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SPE8EC-22-D-0011 / P00001

Contract SPE8EC-22-D-0011 is hereby modified as follows: 

1. Grove Commercial Price List with the Model Pricing and Discounts (Base List Price Only) of the

Schedule of Items (SOI) in Contract SPE8EC-22-D-0011 is hereby replaced by pages 3 - 4 of the subject modification to

reflect the price increases of 12 models and price decreases in 6 models as identified in the Commercial Price List.

2. The following two Models are updated to reflect nomenclature changes only:

• GRT8100-1 – Repower with new Stage V engine and new designs for carrier and cabin

• GRT8120 – Repower with new Stage V engine

3. The manufacturing location for Models GRT655 & GRT655 is updated from Shady Grove to:

4. The following three Models are deleted from contract:

• TMS750E

• TMS760E

• TMS800E

5. All other terms and conditions remain unchanged.
Item 

Number Description of Item Model Number

1 Industrial Crane GCD09

2 Industrial Crane SCD09

3 Industrial Crane GCD154 Industrial Crane SCD155 Industrial Crane GCD206 Industrial Crane SCD207 Industrial Crane GCD258 Industrial Crane SCD259 Rough Terrain Crane RT530E-2

10 Rough Terrain Crane RT540E11 Rough Terrain Crane GRT65512 Rough Terrain Crane GRT655L13 Rough Terrain Crane RT765E-214 Rough Terrain Crane RT770E15 Rough Terrain Crane GRT88016 Rough Terrain Crane GRT810017 Rough Terrain Crane GRT812018 Rough Terrain Crane RT9130E-219 Rough Terrain Crane GRT916520 Truck Mounted Crane TMS500-2

21 Truck Mounted Crane TMS9000-2

22 All Terrain Crane GMK3050-3

23 All Terrain Crane GMK3060-2

24 All Terrain Crane GMK3060L-125 All Terrain Crane GMK4080-326 All Terrain Crane GMK4090-1

27 All Terrain Crane GMK4100L-228 All Terrain Crane GMK5120L

29 All Terrain Crane GMK5150-130 All Terrain Crane GMK5150L-1

31 All Terrain Crane GMK5150XL

32 All Terrain Crane GMK4060HC33 All Terrain Crane GMK5180-1

34 All Terrain Crane GMK5200-135 All Terrain Crane GMK5250L-136 All Terrain Crane GMK5250XL-1

37 All Terrain Crane GMK6300L-138 All Terrain Crane GMK6400-139 All Terrain Crane GMK7550

40 Boom Truck Crane 400B

41 Boom Truck Crane 500E2

42 Boom Truck Crane 600E2

43 Boom Truck Crane 600H44 Boom Truck Crane 600H TM45 Boom Truck Crane 800D46 Boom Truck Crane 800DU

SPE8EC-22-D-0011-P00001 (Grove)
Item 

Number Description of Item Model Number

47 Boom Truck Crane 900A48 Boom Truck Crane NBT30H-2

49 Boom Truck Crane 1400H

50 Boom Truck Crane 1300A

51 Boom Truck Crane 1400A

52 Boom Truck Crane NBT40-2

53 Boom Truck Crane NBT45-2

54 Boom Truck Crane NBT45TM

55 Boom Truck Crane NBT5056 Boom Truck Crane NBT5557 Boom Truck Crane NBT50L58 Boom Truck Crane NBT55L

59 Boom Truck Crane NTC5560 Boom Truck Crane NBT60

61 Boom Truck Crane NBT60L62 Boom Truck Crane NBT60XL

63 Lattice Boom Crane 999

64 Lattice Boom Crane 14000

65 Lattice Boom Crane MLC80A-1

66 Lattice Boom Crane MLC90A-1

67 Lattice Boom Crane MLC100A-168 Lattice Boom Crane MLC150-1

69 Lattice Boom Crane MLC165-1

70 Lattice Boom Crane MLC300

71 Lattice Boom Crane MLC300 VPC72 Lattice Boom Crane MLC65073 Crawler Hydraulic Crane GHC30

74 Crawler Hydraulic Crane GHC5075 Crawler Hydraulic Crane GHC5576 Crawler Hydraulic Crane GHC7577 Crawler Hydraulic Crane GHC11078 Crawler Hydraulic Crane GHC13079 Crawler Hydraulic Crane GHC140

SPE8EC-22-D-0011 2 

GROVE U.S. 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 Request for Proposal (RFP) SPE8EC-21-R0003. It is an Indefinite Delivery/Requirements Contract under which the Contractor shall function as a 

supplier for Commercial-Type Cranes. 

