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SPE8EC-21-D-0083 / P00001

Contract SPE8EC-21-D-0083 is hereby modified as follows: 

 Canadian Commercial Corporation (Liftking Manufacturing Corp.) Commercial Price List with Model Pricing and

Discounts (Base List Price Only) of the Schedule of Items (SOI) within Contract SPE8EC-21-D-0083 is hereby replaced by

pages 3- of the subject modification to reflect the price increases for 57 models identified in the Commercial Price

List.

 All other terms and conditions remain unchanged.
Item 

# Description of Item Make / Model Number

1

2 Wheel Steer 6K Diesel Forklift 14FT Lift 2WD 2 Stage Mast LK6M22 14FT

2

2 Wheel Steer 5.5K Diesel Forklift 14FT Lift 4WD 3 

Stage Mast FFL LK5MC42 14'FT

3

2 Wheel Steer 6K Diesel Forklift 14FT Lift 4WD 2 

Stage Mast LK6M42 14FT

4

2 Wheel Steer 7.7K Diesel Forklift 14FT Lift 4WD 3 

Stage Mast FFL LK7MC42 14FT

5

2 Wheel Steer 8K Diesel Forklift 14FT Lift 2WD 2 Stage Mast LK8M22 14FT

6

2 Wheel Steer 8K Diesel Forklift 21FT Lift 2WD 3 Stage Mast LK8M22 21FT

7

2 Wheel Steer 8K Diesel Forklift 14FT Lift 4WD 2 Stage Mast LK8M42 14FT

8 3 Wheel Steer 8K Diesel Forklift 14FT Lift 4WD 2 Stage Mast (Option with 3 Stage Mast) LK8M42 Option 21FT

9

2 Wheel Steer 10K Diesel Forklift 14FT Lift 2WD 2 

Stage Mast LK10M22 14FT

10 3 Wheel Steer 10K Diesel Forklift 14FT Lift 2WD 2 Stage Mast (Option with 3 Stage Mast) LK10M22 Option 21FT

11

2 Wheel Steer 10K Diesel Forklift 14FT Lift 4WD 2 

Stage Mast LK10M42 14FT

12 3 Wheel Steer 10K Diesel Forklift 14FT Lift 4WD 2 Stage Mast (Option with 3 Stage Mast) LK10M42 Option 21FT

