'FC



SPADARO.ROBERT.F.JR.1291915040

Digitally signed by 

SPADARO.ROBERT.F.JR.1291915040 

Date: 2021.02.12 16:57:32 -05'00'
SPE8EC-21-D-0077 2 

SKYMARK REFUELERS, 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 Requests for Proposals (RFPs) SPE8EC-17-R0008, as amended by Amendments 0001, 0002 and 0003. It is an Indefinite Delivery/Requirements Contract 

under which the Contractor shall function as a supplier for aircraft and ground support refueling vehicles. 

 

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

conditions of RFPs SPE8EC-17-R-0008, 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 as agreed upon during negotiations, is applicable to this contract. 

 

d. The product base list unit prices set forth in the contractor’s proposal dated August 5, 2020, are applicable 

to the items specified in this contract and are shown on page 13 of this contract. 

The proposed product base list unit prices are from Skymark Refuelers, LLC’s Commercial Price List. 

The negotiated discounts on page 13 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. CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (OCT 2015)

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.

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 ($82,340,643.00) 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-17-R-0008, not this contract alone. The maximum dollar 

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

$139,979,093.00. 

 
SPE8EC-21-D-0077 3 

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 $25,000,000.00 

 

 (2) Any order for a combination of items in excess of $25,000,000.00; 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 proposal dated August 5, 2020 are applicable 

to the items specified in this contract and are shown on page 13 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 is as follows: 

 

 

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

Contract Management Agency (DCMA) Chicago, IL (S1403A). 

 
SPE8EC-21-D-0077 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 (DEC 2013)

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 2016) 

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 (DEC 2017) 

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 (FEB 2014) 

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 (JUN 2013) 

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) 

 

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 252.227-7037, 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) 
SPE8EC-21-D-0077 5 

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 13 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: will be indicated on each Delivery Order

[ 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 

 

 

 

 

 

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

following location: 

 [ X ] ( (3) At destination 

 (d) Place of Acceptance: will be indicated on each Delivery Order

[ X ] ( (1) At the plant shown and by the Government Inspection Office shown in c(1) above. 
SPE8EC-21-D-0077 6 

[ ] ( (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 above Place of Performance, Inspection, and Acceptance must be approved in 

writing by the Contracting Officer. 

 

 

 

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2020) 

 (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). 
SPE8EC-21-D-0077 7 

 (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.] 

 _x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate 

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 

 _x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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. (Jun 2020) (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. 

 _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 (Jun 2020) (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. 
SPE8EC-21-D-0077 8 

 __ (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)). 

 _x_ (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). 

 _x_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) 

(15 U.S.C. 632(a)(2)). 

 __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged WomenOwned Small Business 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 (Mar2020) (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) (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 (Jan2020) (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 (Oct 2020) (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 (Oct 2015). (Executive Order 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.) 
SPE8EC-21-D-0077 9 

 __ (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 (May 2014) (41 U.S.C. chapter 83). 

 __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) 

(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 (May 2014) of 52.225-3. 

 __ (iii) Alternate II (May 2014) of 52.225-3. 

 __ (iv) Alternate III (May 2014) 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 (Jun 2008) (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). 
SPE8EC-21-D-0077 10 

 __ (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 (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 (Jan2017) (41 U.S.C. 4505, 

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

 __ (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 (Feb 2006) 

(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. 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. 
SPE8EC-21-D-0077 11 

 (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 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 (Jul 2018) (Section 1634 of Pub. L. 115-91). 

 (iv) 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). 

(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 (Aug2018) (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 (Mar2015) 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). 
SPE8EC-21-D-0077 12 

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

for Certain Services-Requirements (May2014) (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. 
Item 

# Description of Item Make/Model Number of Item

1 10,000 gallon aircraft refueler, 800 gpm 10K-800-J-MIL2 7,000 gallon aircraft refueler, 300 gpm 7K-300-J-MIL3 7,000 gallon aircraft refueler, 600 gpm 7K-600-J-MIL4 6,000 gallon aircraft refueler, 300 gpm 6K-300-J-MIL5 6,000 gallon aircraft refueler, 600 gpm 6K-600-J-MIL6 5,000 gallon aircraft refueler, 300 gpm 5K-300-J-MIL7 5,000 gallon aircraft refueler, 600 gpm 5K-600-J-MIL8 3,000 gallon aircraft refueler, 300 gpm 3K-300-J-MIL9 3,000 gallon ground support equipment refueler, dual compartment tank, 25 gpm 3K-25-Dual-MIL

10 1,200 gallon ground support equipment refueler, single compartment tank, 25 gpm 1.2K-25-GSE-MIL11 3600 gallon vacuum tank truck GSA 3600 VAC

Skymark Refuelers, LLC (SPE8EC-21-D-0077) - Trucks and Trai