Solicitation IDIQ BME Condenser Water Treatment System 2024.doc
DOC document 661 KB Posted
- Solicitation number
- 191D3224R0032
- Issued by
-
Department of State
About this file
This document is a Solicitation for a firm fixed-price Indefinite Delivery/Indefinite Quantity (IDIQ) contract to provide preventive maintenance services for the Condenser Water Treatment System at the U.S. Embassy compound in Jakarta, Indonesia.
The contract will be for a one-year base period, with four one-year option periods. The required services include monthly and quarterly maintenance, as well as provision of all necessary chemicals, labor, tools, and test equipment. Pricing is provided for the base and each option period. There is a guaranteed minimum of 1 monthly service and a maximum of 100 monthly and quarterly services during the contract period. The Government intends to award to the lowest priced, technically acceptable, responsible offeror. Offerors must submit past performance information, staffing plans, quality control procedures, and licenses/permits required to perform the work in Indonesia.
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Cover Page SF1449
| SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 |
| 1. REQUISITION NUMBER |
PR12693314
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4.ORDER NUMBER
5. SOLICITATION NUMBER
191D3224R0032
6.SOLICITATION ISSUE DATE
August 23, 2019
7. FOR SOLICITATION
INFORMATION CALL
a. NAME
Widodo Winaskita, Contracting Assistant
b. TELEPHONE NUMBER(No collect calls)
(021) 5083 1178
8. OFFER DUE DATE/ LOCAL TIME
September 13, 2024
9. ISSUED BY
CODE
| 10. THIS ACQUISITION IS |
| 11. DELIVERY FOR FOB |
| 12. DISCOUNT TERMS |
Contracting Office
American Embassy Jakarta
Jl. Medan Merdeka Selatan No. 5
FORMCHECKBOX
UNRESTRICTED
FORMCHECKBOX
SET ASIDE: % FOR
FORMCHECKBOX
SMALL BUSINESS
DESTINATION UNLESS BLOCK IS MARKED
FORMCHECKBOX
SEE SCHEDULE
Jakarta Pusat
FORMCHECKBOX
HUBZONE SMALL BUSINESS
FORMCHECKBOX
13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
FORMCHECKBOX
8(A) 13b. RATING
NAICS:
SIZE STD:
14. METHOD OF SOLICITATION
FORMCHECKBOX
RFQ
FORMCHECKBOX
IFB
FORMCHECKBOX
RFP
15. DELIVER TO
16. ADMINISTERED BY
17a. CONTRACTOR/
OFFEROR
FACILITY
18a. PAYMENT WILL BE MADE BY
TELEPHONE NO.
Financial Management Center American Embassy Jakarta
Jl. Medan Merdeka Selatan No. 5
Jakarta Pusat
FORMCHECKBOX
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED FORMCHECKBOX
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
| 1. |
| Preventive Maintenance IDIQ Contract of the Condenser Water Treatment System at US. Embassy Compound, Jakarta, Indonesia |
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
FORMCHECKBOX
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX
ARE FORMCHECKBOX
ARE NOT ATTACHED.
FORMCHECKBOX
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX
ARE FORMCHECKBOX
ARE NOT ATTACHED.
FORMCHECKBOX
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___2__ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
FORMCHECKBOX
29.AWARD OF CONTRACT: REF. _________________ OFFER DATED _______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
| 30a. SIGNATURE OF OFFEROR/CONTRACTOR |
| 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) |
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or Print)
Kevin S. Allen
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
STANDARD FORM 1449 (REV 4/2002)
PREVIOUS EDITION IS NOT USABLE
Computer Generated
Prescribed by GSA - FAR (48 CFR) 53.212
TABLE OF CONTENTS
Section 1 - The Schedule
· SF 1449 cover sheet
· Continuation To SF-1449, RFQ Number 191D3224R0032, Prices, Block 23
· Continuation To SF-1449, RFQ Number 191D3224R0032, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement
· Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property
Section 2 - Contract Clauses
· Contract Clauses
· Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12 Section 3 - Solicitation Provisions
· Solicitation Provisions
· Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12 Section 4 - Evaluation Factors
· Evaluation Factors
· Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12 Section 5 - Representations and Certifications
· Offeror Representations and Certifications
· Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12 Attachment A – Performance Work Statement
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449, RFQ NUMBER 191D3224R0032
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
I.
