19BE2026A0065 - RFQ.pdf

Request For Quotes

Blanket Purchase Agreement for Heating Fuel

Delivery Services

Solicitation No: 19BE2026Q0065

Contracting & Acquisition Office

U.S. Embassy Brussels

Regentlaan 25-27 Boulevard du Regent

1000 Brussels

Belgium

U.S. Embassy Brussels 19BE2026Q0065

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

1.0 PERFORMANCE WORK STATEMENT

1.1 GENERAL

1.2 ACQUISITION METHOD

2.0 BPA DETAILS

2.1 BPA CALL LIMITATIONS AND ESTIMATED VALUE

2.2 VALIDITY

2.3 CURRENCY

2.4 VALUE ADDED TAX

2.5 SELECTION OF AWARDEE FOR INDIVIDUAL BPA-CALLS

3.0 STATEMENT OF WORK

SECTION 2 - CONTRACT CLAUSES (ATTACHMENT A)

• CONTRACT CLAUSES

• ADDENDUM TO CONTRACT CLAUSES – FAR AND DOSAR NOT PRESCRIBED

IN PART 12

SECTION 3 - SOLICITATION PROVISIONS (ATTACHMENT B)

• SOLICITATION CLAUSES

• ADDENDUM TO SOLICITATION CLAUSES – FAR AND DOSAR NOT

PRESCRIBED IN PART 12

SECTION 4 - EVALUATION FACTORS (ATTACHMENT C)

• EVALUATION FACTORS

• ADDENDUM TO EVALUATION FACTORS – FAR AND DOSAR NOT

PRESCRIBED IN PART 12

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS (ATTACHMENT D)

• OFFEROR REPRESENTATIONS AND CERTIFICATIONS

• ADDENDUM OFFEROR REPRESENTATIONS AND CERTIFICATIONS – FAR

AND DOSAR NOT PRESCRIBED IN PART 12

U.S. Embassy Brussels 19BE2026Q0065

SECTION 1 - THE SCHEDULE

1.0 PERFORMANCE WORK STATEMENT

1.1 GENERAL

The U.S. Embassy Brussels, through NATO/GSO requires heating fuel delivery services.

1.2 ACQUISITION METHOD

The Government is conducting this acquisition using Simplified Acquisition Procedures in accordance with FAR Part 12.

2.0 BPA DETAILS

This solicitation will result in the establishment of a single Blanket Purchase Agreement (BPA) from which numerous individual purchases at or below the simplified acquisition threshold will likely be made in a given period.

2.1 BPA CALL LIMITATIONS AND ESTIMATED VALUE

(a) The individual Call issued under this BPA shall not exceed the Simplified Acquisition

Threshold (SAT) as defined in FAR 2.101. The aggregate amount of all Calls made against this BPA shall not exceed 20,000 EUR (or dollar equivalent) The total BPA value may not exceed $40,000 until the vendor is registered in the System for Award Management

(SAM).

(b) Pricing is in accordance with the applicable rates obtained from the contractor at the beginning of each 12-month period. Price shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required services as provided on each funded BPA call. The Price schedule will serve as base line to determinate cost proposal for individual requests are fair and reasonable prior issuance of a BPA call.

(c) This agreement does not establish any liability on the part of the Government of the United

States of America to affect any actual purchase. Any Call issued during the effective period of this BPA and not completed within that period shall be completed by the contractor by the date specified in the performance period of this BPA. The BPA shall govern that order to the same extent as if the order were completed during the BPA's effective period, provided that the contractor shall not be required to make any deliveries under this BPA one year after the issuance of the BPA Call.

2.2 VALIDITY

This BPA has a validity period of one (1) year: From May 15th, 2026, until May 14th, 2027.

2.3 CURRENCY

All BPA Calls will be issued in EURO (Belgium).

U.S. Embassy Brussels 19BE2026Q0065

2.4 VALUE ADDED TAX

Not VAT exempt -

“Value Added Tax (VAT) at a rate of 21% is applicable to this purchase and must be included in the line item rates on your invoice. The embassy will subsequently work with the Ministry of

Finance (MINFIN) to obtain the VAT exempt form C151 for refund purposes.”

Failure to add all of the required text will result in the return of your invoice for correction.

2.5 SELECTION OF AWARDEE FOR INDIVIDUAL BPA-CALLS

A. The following procedures shall govern the issuance of individual BPA Calls. The Contractor shall not commence any work or incur any costs until a written BPA Call (order) has been issued by an authorized U.S. Government official (the General Service Officer at the U.S. Embassy

Brussels) or an U.S. Government Official with a valid warrant.

B. A BPA call 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 BPA Call to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the BPA call via email to the Contractor's email address.

(4) BPA Calls may be issued by methods other than those enumerated in this clause only if authorized under this Agreement.

3. STATEMENT OF WORK

Fuel Delivery Services for U.S. Government-Owned Residence

1. Scope

The Contractor shall furnish all labor, supervision, equipment, materials, and transportation necessary to provide delivery of heating fuel to U.S. Government-owned Residence, in accordance with the terms and conditions of the resulting Blanket Purchase Agreement (BPA).