13

2 Wheel Steer 12K Dlesel Forklift 14FT Lift 2WD 2 

Stage Mast LK12M22 14FT

14

2 Wheel Steer 12K Diesel Forklift 14FT Lift 4WD 2 

Stage Mast LK12M42 14FT

15

2 Wheel Steer 16K Diesel Forklift 14FT Lift 2WD 2 

Stage Mast LK16M22 14FT

16

2 Wheel Steer 16K Diesel Forklift 14FT Lift 4WD 2 

Stage Mast LK16M42 14FT

17

2 Wheel Steer 20K DieseI Forklift 14FT Lift 2WD 2 

Stage Mast LK20M22 14FT

18

2 Wheel Steer 20K Diesel Forklift 14FT Lift 4WD 2 

Stage Mast LK20M42 14FT

19

4 Wheel Steer 6K Diesel Forkllft 14FT Lift 4WD 2 

Stage Mast LK6P44 14FT

20

4 Wheel Steer 8K Diesel Forkllft 14FT Lift 4WD 2 

Stage Mast LK8P44 14FT

21

4 Wheel Steer 10K Diesel Forklift 14FT Lift 4WD 2 

Stage Mast LK10P44 14FT

22 4 Wheel Steer 12K Diesel Forklift 14FT Lift 4WD 2 Stage Mast LK12P44 14FT

23

4 Wheel Steer 14K Diesel Forklift 14FT Lift 4WD 2 

Stage Mast LK14P44 14FT

24

4 Wheel Steer 16K Diesel Forklift 14FT Lift 4WD 2 Stage Mast LK16P44 14FT

25

4 Wheel Steer 20K Diesel Forklift 14FT Lift 4WD 2 

Stage Mask LK20P44 14FT

Canadian Commercial Corporation (Liftking Manufacturing C
Item 

# Description of Item Make / Model Number

26

4 Wheel Steer 25K Diesel Forklift 14FT Lift 4WD 2 

Stage Mast LK25P44HD 14FT

27

4 Wheel Steer 30K Dlesel Forklift 14FT Lift 4WD 2 

Stage Mast LK30P44 14FT

28 4 Wheel Steer 30K Diesel Forklift 14FT Lift 4WD 2 Stage Mast LK30P44HD 14FT

29

4 Wheel Steer 30K Diesel Forklift 14FT Lift Lo-Pro 

4WD 2 Stage Mast LK22000LoPro

30

4 Wheel Steer 30K Diesel Forklift 14FT Lift Tier IV 

4WD 2 Stage Mast LK22000 

31

4WS 4WD 10,000IBs 48"L/C Air Transportable Diesel 

Forklift AF10 

32

4WS 4WD 13,000Ibs 48"L/C Air Transportable Diesel 

Forlift AF13 

33

4WS 4WD 16,000Ibs 48"L/C Air Transportable Diesel 

Forklift AF16 

34 4WS 4WD 16.000lbs 48”L/C Diesel Forklift LK16000 35 4WS 4WD 1OMT 24"L/C Diesel Forklift LK10MP 36 4WS 4WD 4,000Ibs 24"L/C Shipboard Diesel Forklift LK4C / USN4

37

4WS 4WD 6,000lbs 24"L/C Shipboard Diesel Forklift LK6C / USN6

38 4WS 4WD 8,200lbs 24”L/C Shipboard Diesel Forklift LK62C / USN62

39

4WS 4WD 8,000Ibs 24"L/C Shipboard Diesel Forklift LK8C / USN8

40

4WS 4WD 12,000lbs 48"L/C Shipboard Diesel Forklift LK12C / USN12

41 4WS 4WD 50.000Ibs 48"L/C Diesel Forklift LK5OC42

4WS 4WD 50,000Ibs 48"L/C Diesel Container Handler LK25RTCH

43 4WS 4WD 32,0001Bs 48"L/C Diesel Forklift LK32C44

4WS 4WD 32,000lbs 48"L/C Diesel Container Handler LK32RTCH

45 4WS 4WD 32,0001Bs 48"L/C Diesel Forklift LK35C46

4WS 4WD 32,000lbs 48"L/C Diesel Container Handler LK35RTCH

47 4WS 4WD 67,000lbs 48"L/C Diesel Forklift LK67C

48 4WS 4WD 67,000lbs 48“L/C Diesel Container Handler LK67RTCH

49

4WS 4WD 10,000Ibs 48"L/C Shipboard Diesel Forklift USN10

50 2WS 2WD 20,000Ibs 24"L/C Shipboard Diesel Forklift 20SCB51 2WS 2WD 6,000lbs 24" L/C Low Pro Shipboard Forklift 6SLP52

4WS 4WD 6,000Ibs 24" LC Diesel Shipboard Forklift SB6K

53

4WS 4WD 10,000lbs 48" LC Diesel Shipboard Forklift SB10K
Item 

# Description of Item Make / Model Number

54 sideloader/multi directional 8,000lb 24" LC LKML8

55 sideloader/multi directional 9,000lbs 24" LC LKML9

56 sideloader/multi directional 10,000lbs 24" LC LKML10

57 sideloader/multi directional 15,000lbs 24" LC LKML15

SPE8EC-21-D-0083 2 

Canadian Commercial Corporation 

 

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-R0002 as amended by Amendments 0001, 0002, 0003, 0004 and 0005. It is an Indefinite Delivery/ 

Requirements Contract under which the Contractor shall function as a supplier for Material Handling 

Equipment. 

 

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

conditions of RFP SPE8EC-17-R-0002, as amended, and, the following terms and conditions negotiated 

prior to award that were acceptable to both the Contractor and the Government. 

c. Liftking Manufacturing Corp’s confirmation of “ Discount terms are acceptable and are 

incorporated into this contract. 

d. FAR 52.216-2 Economic Price Adjustment – Standard Supplies, which was completed by Liftking 

Manufacturing Corp’s and returned to DLA Troop Support on April 7, 2021 is hereby incorporated into the 

contract. 

e. DFARS 252.247-7022 Trade Agreements Certificate – Basic, which was completed by Liftking 

Manufacturing Corp’s and returned to DLA Troop Support on April 7, 2021 is hereby incorporated into the 

contract. 

f. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance 

Services or Equipment, which was completed by Liftking Manufacturing Corp’s and returned to DLA Troop 

Support on April 7, 2021 is hereby incorporated into the contract. 

g. 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. 

h. Liftking Manufacturing Corp. provided delivery schedules as shown in 

the Schedule of Supplies (Pages 13-15) are hereby incorporated into the contract. 