PERFORMANCE WORK STATEMENT
A. The purpose of this firm fixed price purchase order is to for preventive maintenance of the Condenser Water Treatment System at US Embassy Jakarta in accordance with Attachment A.
B. The contract will be for a one-year period from the date of the contract award, with 4 (four one-year options.
QUALITY ASSURANCE PLAN (QAP).
This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QAP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.
| Performance Objective |
| PWS Para |
| Performance Threshold |
Services.
Performs all maintenance and services on the Condenser Water Treatment System set forth in the performance work statement (PWS)
| Section 1 |
| All required services are performed and no more than one (1) customer complaint is received per month |
1. SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.
2. STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.
3. PROCEDURES.
(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
(b) The COR will complete appropriate documentation to record the complaint.
(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.
(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.
(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.
(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.
(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.
MINIMUM AND MAXIMUM AMOUNTS
During this contract period, the Government shall place orders totaling a minimum of 1 (one) Monthly Service. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed 100 (one hundred) Monthly and Quarterly Services. This reflects the contract maximum for this period of performance.”
II. PRICING
This is a firm fixed-price contract with 4 (four)-year options.
(a) The Contractor shall provide the services for the base period of the contract at the rates shown below and any option years exercised by the Government.
(b) The prices listed below shall include all labors, materials, overhead, and profit.
Line item prices also include VAT, which will be shown separately on invoices.
2.1. BASE PERIOD
Option Term:
12 month period after award:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Condenser Water Treatment System |
| 1 lot |
| Monthly |
| 12 |
| 002 |
| Condenser Water Treatment System |
| 1 lot |
| Quarterly |
| 4 |
VAT
Total Base Year
2.2. FIRST OPTION YEAR PRICES
Option Term: Twelve (12) Months from expiration of base year In consideration of satisfactory performance of all the scheduled services required under this contract the fixed price for the first option year of the contract is:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Condenser Water Treatment System |
| 1 lot |
| Monthly |
| 12 |
| 002 |
| Condenser Water Treatment System |
| 1 lot |
| Quarterly |
| 4 |
VAT
Total 1st Option Year
2.2. SECOND OPTION YEAR PRICES
Option Term: Twelve (12) Months from expiration of first option year In consideration of satisfactory performance of all the scheduled services required under this contract the fixed price for the first option year of the contract is:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Condenser Water Treatment System |
| 1 lot |
| Monthly |
| 12 |
| 002 |
| Condenser Water Treatment System |
| 1 lot |
| Quarterly |
| 4 |
VAT
Total 2nd Option Year
2.2. THIRD OPTION YEAR PRICES
In consideration of satisfactory performance of all the scheduled services required under this contract the fixed price for the first option year of the contract is:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Condenser Water Treatment System |
| 1 lot |
| Monthly |
| 12 |
| 002 |
| Condenser Water Treatment System |
| 1 lot |
| Quarterly |
| 4 |
VAT
Total 3rd Option Year
2.2. FOURTH OPTION YEAR PRICES
In consideration of satisfactory performance of all the scheduled services required under this contract the fixed price for the first option year of the contract is:
| CLIN |
| Description |
| Quantity of Equipment |
| Type of services |
| No. of service |
| Unit price / service (IDR) |
| Total per year (IDR) |
| 001 |
| Condenser Water Treatment System |
| 1 lot |
| Monthly |
| 12 |
| 002 |
| Condenser Water Treatment System |
| 1 lot |
| Quarterly |
| 4 |
VAT
Total 4th Option Year
GRAND TOTAL PRICE
Base Year Total:
First Option Year Total:
Second Option Year Total:
Third Option Year Total:
Fourth Option Year Total:
Sub T o t a l
V A T
Grand Total
VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are:
CONTINUATION TO SF-1449,
RFQ NUMBER 191D3224R0032
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
I.
