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SPE8EC-23-D-0003 / P00003

 1. In accordance with FAR Clause 52.216-2, Economic Price Adjustment – Standard Supplies, the Schedule of Items (SOI) 

in Contract SPE8EC-23-D-0003 is hereby replaced by page 3 of this subject modification. The Schedule of Items 

identified on page 3 of this modification reflects EPA price increases for four of the five models. The resulting 

Canadian Commercial Corporation (CCC)/ J.A. Larue Schedule of Items (SOI) still lists five (5) models. 

2. All other terms and conditions remain unchanged. 
Item 

Number Description of Item Model Number

1 Single Engine Self-Propelled Snowblower T60

2 Single Engine Self-Propelled Snowblower T70

3 Single Engine Self-Propelled Snowblower T80

4 Double Engine Self-Propelled Snowblower/Front Plow T85

5 Double Engine Self-Propelled Snowblower/Front Plow/Front Broom T95

SPE8EC-23-D-0003 CCC/J.A. Larue 

Page 3 of 3

SPE8EC-23-D-0003 2 

Canadian Commercial Corp. 

1) CONTRACT AWARD 

a. This contract constitutes the Government's acceptance of the Contractor's offer, including all revisions 

that were approved and accepted by the Government, under Request for Proposal (RFP) SPE8EC-21-R0008 as amended by Amendment 0001. It is an Indefinite Delivery/Requirements Contract under which 

the Contractor shall function as a supplier for Snow Removal Equipment. 

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

conditions of RFP SPE8EC-21-R-0008, and the following terms and conditions negotiated prior to award 

that were acceptable to both the Contractor and the Government. 

c. J.A. Larue Inc.’s Letter of Endorsement submitted on 3/20/2022 is hereby accepted and incorporated 

into the contract. 

d. FAR 52.215-2 Audit and Records-Negotiation (Jun 2020) is hereby incorporated into the contract. 

DFARS PGI 225.870-1(d)(ii)(B) and PGI 225.870-1(d)(iii) indicate that Public Works and Government 

Services Canada (PWGSC) now known as Public Services and Procurement Canada (PSPC) will 

perform audits when needed. 

e. The product base list unit prices set forth in the contractor’s proposal dated October 1, 2021, and the 

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

are shown on page 17 of this contract. 

The proposed product base list unit prices are from the manufacturer’s current commercial price lists as provided 

and confirmed by J.A. Larue Inc. 

The negotiated discounts on page 17 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. 

f. In performance of this contract, any transportation of supplies by sea must comply with DFARS 252.247- 

7023, Transportation of Supplies by Sea. 

g. Canadian Contract Cost Principles 1031-2 are to be applied as per Defence Production Sharing 

 Agreement (DPSA) between Canada and the US. 

H. DFARS 252.232-7006, Wide Area Workflow Payment Instructions is incorporated into the contract with a 

NOTE: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an 

“Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead. 

I. 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-23-D-0003 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 52.232-39 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 2022) 

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 (APR 2022) 

DFARS 252.225-7021, Trade Agreements (MAR 2022) 

DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) 

DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) 

DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005) 

DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native 

Hawaiian Small Business Concerns (APR 2019) 

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

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

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

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

DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012) 

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

DFARS 252.247-7023, 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 (APR 2022) 

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)


SPE8EC-23-D-0003 7 

_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 (SEP 2021) (15 U.S.C. 

657a). 

 (12)(i) 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. 

 (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). 

 (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)). 

 (ii) Alternate I (NOV 2016) of 52.219-9. 

 (iii) Alternate II (NOV 2016) of 52.219-9. 

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

 (v) Alternate IV (SEP 2021) of 52.219-9. 

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

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

 (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 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 (SEP 2021) 

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

 (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 

632(a)(2)). 

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

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

Women-Owned Small Business (EDWOSB) 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) (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 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. 

__ (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). 

__ (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). 
SPE8EC-23-D-0003 8 

(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 (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. 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 (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). 
SPE8EC-23-D-0003 9 

(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 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 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 (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 
SPE8EC-23-D-0003 10 

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– 

(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). 
SPE8EC-23-D-0003 11 

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

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

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

other information resources. 

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

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

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

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

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

because traffic is too high. 

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

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

 (b) Prohibition. 

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. 

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or 

extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered 

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

technology as part of any system. The Contractor is prohibited from providing to the Government any equipment , 

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

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

this clause applies or the covered telecommunication equipment or services are covered by a waiver described in 

FAR 4.2104. 

 (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. 

L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract , 

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

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

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

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

applies to the use of covered telecommunications equipment or services , regardless of whether that use is in 

performance of work under a Federal contract . 

