SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE 

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE 

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect

calls)

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

 OFFEROR

CODE

FACILITY 

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 

 OFFER 

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 

 BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19. 

ITEM NO.

20. 

SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

22. 

UNIT

23. 

UNIT PRICE

24. 

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY 

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION 

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A 

 RATED ORDER UNDER 

 DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA- 

 TION UNLESS BLOCK IS

 MARKED 

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS 

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED 

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

SMALL BUSINESS

1000054443 1 of 11

SPE8EC-22-D-0007 SPE8EC-17-R-0010

Robert F. Spadaro, Jr. (215)737-8253

SPE8EC

To Be Shown on Each Order

To Be Shown On Each Order

S2101A

DCMA Baltimore 

217 East Redwood Street, Suite 1800 

Baltimore, MD 21202-3375

1Q3Z9

Federal Resources Supply Company 

235G Log Canoe Circle 

Stevensville, MD 21666

DFAS (SL4701) 

BSM 

P.O. Box 182317 

Columbus, OH 43218-2317

See Attachment 1

To Be Shown On Each Order 

1 Federal Resource

PortablePower

Robert F. Spadaro, Jr.

335999

500

(410) 643-7810

11/25/2019

05/31/2017

07/02/2021

DLA Troop Support 

Construction & Equipment (Supply Chain) 

700 Robbins Avenue 

Philadelphia, PA 19111-5096 

Robert.Spadaro@dla.mil 

SL4701

$69,513,262.00 HVWLPDWHG

NAME AND TITLE OF SIGNER (Type or pri

SIGNATURE OF OFFEROR/CONTRACTO

Randall Sweeney, VP Contracting 25 Apr. 2022 8$SU

8

SPADARO.ROBERT.F.JR.129191504

0

Digitally signed by 

SPADARO.ROBERT.F.JR.1291915040 

Date: 2022.04.27 13:31:08 -04'00'
SPE8EC-22-D-0007 2 

FEDERAL RESOURCES SUPPLY COMPANY 

 

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-R0010, as amended by Amendment 0001. It is an Indefinite Delivery/Requirements Contract under which the 

Contractor shall function as a supplier for commercial type Portable Power Equipment. 

 

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

conditions of Request for Proposal, SPE8EC-17-R-0010, 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. 

e. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services 

or Equipment (OCT 2020), which was completed by Federal Resources Supply Company and returned to 

DLA Troop Support on January 5, 2022 is hereby incorporated into the contract. 

f. The product base list unit prices set forth in the contractor’s revised proposal dated January 25, 2022 and 

the final proposal discounts dated March 3, 2022 are applicable to the items specified in this contract and 

are shown on Attachment 1 of this contract. 

g. The product base list unit prices are from the manufacturer, Solar Stik, Inc.’s Commercial 

Price List are applicable to the items specified in this contract and are shown on page 11 of this contract. 

h. The negotiated discounts on page 11 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. Volume Discounts: Federal Resources Supply Company is offering an additional 

j. 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-0007 3 

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 ($69,513,262.00) is 

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

Portable Power Equipment contracts to be awarded under SPE8EC-17-R-0010, not this contract alone. The 

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

is $118,172,545.00. 

 

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 $50,000,000.00. 

 

 (2) Any order for a combination of items in excess of $50,000,000.00; 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 revised proposal dated January 25, 2022 and 

the final proposal discounts dated March 3, 2022 are applicable to the items specified in this contract and 

are shown on page 11 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 

as follows: 
SPE8EC-22-D-0007 4 

 

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

Contract Management Agency (DCMA) Baltimore (S2101A), Baltimore, MD 21202.

ADDENDUM TO FAR 52.212-4 

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

full text:

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

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

FAR 52.222-50 Combatting Trafficking in Persons (Oct 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) (10 U. S. C. 2207). 

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

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

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

2011) DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 

2013) 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 

2016) DFARS 252.211-7006, Passive Radio Frequency Identification 

(DEC 2019) DFARS 252.223-7008, Prohibition of Hexavalent 

Chromium (JUN 2013) 

DFARS 252.225-7012, Preference for Certain Domestic Commodities (DEC 2019) 

DFARS 252.225-7021, Trade Agreements (SEP 2019) 

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 252.227-7015, Technical Data -- Commercial Items (JAN 2020) 

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016) 

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 252.247-7023, Transportation of Supplies by 

Sea (FEB 2019) 

DFARS 252.247-7028, Application for U.S. Government Shipping Documentation/Instructions (JUN 2012) 
SPE8EC-22-D-0007 5 

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

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

the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial 

components, awarded at any tier under this contract: 

DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (JAN 2020) 

DFARS 252.227-7015, Technical Data – Commercial Items (JAN 2020) 

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016) 

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) 

DFARS 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) 

TIME OF DELIVERY – F.O.B. POINT 

 

(a) Time of Delivery 

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

number of days specified on page 11 of this contract for the applicable line item after the date of order, 

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

 (b) F.O.B. Point 

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

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

for all resulting contract delivery orders. 