GENERAL INFORMATION:
The United States Embassy in Jakarta requires professional services and contractor cost proposals to perform preventive maintenance services of the facility’s Condenser Water Treatment Systems.
II.
PROJECT REQUIREMENTS:
HVAC Condenser Water Treatment System Description:
A. Open Loop System
III.
GENERAL REQUIREMENTS:
The Contractor SOW shall provide all labor, tools, and chemical required to carry out all preventive maintenance as outlined in this SOW. US Embassy staff may have service manuals for all equipment included in this SOW. If they do not, the Contractor shall assist Embassy Staff in obtaining the manuals.
IV. SCOPE OF WORK - PREVENTIVE MAINTENANCE
Contractor shall provide all chemicals, supervision, labor, tools and test kit and equipment to perform preventive maintenance. All personnel working in the vicinity shall wear and /or use safety protection while all work is performed. Any questions or injuries shall be brought to the attention of the Post Occupation Safety and Health Officer (POSHO). Safety Data Sheets (SDS) shall be provided by the Contractor for all HAZMAT materials. Copies will be provided to the COR for approval.
V. SAFETY HEALTH AND ENVIROMENTAL MANAGEMENT (SHEM)
The Service Contractor shall take all reasonable and proper safety precautions to prevent death or injury to any person or damage to any property at the US Embassy Compound and in particular all equipment used by the Service Contractor shall be used in such a manner and maintained so as to minimize the danger of accident, death, injury, loss or damage arising from the use of such equipment. In addition to relevant statutory requirements, standards and other provisions of this Contract, the Service Contractor shall have the following requirements:
· Numbers (CLIN) shall include proper disposal of toxic substances where applicable.
· The Service Contractor’s personnel shall be knowledgeable with and adhere to all relevant occupational health and safety legislation and MSDS sheets.
· All electrical equipment and associated materials for the Services Contract comply with UL requirements.
· Follow all NFPA guidelines against fire, production of smoke or the venting of any noxious substances
· Ensure that the Service Contractor’s personnel comply with all safety procedures and requirements
· Ensure that the Service Contractor’s personnel are adequately trained and instructed in the safe and correct usage, handling and operation of materials and equipment relevant to the Services and provide reasonable proof of such to the US Embassy Jakarta on request.
· Ensure the Service Contractor’s personnel are certified as having completed occupational health and safety training and have been issued all the necessary Personal Protection Equipment (PPE) required for safe implementation of this contract;
· Training program(s) shall be presented and must satisfy the US Embassy Jakarta during the submittal process.
At a minimum, the following work shall be accomplished:
1. INSPECTION & MAINTENANCE SCHEDULE
| No |
| Item Description |
| Monthly |
| Quarterly |
(3 months)
| 1 |
| Condenser Water Treatment System |
| ( |
| ( |
2. INSPECTION & MAINTENANCE WORKING STEP
2.1. General
All equipment, chemicals, and testing procedures and kits shall be approved by the COR prior to use in the service contract.
The Contractor will be responsible for submitting the manufacture specifications, SDS sheets and equipment cut sheets for all equipment, chemicals (including chemical composition), and testing procedures.
All work shall comply with the requirements described in the following, as a minimum:
· NSF Standards (National Sanitation Foundation)
· AWWA Standards (American Water Works Association) ANSI Standards
· SDS Regulations
· ASTM D
· NFPA Codes
· UL Standards
· IEEE Standards
· NEMA Standards
· OSHA Standards
· And all applicable manufacturer O&M and installation instructions/requirements.
2.2 Control and Preventions Condenser Water Treatment System:
Corrosion.
An electrochemical oxidation process which results in destruction of the metals from which most cooling systems are constructed.
Control and Preventions :
· Suitable material of construction
· Use Corrosion Inhibitors
· Controlled scaling
· Biological control
Fouling.
Deposit of insoluble solid material present on the surface of the cooling system, usually consist of mud, iron oxide, cooper oxide, hydrocarbon oil, biological particles.
Control and Preventions :
· Reduce the solids content of make up water with the right pretreatment
· Install the side stream filter
· Using dispersant and surfactants to prevent deposit
· Provide turbulence at the critical point heat exchange
Scaling.