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

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

or interconnection arrangements ; or 

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

any user data or packets that such equipment transmits or otherwise handles. 

 (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 

 
SPE8EC-23-D-0003 12 

(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 . 

(f) 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.

FAR 52.216-18 Ordering (AUG 2020) 

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or

task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the

effective date of award/contract through a date corresponding to 5 calendar year (s) after the effective date of the

award/contract..

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of

conflict between a delivery order or task order and this contract, the contract shall control. 

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits

the order in the mail; 

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and

notice is sent to the Contractor; or 

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the

contract. 

DFARS 252.225-7013 Duty-Free Entry (MAR 2022) 

(a) Definitions.As used in this clause—

“Component,” means any item supplied to the Government as part of an end product or of another component. 

“Customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico. 

“Eligible product” means— 

(i) “Designated country end product,” as defined in the Trade Agreements (either basic or alternate)

clause of this contract; 

(ii) “Free Trade Agreement country end product,” other than a “Bahrainian end product,” a “Moroccan

end product,” a Panamanian end product,” or a “Peruvian end product,” as defined in the Buy American—Free 

Trade Agreements—Balance of Payments Program (either basic or alternate II) clause of this contract, basic or its 

Alternate II; 
SPE8EC-23-D-0003 13 

(iii) “Canadian end product,” as defined in the Buy American—Free Trade Agreements—Balance of

Payments Program (either alternate I or alternate III) clause of this Contract; or 

(iv) “Free Trade Agreement country end product” other than a “Bahrainian end product,” “Korean end

product,” “Moroccan end product,” “Panamanian end product,” or “Peruvian end product,” as defined in of the Buy 

American—Free Trade Agreements—Balance of Payments Program (either alternate IV or alternate V) clause of 

this contract. 

“Qualifying country” and “qualifying country end product” have the meanings given in the Trade Agreements 

clause, the Buy American and Balance of Payments Program clause, or the Buy American—Free Trade 

Agreements—Balance of Payments Program clause of this contract, basic or alternate. 

(b) Except as provided in paragraph (i) of this clause, or unless supplies were imported into the customs

territory of the United States before the date of this contract or the applicable subcontract, the price of this contract 

shall not include any amount for duty on— 

(1) End items that are eligible products or qualifying country end products;

(2) Components (including, without limitation, raw materials and intermediate assemblies) produced or

made in qualifying countries, that are to be incorporated in U.S.- made end products to be delivered under this 

contract; or 

(3) Other supplies for which the Contractor estimates that duty will exceed $300 per shipment into the

customs territory of the United States. 

(c) The Contractor shall—

(1) Claim duty-free entry only for supplies that the Contractor intends to deliver to the Government under

this contract, either as end items or components of end items; and 

(2) Pay duty on supplies, or any portion thereof, that are diverted to nongovernmental use, other than—

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer.

(d) Except as the Contractor may otherwise agree, the Government will execute duty-free entry certificates

and will afford such assistance as appropriate to obtain the duty-free entry of supplies— 

(1) For which no duty is included in the contract price in accordance with paragraph (b) of this clause; and

(2) For which shipping documents bear the notation specified in paragraph (e) of this clause.

(e) For foreign supplies for which the Government will issue duty-free entry certificates in accordance with this

clause, shipping documents submitted to Customs shall— 

(1) Consign the shipments to the appropriate—

(i) Military department in care of the Contractor, including the Contractor's delivery address; or

(ii) Military installation; and

(2) Include the following information:

(i) Prime contract number and, if applicable, delivery order number.

(ii) Number of the subcontract for foreign supplies, if applicable.

(iii) Identification of the carrier.
SPE8EC-23-D-0003 14 

(iv)(A) For direct shipments to a U.S. military installation, the notation: “UNITED STATES 

GOVERNMENT, DEPARTMENT OF DEFENSE Duty-Free Entry to be claimed pursuant to Section XXII, Chapter 

98, Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule of the United States. Upon arrival of 

shipment at the appropriate port of entry, District Director of Customs, please release shipment under 19 CFR Part 

142 and notify Commander, Defense Contract Management Agency (DCMA), St. Louis, MO, ATTN: Duty Free 

Entry Team, 1222 Spruce Street, Room 9.300, St. Louis, MO 63103-2812, for execution of Customs Form 7501, 

7501A, or 7506 and any required duty-free entry certificates.” 

(B) If the shipment will be consigned to other than a military installation, e.g., a domestic 

contractor's plant, the shipping document notation shall be altered to include the name and address of the 

contractor, agent, or broker who will notify Commander, DCMA New York, for execution of the duty-free entry 

certificate. (If the shipment will be consigned to a contractor’s plant and no duty-free entry certificate is required 

due to a trade agreement, the Contractor shall claim duty-free entry under the applicable trade agreement and 

shall comply with the U.S. Customs Service requirements. No notification to Commander, DCMA New York, is 

required.) 