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

conditions of RFP SPE8EC-21-R-0003, and the following terms and conditions negotiated prior to award 

that were acceptable to both the Contractor and the Government. 

c. Grove’s Commercial Subcontracting Plan submitted on February 25, 2022 is hereby accepted and 

incorporated into the contract. 

d. The product base list unit prices set forth in the contractor’s proposal dated November 17, 2021, and 

the final proposal discounts dated July 7, 2022, are applicable to the items specified in this contract and 

are shown on pages 13 thru 14 of this contract. 

The proposed product base list unit prices are from Grove U.S. LLC’s Commercial Price List. 

The negotiated discounts on pages 13 thru 14 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. 

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. 

SPE8EC-22-D-0011 4 

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

Cumberland (S4201A). 

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 (JUNE 2020) 

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 (DEC 2018) 

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) 

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 (NOV 2011) 

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 (MAY 2016) 

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

DFARS 252.211-7003, Item Unique Identification and Valuation (MAR 2022) 

DFARS 252.211-7006, Passive Radio Frequency Identification (DEC 2019) 

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

DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013) 

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

DFARS 252.225-7021, Trade Agreements (MAR 2022) 

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 (APR 2019) 

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (APR 2022) 

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 2012) 

DFARS 252.244-7000, Subcontracts for Commercial Items (JAN 2021) 

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 (FEB 2014) 

DFARS 252.227-7015, Technical Data – Commercial Items (FEB 2014) 

DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) 

DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013) 

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

2013) 

DFARS 252.247-7023, Transportation of Supplies by Sea (FEB 2019)


SPE8EC-22-D-0011 7 

_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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a). 

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 

(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 2018) (15 U.S.C. 637(d)(2) and (3)). 

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 (Sep 2021) (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 (Sep 2021) (15 

U.S.C. 657f). 

_X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2021) (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 WomenOwned Small Business Concerns (Sep 2021) (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 (Sep 2021) (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 (Jan 2022) (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 (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 ) 
SPE8EC-22-D-0011 8 

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

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

2302Note). 

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (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. 2307(f)). 

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 

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

_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). 

_X_ (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). 
SPE8EC-22-D-0011 9 

__ (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. 

(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 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). 
SPE8EC-22-D-0011 10 

(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 (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 (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 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). 

(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. 

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. 

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

Services or Equipment (AUG 2020) 

(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-22-D-0011 11 

(1) Defense articles or defense services included on the United States Munitions List set forth in the 

International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal 

Regulations; 

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the 

Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal 

Regulations, and controlled— 

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and 

biological weapons proliferation, nuclear nonproliferation, or missile technology; or 

(ii) For reasons relating to regional stability or surreptitious listening; 

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, 

and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign 

atomic energy activities); 

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal 

Regulations (relating to export and import of nuclear equipment and material); 

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of 

title 9 of such Code, or part 73 of title 42 of such Code; or 

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control 

Reform Act of 2018 (50 U.S.C. 4817). 

Interconnection arrangements means arrangements governing the physical connection of two or more 

networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., 

connection of a customer of telephone provider A to a customer of telephone company B) or sharing data 

and other information resources. 

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession 

about the identity of the producer or provider of covered telecommunications equipment or services used by 

the entity that excludes the need to include an internal or third-party audit. 

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

network when unable to connect to the facilities of the home network either because signal coverage is too 

weak or because traffic is too high. 

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

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

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

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

from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, 

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

essential component of any system, or as critical technology as part of any system. The Contractor is 

prohibited from providing to the Government any equipment, system, or service that uses covered 

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

critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the 

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

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

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering 

into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or 

service that uses covered telecommunications equipment or services as a substantial or essential 

component of any system, or as critical technology as part of any system, unless an exception at paragraph 

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver 

described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or 

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

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

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

interconnection arrangements; or 

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

any user data or packets that such equipment transmits or otherwise handles. 
SPE8EC-22-D-0011 12 

(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 items.