Deposition of scale is a chemical process that results when the concentration of dissolved salts in the cooling water exceeds their solubility limits and precipitates form on surfaces in contact with the water.
Control and preventions :
· Controlling cycles at a sea level
· Chemical scale inhibitor treatment
· pH adjustment by acid addition
· softening of cooling water system makeup
Microbiological System.
Microbiological growth within a cooling water system, if not controlled, can result in formation of biological fouling layers ( biofilm ) on all surfaces in contact with the cooling water. Present practice for control of biological fouling is to periodically dose the cooling system with a biocide to kill as many of the organism presents as possible.
Biocide chemistry :
· Oxidizing biocide : Chlorine and Bromine
· Non oxidizing Biocide
· Biodispersant.
2.3 Condenser water treatment Goals and monitoring :
· The formation of a corrosion inhibiting film layer
· Prevention of crust formation and modification crystal growth & prevents crystal from sticking on the metal surface
· Dispersant
· Control of microorganisms growth
· Chiller Performance monitoring :
1. Condenser Approach Temperature ( CAT ) / Condenser Small temperature Difference
2. CAT is Saturated refrigerant Temperature -Condenser Leaving Water Temperature
3. CAT describes surface conditions condenser pipe
4. Low CAT is pipes clean, High CAT is pipes dirt
5. CAT is maintained to be < 30 C
2.4 Provide Condenser Water Treatment Chemicals :
· Chemtreat CL 40 + NaOCL
Component : Stabilized Bromine
· Chemtreat CL 4846A ( Anti Corrosion and Deposits )
Components : Quardsperse Quadpolymer
Advantages : very effective to prevent the formation of the mineral crust and minimize copper corrosion & copper blends
· Chemtreat CL 455 ( Bio dispersant )
Chemtreat CL-455 as surfactant / bio dispersant for the system will remove organics, biological fouling from heat exchanger and other parts of the cooling system.
2.5 Maintenance Chemical Dosage & Consumption.
Summary of product consumption when the system is running in normal conditions as specified above is as summarized below :
| Product |
| Function |
| Dosage |
| Chemtreat CL 4846A |
| Scale & Corrosion Inhibitor |
| 1.5 |
| kg/day |
| Chemtreat CL 40 + NaOCl |
| Oxidizing Biocide |
| CL-40 1 Litre + NaOCl 5 Litres |
| shock dose 2x / week |
| Chemtreat CL-455 |
| Bio dispersant |
| 3 |
| kg/slug dose |
2.6 Maintenance Procedures
2.6.1 Monthly-Schedule
i. Safety & Special Instructions:
1. Chemicals must comply with the Environmental Protection Agency (EPA) regulations and handled in accordance with occupational safety requirements. Employ personal protection against corrosive or hazardous treatment chemicals as appropriate.
2. Be familiar with the Safety Data Sheets of any chemicals used in the water treatment program.
3. Water treatment specialists must be properly trained and certified.
4. Water treatment must be based on proven standard engineering practices.
5. Follow treatment as directed by manufacturer and in accordance with requirements specified
6. Maintenance includes chemicals, chemical feeding, maintaining proper water conditions, controlling bleed off, protecting idle equipment, and record keeping.
7. Ensure chemicals are properly stored; test equipment clean, and that chemicals have not passed expiration date.
8. Maintain records and test results.
9. All tests shall conform to the manufacturer test procedures and standard values.
ii. Maintenance Description:
Inspect system and complete water treatment analysis.
