SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

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

1. REQUISITION NUMBER PAGE 1 OF

3. AWARD/EFFECTIVE 

DATE 

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect

calls)

8. OFFER DUE DATE/ 

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

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

1000 1 of 

2. CONTRACT NO.

SPE8EC-2-D-00 SPE8EC-1-R-000

Robert Spadaro Jr (215) 737-8253

SPE8EC

NET 30

To Be Shown on Each Order

To Be Shown On Each Order

S$

DCMA 'D\WRQ

$UHD $ %XLOGLQJ   9DQ 3DWWRQ 'ULYH

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DFAS (SL4701) 

BSM 

P.O. Box 182317 

Columbus, OH 43218-2317

See PageV  DQG 

To Be Shown On Each Order 

1 &URZQ (TXLSPHQW

Robert F Spadaro Jr

33



() -

29. AWARD OF CONTRACT: REF.

DATE

//20

LOCAL TIME

//201

DLA Troop Support 

Construction & Equipment (HEPP) 

700 Robbins Avenue 

Philadelphia, PA 19111-5096 

SL4701

$000,000.00 (VWLPDWHG

VHH VFKHGXOH

$// 

 

Tom Keller

Vice President - Global Accounts 11/16/2023

1RY

11/20/23

SPADARO.ROBERT.F.JR.1291915040 Digitally signed by SPADARO.ROBERT.F.JR.1291915040 

Date: 2023.11.20 15:44:11 -05'00'


SPE8EC-24-D-0024 4 

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

(S3605A). 

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 (Nov 2021) 

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) (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 (DEC 2022) 

DFARS 252.203-7003, Agency Office of the Inspector General (AUG 2019) 

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (SEP 2022) 

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (JAN 

2023) 

DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023) 

DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (JUN 2023) 

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

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 252.227-7015, Technical Data -- Commercial Items (MAR 2023) 

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JAN 2023) 

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 

DFARS 252.232-7010, Levies on Contract Payments (DEC 2006) 

DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2022) 

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

DFARS 252.247-7023, Transportation of Supplies by Sea (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 252.227-7037, Validation of Restrictive Markings on Technical Data (JAN 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) 



SPE8EC-24-D-0024 8 

 (iv) Alternate III (JUN 2020) of 52.219-9. 

 (v) Alternate IV (SEP 2023) of 52.219-9. 

 (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). 

 (ii) Alternate I (MAR 2020) of 52.219-13. 

 (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14)). 

 (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). 

 (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) 

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

 (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 

632(a)(2)). 

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

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

Women-Owned Small Business (EDWOSB) Concerns (OCT 2022) (15 U.S.C. 637(m)). 

 (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business 

Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)). 

 (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 

644(r)). 

 (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (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 (DEC 2022) (E.O. 

13126). 

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

_X_ (30)(i) 52.222-26, Equal Opportunity (SEPT 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 (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 (MAY 2022). (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-theshelf 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 (OCT 2022)) (41 U.S.C. chapter 83). 

 (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (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. 
SPE8EC-24-D-0024 9 

 (ii) Alternate I (DEC 2022) of 52.225-3. 

 (iii) Alternate II (JAN 2021) of 52.225-3. 

 (iv) Alternate III (JAN 2021) of 52.225-3. 

 (v) Alternate Iv (OCT 2022) of 52.225-3 

 (50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, 

and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 

 (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 

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 (FEB 2021). 

 (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (NOV 2021) 

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

 (57) 52.232-30, Installment Payments for Commercial Items (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 (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 (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. 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 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) (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 2022) (E.O. 13706). 

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

1792). 

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of 

this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified 

acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain 

the clause at 52.215-2, Audit and Records—Negotiation. 

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller 

General, shall have access to and right to examine any of the Contractor's directly pertinent records 

involving transactions related to this contract. 

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, 

and other evidence for examination, audit, or reproduction, until 3 years after final payment under this 

contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other 

clauses of this contract. If this contract is completely or partially terminated, the records relating to the work 

terminated shall be made available for 3 years after any resulting final termination settlement. Records 

relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or 

relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. 

(3) As used in this clause, records include books, documents, accounting procedures and practices, 

and other data, regardless of type and regardless of form. This does not require the Contractor to create or 

maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to 
SPE8EC-24-D-0024 10 

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 (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 (SEP 2023) (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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 

13627). 

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

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

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 

67). 

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

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989). 

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

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 

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. 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. 

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

Services or Equipment (NOV 2021) 

 (a) Definitions . As used in this clause— 

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

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

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

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

 Covered telecommunications equipment or services means– 
SPE8EC-24-D-0024 11 

 (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– 

 (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. 

 
SPE8EC-24-D-0024 12 

 (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. 

 (d) Reporting requirement. 

 (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial 

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

during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other 

source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer , 

unless elsewhere in this contract are established procedures for reporting the information ; in the case of the 

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

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

the Contracting Officer (s) for any affected order or, in the case of the Department of Defense, identify both the 

indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. 

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

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

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

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

(original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; 

and any readily available information about mitigation actions undertaken or recommended. 

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

further available information about mitigation actions undertaken or recommended. In addition, 

the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications 

equipment or services , and any additional efforts that will be incorporated to prevent future use or submission 

of covered telecommunications equipment or services . 

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

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

the acquisition of commercial products or commercial services.