(v) Gross weight in pounds (if freight is based on space tonnage, state cubic feet in addition to gross 

shipping weight). 

(vi) Estimated value in U.S. dollars. 

(vii) Activity address number of the contract administration office administering the prime contract, 

e.g., for DCMA Dayton, S3605A. 

(f) Preparation of customs forms.

(1)(i) Except for shipments consigned to a military installation, the Contractor shall— 

(A) Prepare any customs forms required for the entry of foreign supplies into the customs 

territory of the United States in connection with this contract; and 

(B) Submit the completed customs forms to the District Director of Customs, with a copy to 

DCMA NY for execution of any required duty-free entry certificates. 

(ii) Shipments consigned directly to a military installation will be released in accordance with sections 

10.101 and 10.102 of the U.S. Customs regulations. 

(2) For shipments containing both supplies that are to be accorded duty-free entry and supplies that are 

not, the Contractor shall identify on the customs forms those items that are eligible for duty-free entry. 

(g) The Contractor shall— 

(1) Prepare (if the Contractor is a foreign supplier), or shall instruct the foreign supplier to prepare, a 

sufficient number of copies of the bill of lading (or other shipping document) so that at least two of the copies 

accompanying the shipment will be available for use by the District Director of Customs at the port of entry; 

(2) Consign the shipment as specified in paragraph (e) of this clause; and 

(3) Mark on the exterior of all packages— 

(i) “UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE”; and 

(ii) The activity address number of the contract administration office administering the prime contract. 

(h) The Contractor shall notify the Administrative Contracting Officer (ACO) in writing of any purchase of 

eligible products or qualifying country supplies to be accorded duty-free entry, that are to be imported into the 

customs territory of the United States for delivery to the Government or for incorporation in end items to be 

delivered to the Government. The Contractor shall furnish the notice to the ACO immediately upon award to the 

supplier and shall include in the notice— 

(1) The Contractor’s name, address, and Commercial and Government Entity (CAGE) code; 
SPE8EC-23-D-0003 15 

(2) Prime contract number and, if applicable, delivery order number;

(3) Total dollar value of the prime contract or delivery order;

(4) Date of the last scheduled delivery under the prime contract or delivery order;

(5) Foreign supplier's name and address;

(6) Number of the subcontract for foreign supplies;

(7) Total dollar value of the subcontract for foreign supplies;

(8) Date of the last scheduled delivery under the subcontract for foreign supplies;

(9) List of items purchased;

(10) An agreement that the Contractor will pay duty on supplies, or any portion thereof, that are diverted

to nongovernmental use other than— 

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer;

(11) Country of origin; and

(12) Scheduled delivery date(s).

(i) This clause does not apply to purchases of eligible products or qualifying country supplies in connection

with this contract if— 

(1) The supplies are identical in nature to supplies purchased by the Contractor or any subcontractor in

connection with its commercial business; and 

(2) It is not economical or feasible to account for such supplies so as to ensure that the amount of the

supplies for which duty-free entry is claimed does not exceed the amount purchased in connection with this 

contract. 

(j) The Contractor shall—

(1) Insert the substance of this clause, including this paragraph (j), in all subcontracts for—

(i) Qualifying country components; or

(ii) Nonqualifying country components for which the Contractor estimates that duty will exceed $200

per unit; 

(2) Require subcontractors to include the number of this contract on all shipping documents submitted to

Customs for supplies for which duty-free entry is claimed pursuant to this clause; and 

(3) Include in applicable subcontracts—

(i) The name and address of the ACO for this contract;

(ii) The name, address, and activity address number of the contract administration office specified in

this contract; and 

(iii) The information required by paragraphs (h)(1), (2), and (3) of this clause.
SPE8EC-23-D-0003 16 

52.216-21 Requirements (OCT 1995) 

a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not

purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do

not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not

constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering

clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall

furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in

accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations

or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or

services specified in the Schedule that are required to be purchased by the Government activity or activities

specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total

orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery

may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated

delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be

completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and

Government’s rights and obligations with respect to that order to the same extent as if the order were completed

during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries

under this contract after _December 12, 2027_.
Item 

Number Description of Item Model Number

1 Single Engine Self-Propelled Snowblower T60

2 Single Engine Self-Propelled Snowblower T70

3 Single Engine Self-Propelled Snowblower T80

4 Double Engine Self-Propelled Snowblower/Front Plow T85

5 Double Engine Self-Propelled Snowblower/Front Plow/Front Broom T95

SPE8EC-23-D-0003 CCC/J.A. Larue

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