The condenser water treatment Contractor shall determine the dosage levels of chemicals and stay within the specified operating parameters:
| Parameters |
| Maintenance Levels |
| Analysis |
| pH value |
| 8.0 – 9.2 |
| Conductivity |
| Max 2,500 microohms |
P Alkalinity ( as CaCO3 ) in ppm
| Total Alkalinity ( as CaCO3 ) |
| Max 600 ppm |
| Total Hardness ( as CaCO3 ) |
| Max 500 ppm |
Calcium Hardness ( as CaCO3 ) in ppm
Magnesium hardness ( as CaCO3 ) in ppm
| Iron ( Fe ) |
| Max 1.0 ppm |
| Silica ( as SiO2 ) |
| Max 150 ppm |
| Chloride ( as Cl ) |
| Max 300 ppm |
| Molybdate ( Mo ) |
| Min 0.5 ppm |
2.6.2 Quarterly-Schedule
1. Maintenance Description:
Monitor, measure coupons corrosion rate and complete analysis for Condenser Water Treatment Piping System
The condenser water treatment Contractor shall determine the dosage levels of chemicals and stay within the specified operating parameters:
| Parameters |
| Maintenance Levels |
| Analysis |
| Corrosion rate on mild steel coupon |
| Less than 2.0 mpy |
| Corrosion rate on copper alloys coupon |
| Less than 0.1 mpy |
2. Maintenance Description:
Measure coupons corrosion rate and complete analysis for Chilled Water and Hot Water Piping System
| Parameters |
| Maintenance Levels |
| Result / Analysis |
| Corrosion rate on mild steel coupon |
| Less than 2.0 mpy |
| Corrosion rate on copper alloys coupon |
| Less than 0.1 mpy |
List of Equipment:
A. Closed Loop System
· Coupon Rack Type of Coupon rack used :
a. Model ACR20-B7 for Chilled Water System
b. Model ACR 25 for Hot water System
c. Model ACR 40B for Condenser Water System Type of Coupon used: Copper and Steel
· Shot Feeder
· Inline Filter
· Test equipment.
B. Open Loop System
Type of chemicals: ChemTreat CL-4846A, ChemTreat CL-40A + NaOCl, ChemTreat CL-455
SECTION 2 - CONTRACT CLAUSES
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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.)
( (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
( (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (14) [Reserved]
__ (15)
(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.
__ (16)
(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.
__ (17) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).
__ (18)
(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219-9.
__ (19)
(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.
__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
__ (23)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
__ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
( (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
__ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (31)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (32)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (33)
(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.
__ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
( (36)
(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).
__ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (38)
(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.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (41)
(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.
__ (42)
(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.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (44)
(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.
( (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (49)
(i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (50)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
( (52) 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).
__ (53) 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. Subtitle A, Part V, Subpart G Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
( (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (64)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 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:
__ (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 for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to 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 products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 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.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xiv)
(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).
(xv) 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).
(xvi) 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).
(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xx)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 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. Subtitle A, Part V, Subpart G Note).
(xxii) 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.
(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".
Alternate II (Sep 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 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).
(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(E) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(F) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(G) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(H) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(I) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(J) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(K) 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.
(L) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(M) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
__ (2) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(N) 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).
(O) 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).
(P) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).
(Q) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(R) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(S)__ (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
__ (2) Alternate I (Jan 2017) of 52.224-3.
(T) 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. Subtitle A, Part V, Subpart G Note).
(U) 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.
(V) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(W) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
52.229-12
TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (FEB 2021)
(a) Definitions. As used in this clause—
Foreign person means any person other than a United States person.
United States person, as defined in 26 U.S.C. 7701(a)(30), means–
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c)
(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.
(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–
(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and
(ii) Comply with paragraph (c)(1) of this clause.
(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.
(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.
(f) Taxes imposed under 26 U.S.C. 5000C may not be—
(1) Included in the contract price; nor
(2) Reimbursed.
(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of clause)
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.
THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE INCORPORATED BY REFERENCE:
CLAUSE
TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.204-13 SYSTEM FOR AWARD MANaGEMENT MAINTENANCE (OCT 2018)
52.204-18
COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
(AUG 2020)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
52.204-27
PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
52.225-14
INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)
52.228-3 WORKERS’ COMPENSATION INSURANCE (Defense Base Act) (JUL 2014)
52.228-5
INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.229-6
FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.204-9
PERSONAL IDENTIFY VERIFICATION OF CONTRACTOR PERSONNEL
(JAN 2011)
52.244-6
SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)
THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:
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 approximately November 11, 2021, through November 10, 2022 (insert dates).
(b) All delivery orders or tsk orders are subject to the terms and conditions of this contract.
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