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SPE8EC-23-D-0009 / P00004

Contract SPE8EC-23-D-0009 is hereby modified as follows: 

1. The following models are added to the contract's Schedule of Items: 

• Volvo Truck - FMX 6x4 

• ProFlo - 5000 Gallon Refueler Trailer 

2. The manufacturing locations are updated for the following models: 

• ProFlo: 

ProFlo Latam ZF S.A.S Estimate

Km 8 via Barranquilla – Tubara

Bodega 4, manzana K

Free Trade Zone La Cayena

Barranquilla, Colombia 

• Volvo FMX and FH: 

Volvo Trucks Tuve Plant

Stenebyvägen 10 

417 45 Götenborg, Sweden 

• Renault D Range: 

Renault Trucks, Blainville Plant 

847, Avenue des Canadiens 

14460 Colombelles, France 

3. All other terms and conditions remain unchanged. 


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SPE8EC-23-D-0009 / P00003

Contract SPE8EC-23-D-0009 is hereby modified as follows: 

1. The following model is added to the contract's Schedule of Items:

• D Range (Renault)

2. All other terms and conditions remain unchanged.
SPE8EC-23-D-0009-P00003

Trucks and Trailers

Mack Defense LLC

Item 

#

Description of 

Item Model Number

1 Mack Truck Granite

2 Mack Truck Anthem3 Mack Truck TerraPro4 Mack Truck MD65 Mack Truck MD76 Volvo Truck FH 4x2

7 Volvo Truck VNL

8 Volvo Truck VHD

9 Volvo Truck VNR

10 Renault Truck D Range

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SPE8EC-23-D-0009 / P00001

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

follows:

1. The addition of Volvo Truck, model FH 4x2, is added to the contract's Schedule of Items. 

2. All other terms and conditions remain unchanged. 
SPE8EC-23-D-0ϬϬεͲWϬϬϬϬϭ Mack Defense LLC 

Item 

#

Description of 

Item Model Number

1 Mack Truck Granite

2 Mack Truck Anthem3 Mack Truck TerraPro4 Mack Truck MD65 Mack Truck MD7

Volvo Truck FH 4x2

 Volvo Truck VNL

 Volvo Truck VHD

 Volvo Truck VNR




SPE8EC-23-D-0009 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 ($248,000,000.00) 

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

Trucks & Trailers contracts to be awarded under SPE8EC-21-R-0007, not this contract alone. The maximum 

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

$421,813,877.00. 

 

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 exceeding $10,000,000.00 

 

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

 

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

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

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

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

 

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

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

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

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

supplies or services from another source. 

4) CONTRACT UNIT PRICE 

(a)The product base list unit price set forth in the contractor’s proposal with an effective date of May 31, 

2022 and confirmed on March 14, 2023 are applicable to the items specified in this contract and are shown 

on page 11 of this contract. 

(b) Additions to the above items. The unit price(s) and initial delivery schedule for any item(s) added to the 

initial item shall be established based on negotiations between the Government and the Contractor. The unit 

price(s) must be determined fair and reasonable by the Contracting Officer prior to addition to the contract. 

 5) PAYMENT 

a. Terms: Payment terms are 

 

b. Prompt Payment Procedures apply. 

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

 Mack Defense, LLC 

 2402 Lehigh Parkway S 

 Allentown, PA 18103 

 

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

Contract Management Agency (DCMA) New Cumberland, PA (S4201A). 
SPE8EC-23-D-0009 4 

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 (MAR 2023)

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

DFARS 252.225-7048, Export Controlled Items (JUN 2013) 

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

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

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

FAR 52.203-3, Gratuities (APR 1984) 

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 (DEC 1991) 

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 2012) 

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

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

 

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

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

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

at any tier under this contract: 

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

DFARS 252.227-7015, Technical Data – Commercial Items (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-23-D-0009 7 

(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 products and commercial services: 

[Contracting Officer check as appropriate.] 

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 

2021) (41 U.S.C. 4704 and 10 U.S.C. 2402). 

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)). 

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 

(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and 

Reinvestment Act of 2009.) 

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

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

__ (5) [Reserved]. 

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. 

C). 

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) 

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

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

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

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 

U.S.C. 2313). 

__ (10) [Reserved]. 

__ (11) 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)). 

_X_ (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. 

_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 (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 (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 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). 
SPE8EC-23-D-0009 8 

_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) 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. 

_X_ (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). 

__ (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). 
SPE8EC-23-D-0009 9 

__ (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). 

__ (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). 
SPE8EC-23-D-0009 10

(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). 

(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) 52.232-40, 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.