 

i. The product base list unit prices set forth in the contractor’s updated proposal price list dated April 7, 2021 

and the final proposal discounts dated May 3, 2021, are applicable to the items specified in this contract and 

are shown on pages 13 through 15 of this contract. 

The proposed product base list unit prices are from Liftking’s Commercial Price List. 

The negotiated discounts on pages 13 through 15 of this contract shall remain in effect for the entire fiveyear 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. 

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

7024, Notification of Transportation of Supplies by Sea. 

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

Agreement (DPSA) between Canada and the US. 

l. 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. 
SPE8EC-21-D-0083 3 

m. CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (JUN 2020)

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 6 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 ($235,000,000.00) 

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

Material Handling Equipment contracts to be awarded under SPE8EC-17-R-0002, not this contract alone. 

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

period is $400,000,000.00. 

 

3) DELIVERY ORDER LIMITATIONS 

(a) Minimum Order: When the Government requires supplies or services covered by this contract in an 

amount of less than one each, the Government is not obligated to purchase, nor is the Contractor 

obligated to furnish those supplies or services under the contract. 

 

 (b) Maximum Order: The Contractor is not obligated to honor - 

. 

(1) Any order for a single item is excess of $20,000,000.00 

 

(2) Any order for a combination of items in excess of $20,000,000.00; 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. 
SPE8EC-21-D-0083 4 

4) CONTRACT UNIT PRICES 

(a)The product base list unit prices set forth in the contractor’s updated proposal price list dated April 7, 

2021 and the final proposal discounts dated May 3, 2021, are applicable to the items specified in this 

contract and are shown on pages 13 through 15 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. 

 

 

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

Contract Management Agency, DCMA Americas, Ottawa, Ontario (SCN01A) 

 

ADDENDUM TO FAR 52.212-4 

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

text: 

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

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

FAR 52.222-50 Combatting Trafficking in Persons (Oct 2020) 

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 

FAR 52.232-40 Providing Accelerated Payments to Small Business Contractors (DEC 2013)

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

DFARS 252.225-7013 Duty Free Entry ((APR 2020) 

DFARS 252.225-7048 Export Controlled Items (JUN 2013) 

DFARS 252.232-7006, Wide Area Workflow Payment Instructions (DEC 2018) 

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

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

FAR 52.203-3, Gratuities (APR 1984) (10 U. S. C. 2207). 

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

Executive orders applicable to acquisitions of commercial items or components: 

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 

DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 2013) 

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

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)

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

2019) 

DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 

DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) 

DFARS 252.211-7003, Item Unique Identification and Valuation (MAR 2016) 

DFARS 252.211-7006, Passive Radio Frequency Identification (DEC 2019)

DFARS 252.219-7003, 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) 


SPE8EC-21-D-0083 7 

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

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

orders applicable to acquisitions of commercial 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 

 

 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 (Mar 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 (Mar 2020) (15 U.S.C. 644). 

 (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 (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. 

 __ (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). 

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

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

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

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

 Women-Owned Small Business 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) (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 (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). 
SPE8EC-21-D-0083 8 

 __ (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). 

 (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.) 

 __ (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. 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 (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). 

 __ (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)). 

 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 
SPE8EC-21-D-0083 9 

 (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 (Dec 2015). 

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

 __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) 

 (42 U.S.C. 1792). 

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

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

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

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

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

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

involving transactions related to this contract. 

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

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

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

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

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

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

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

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

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

maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to 

a provision of law. 

(e) 

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the 

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a 

subcontract for commercial 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 
SPE8EC-21-D-0083 10 

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). 

 (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 (Dec 2015). 

 (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. 

FAR 52.216-18 Ordering 

(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. 

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

Services or Equipment (AUG 2020)

(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. 
SPE8EC-21-D-0083 11 

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). 

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, 
SPE8EC-21-D-0083 12 

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 items.