 

PLACE OF PERFORMANCE GOVERNMENT INSPECTION ACCEPTANCE AND SHIPPING POINT 

 (a) Place of Performance: 

 

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

 

ITEM NO. PLANT NAME AND ADDRESS 

 

 

 

 

 

[ ] (2) Items will be furnished from stock. Manufacturer (not dealer) is as follows: 

 (b) Place of Packaging, Packing and Marking: 

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

 

 [ ] (2) As shown below: 

 

 (c) Place of Government Inspection: 

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

ITEM NO. PLANT NAME AND 

ADDRESS 

 GOVERNMENT 

 INSPECTION OFFICE 

 

 

 

 
SPE8EC-22-D-0007 6 

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

 location: 

ITEM NO. PLANT NAME AND ADDRESS GOVERNMENT INSPECTION OFFICE 

 

 [ ] (3) At destination 

 (d) Place of Acceptance: 

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

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

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

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

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

shipping points were used in the evaluation of contractor's F.O.B. Origin offer. If the contractor ships from a 

place other than as identified herein, any increase in transportation costs shall be borne by the contractor 

and any savings shall revert to the Government. 

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

 [ ] (2) As shown below: 

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

by the Contracting Officer. 

The Place of Performance, Government Inspection and Acceptance for Items (ALL) will be determined upon 

the issuance of each delivery order. 

 

Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JAN 

2022) 

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) 

clauses, which are incorporated in this contract by reference, to implement provisions of law or 

Executive orders applicable to acquisitions of commercial items: 

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or 

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further 

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent 

appropriations acts (and as extended in continuing resolutions)). 

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services 

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 

1634 of Pub. L. 115-91). 

(3) 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). 

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 

2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 

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

and 108- 78 (19 U.S.C. 3805 note)). 

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

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

or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as 

appropriate.] 
SPE8EC-22-D-0007 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 IndefiniteDelivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). 

_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors 

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note). 

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

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

 (10) [Reserved] 

 (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (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. 

 (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 (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)). 

 (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). 

 (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 

632(a)(2)). 

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

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

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (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 (MAR 2020) (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) (15 U.S.C. 637(a)(17)). 

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

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

13126). 

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

_X_ (30)(i) 52.222-26, Equal Opportunity (SEPT 2015) (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). 
SPE8EC-22-D-0007 8 

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

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

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

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

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

(DEC 2010) (E.O. 13496). 

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

13627). 

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

_X_ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 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). 

(ii) Alternate I (Jun 2014) of 52.223-14. 

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

 (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 

2015) (E.O.s 13423 and 13514). 

 (ii) Alternate I (Jun 2014) of 52.223-16. 

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

(JUN 2020) (E.O. 13513). 

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

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

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

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

 (48) 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. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 

note, Pub. L. 

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

112- 

43. 

 (ii) Alternate I (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. 2302 Note). 

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

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

2007) (42 U.S.C. 5150). 

 (55) 52.229-12, Tax on Certain Foreign Procurements (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 (JAN 2017) (41 U.S.C. 4505, 10 

U.S.C. 2307(f)). 
SPE8EC-22-D-0007 9 

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

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

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

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

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

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

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

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

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). 

 (ii) Alternate I (Apr 2003) of 52.247-64. 

 (iii) Alternate II (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. chapter 67). 

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

41 

U.S.C. chapter 67). (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor StandardsPrice Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 

67). 

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

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

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

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) 

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

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

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

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

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

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

1792). 

(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) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the 

extent of the flow down shall be as required by the clause— 

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (NOV 2021) (Section 
SPE8EC-22-D-0007 10 

1634 of Pub. L. 115-91). 

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

Surveillance Services or Equipment. (NOV 202152.209-6) (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 2016) (E.O. 11246). 

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

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

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

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

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. 

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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 (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). 

(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. 
Description of Proposed Item

Make/ Model 

Number of 

Proposed item

Desert Tan 24VDC Solar Stik 400 19-0102017

24VDC Wind Stik 160 19-0302205

24VDC PRO-Verter 3000-120 ABA2 20-0102001

24VDC PRO-Verter 5000-120 ABA2 20-0102002

24VDC PRO-VERTER 5000-240 BEE1 20-0104014

24VDC PRO-Verter 7000-120 BCE2 20-0104016

24VDC PRO-VERTER 7000-120 GCE2 20-0104019

24VDC POWER HUB 2400 20-0302204

24VDC Power Pak 1000 21-0102201

24VDC Expander Pak 1000 21-0102202

24VDC Li EXPANDER PAK 2400 21-0202303

BMS Reader and Recovery Kit 20-0001006

Li 2400 Battery Service Kit 21-0001006

FEDERAL RESOURCES SUPPLY COMPANY (Mfr: Solar Stik) SPE8EC-22-D-0007

11