F&ESE TLS Program Contract







The referenced clauses are set forth or referred to in the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS). All provisions, clauses, and procurement notes are incorporated herein by reference with the same force and effect as if set forth in full text and made a part of the contract as applicable.


This contract is subject to The Berry Amendment (DFARS 252.225-7012 and DFARS 252.225-7015) and Buy American Act (DFARS 252.225-7001). Depending on the item being solicited, the Berry Amendment or the Buy American Act requirements may apply. For this procurement, contractors and subcontractors shall only provide end items that are manufactured or substantially transformed in the United States or a Qualifying or Designated country, as set forth in FAR 25.003 and DFARS 225.003. Additionally, there are other procurement restrictions set forth in the regulations that may apply to certain specific products.

FAR Clauses

52.203-13        Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).


52.203-15        Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).


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)).


52.219-8          Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.


52.222-17        Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.


52.222-21        Prohibition of Segregated Facilities (Apr 2015).


52.222-26        Equal Opportunity (Sept 2016) (E.O. 11246).


52.222-35        Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).


52.222-36        Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).


52.222-37        Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).


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.


52.222-41        Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).


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


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).


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).


52.222-54        Employment Eligibility Verification (Oct 2015) (E.O. 12989).


52.222-55        Minimum Wages Under Executive Order 13658 (Dec 2015).


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


52.224-3          Privacy Training (Jan 2017) (5 U.S.C. 552a). Alternate I (Jan 2017) of 52.224-3.


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).


52.226-6          Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.


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.

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