilities, physical security 

surveillance of critical infrastructure, and other national security purposes, video surveillance and 

telecommunications equipment produced by Hytera Communications Corporation, Hangzhou 

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or 

affiliate of such entities); 

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

equipment; or 

(4) Telecommunications or video surveillance equipment or services produced or provided by an 

entity that the Secretary of Defense, in consultation with the Director of National Intelligence or 

the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or 

controlled by, or otherwise connected to, the government of a covered foreign country. 

Critical technology means– 
SPE8EC-24-D-0025 17 

(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 thirdparty audit. 

Roaming means cellular communications services (e.g., voice, video, data) received from a 

visited network when unable to connect to the facilities of the home network either because signal 

coverage is too weak or because traffic is too high. 

Substantial or essential component means any component necessary for the proper function or 

performance of a piece of equipment, system, or service. 

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization 

Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after 

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or 

obtain, any equipment, system, or service that uses covered telecommunications equipment or 

services as a substantial or essential component of any system, or as critical technology as part of 

any system. The Contractor is prohibited from providing to the Government any equipment, 

system, or service that uses covered telecommunications equipment or services as a substantial or 

essential component of any system, or as critical technology as part of any system, unless an 
SPE8EC-24-D-0025 18 

exception at paragraph (c) of this clause applies or the covered telecommunication equipment or 

services are covered by a waiver described in FAR 4.2104. 

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal 

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 

2020, from entering into a contract, or extending or renewing a contract, with an entity that uses 

any equipment, system, or service that uses covered telecommunications equipment or services as 

a substantial or essential component of any system, or as critical technology as part of any 

system, unless an exception at paragraph (c) of this clause applies or the covered 

telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This 

prohibition applies to the use of covered telecommunications equipment or services, regardless of 

whether that use is in performance of work under a Federal contract. 

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

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

interconnection arrangements; or 

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit 

visibility into any user data or packets that such equipment transmits or otherwise handles. 

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications 

equipment or services used as a substantial or essential component of any system, or as critical 

technology as part of any system, during contract performance, or the Contractor is notified of 

such by a subcontractor at any tier or by any other source, the Contractor shall report the 

information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this 

contract are established procedures for reporting the information; in the case of the Department of 

Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite 

delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery 

contract and the Contracting Officer(s) for any affected order or, in the case of the Department of 

Defense, identify both the indefinite delivery contract and any affected orders in the report 

provided at https://dibnet.dod.mil. 

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

clause 

(i) Within one business day from the date of such identification or notification: the contract 

number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if 

known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model 

number (original equipment manufacturer number, manufacturer part number, or wholesaler 

number); item description; and any readily available information about mitigation actions 

undertaken or recommended. 

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: 

any further available information about mitigation actions undertaken or recommended. In 

addition, the Contractor shall describe the efforts it undertook to prevent use or submission of 

covered telecommunications equipment or services, and any additional efforts that will be 

incorporated to prevent future use or submission of covered telecommunications equipment or 

services. 

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph 

(e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, 

including subcontracts for the acquisition of commercial products or commercial services. 
SPE8EC-24-D-0025 19 

FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 

 (a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor 

application or service developed or provided by ByteDance Limited or an entity owned by 

ByteDance Limited. 

Information technology, as defined in 40 U.S.C. 11101(6)— 

(1) Means any equipment or interconnected system or subsystem of equipment, used in 

the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, 

control, display, switching, interchange, transmission, or reception of data or information by 

the executive agency, if the equipment is used by the executive agency directly or is used by a 

contractor under a contract with the executive agency that requires the use— 

(i) Of that equipment; or 

(ii) Of that equipment to a significant extent in the performance of a service or the 

furnishing of a product; 

(2) 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; but 

(3) Does not include any equipment acquired by a Federal contractor incidental to a 

Federal contract. 

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 

(Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance 

under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 

2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the 

presence or use of a covered application on executive agency information technology, including 

certain equipment used by Federal contractors. The Contractor is prohibited from having or using 

a covered application on any information technology owned or managed by the Government, or 

on any information technology used or provided by the Contractor under this contract, including 

equipment provided by the Contractor’s employees; however, this prohibition does not apply if 

the Contracting Officer provides written notification to the Contractor that an exception has been 

granted in accordance with OMB Memorandum M-23-13. 

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this 

paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial 

products or commercial services. 
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tĞƐƚ DĂƌŬ- Schedule of Items

Sweepers Scrubbers Product Line

Item # Description of Proposed Item Make/Model Number of Proposed item

1 ROLL-OFF VACUUM SKID SKID-TANKV

2 SEMI-TRAILER (VACUUM) VACTRAILER3 VACUUM TRANSFER TRAILER VACTRANTLR4 2-AXLE VACUUM TRUCK VACTRUCK-25 3-AXLE VACUUM TRUCK VACTRUCK-37 Hydro Excavator Truck, 8 YD/570 GL Water X88 Hydro Excavator Truck, 13 YD/1,100 GL Water X139 Hydro Excavator Truck, 15 YD/1,425 GL Water X15

10 Combo Vac Truck, 6 YD/570 GL Water (Rear Reel) WMB6 / B611 Combo Vac Truck, 6 YD/870 GL Water (Rear Reel) WMB6/800 / B6/80012 Combo VA Truck, 10 YD/U50 GL Water (Rear Reel) WMB10 / B1013 Combo Vac Truck, 10 YD/1450 GL Water (Rear Reel) WMB10-1450 / B10-145014 Combo Vac Truck, 12 YD/1150 GL Water (Rear Reel) WMB12 / B1215 Combo Vac Truck, 15 YD/1650 GL Water (Rear Reel) WMB15 / B1516 Combo Vac Truck, 4 YD/600 GL Water WMDL4 / DL417 Combo Vac Truck, 10 YD/1150 GL Water WMDL10 / DL1018 Combo Vac Truck, 15 YD/1650 GL Water WMDL15 / DL1519 Sewer Jet Trailer, 74 HP Diesel Power, 18 GPM @ 4000 PSI 750 gal. Water, 400' x 1/2" Sewer Hose WM7018-SC / 7018-SC20 Sewer Jet Trailer, 74 HP Diesel Power, 30 GPM @ 3000 PSI 750 gal. Water, 400' x 3/4" Sewer Hose WM7030-SC / 7030-SC21 Sewer Jet Trailer, 74 HP Diesel Power, 40 GPM @ 2000 PSI 750 gal. Water, 400' x 3/4" Sewer Hose WM7040-SC / 7040-SC22 Sewer Jet Truck, 74 HP Diesel, 18 GPM @ 4000 PSI, 400' x 1/2" Sewer Hose WM7018-T / 7018-T23 Sewer Jet Truck, 74 HP Diesel, 30 GPM @ 3000 PSI, 400' x 3/4" Sewer Hose WM7030-T / 7030-T24 Sewer Jet Truck, 74 HP Diesel, 40 GPM @ 2000 PSI, 400' x 3/4" Hose WM7040-T / 7040-T

West Mark SPE8EC-24

Hi-Vac Corportati

West Mark