2. Requirements

The Contractor shall:

• Provide scheduled and unscheduled (on-call and emergency) fuel deliveries to designated residences.

• Ensure continuity of supply to prevent disruption of residential heating services.

• Coordinate delivery schedules with the designated Government official.

• Maintain capability to respond to emergency delivery requests within 24 hours.

• Ensure all delivery personnel are properly trained, licensed, and qualified.

U.S. Embassy Brussels 19BE2026Q0065

3. Performance Standards

• Deliver fuel in a timely manner consistent with agreed delivery schedules and response times.

• Accurately measure and document quantities delivered.

• Exercise due care to prevent spills, property damage, or safety hazards during delivery.

4. Compliance

The Contractor shall comply with all applicable Federal Acquisition Regulation (FAR) clauses, Department of State acquisition policies, and all federal, state, and local laws and regulations, including those related to environmental protection, hazardous materials handling, and transportation safety.

5. Inspection and Acceptance

The Government reserves the right to inspect all services performed. Deliveries shall be subject to acceptance by the authorized Government representative.

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

U.S. Embassy Brussels 19BE2026Q0065

ATTACHEMENT B

SECTION 2 - CONTRACT CLAUSES

52.212-4 TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION AUG 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act

(31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

U.S. Embassy Brussels 19BE2026Q0065

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the

Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in

(i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if– http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

U.S. Embassy Brussels 19BE2026Q0065

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the

Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

U.S. Embassy Brussels 19BE2026Q0065

Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter

87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter

21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of

Service (TOS), or similar legal instrument or agreement, that includes any clause requiring

U.S. Embassy Brussels 19BE2026Q0065 the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31

U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

U.S. Embassy Brussels 19BE2026Q0065

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:

Number Title

52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government

52.203-13 Contractor Code of Business Ethics and Conduct

52.203-17 Contractor Employee Whistleblower Rights

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements

52.204-9 Personal Identity Verification of Contractor Personnel

52.204-13 System for Award Management—Maintenance

52.204-91 Contractor identification

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns

52.219-6 Notice of Total Small Business Set-Aside

52.219-6 with Alt I Notice of Total Small Business Set-Aside, with Alternate I

52.219-8 Utilization of Small Business Concerns

52.219-9 Small Business Subcontracting Plan

52.219-9 with Alt I Small Business Subcontracting Plan, with Alternate I

52.219-9 with Alt II Small Business Subcontracting Plan, with Alternate II

52.219-9 with Alt III Small Business Subcontracting Plan, with Alternate III

52.219-9 with Alt IV Small Business Subcontracting Plan, with Alternate IV

52.219-14 Limitations on Subcontracting

52.219-16 Liquidated Damages—Subcontracting Plan

52.219-33 Nonmanufacturer Rule

52.222-3 Convict Labor

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52.222-19 Child Labor—Cooperation with Authorities and Remedies

52.222-35 Equal Opportunity for Veterans

52.222-35 with Alt I Equal Opportunity for Veterans, with Alternate I

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-36 with Alt I Equal Opportunity for Workers with Disabilities, with Alternate I

52.222-37 Employment Reports on Veterans

52.222-40 Notification of Employee Rights Under the National Labor Relations

Act

52.222-41 Service Contract Labor Standards

52.222-42 Statement of Equivalent Rates for Federal Hires

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment

52.222-50 Combating Trafficking in Persons

52.222-50 with Alt I Combating Trafficking in Persons, with its Alternate I

52.222-51

Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain

Equipment—Requirements

52.222-53 Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements

52.222-54 Employment Eligibility Verification

52.222-62 Paid Sick Leave Under Executive Order 13706

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-

Designated Items

52.223-9 with Alt I Estimate of Percentage of Recovered Material Content for EPA-

Designated Items, with Alternate I

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons

52.223-12 Maintenance

52.223-20 Aerosols

52.223-21 Foams

52.223-23 Sustainable Products and Services

52.224-3 Privacy Training

52.224-3 with Alt I Privacy Training, with Alternate I

52.225-1 Buy American-Supplies

52.225-1 with Alt I Buy American-Supplies, with Alternate I

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act

52.225-3 with Alt II Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate

II

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52.225-3 with Alt III Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate

III

52.225-3 with Alt IV Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate

IV

52.225-5 Trade Agreements

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a

Diplomatic or Consular Mission outside the United States

52.225-26 Contractors Performing Private Security Functions Outside the United

States

52.226-4 Notice of Disaster or Emergency Area Set-Aside

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.229-12 Tax on Certain Foreign Procurements

52.232-29 Terms for Financing of Commercial Products and Commercial Services

52.232-30 Installment Payments of Commercial Products and Commercial

Services

52.232-33 Payment by Electronic Funds Transfer—System for Award

Management

52.232-34 Payment by Electronic Funds Transfer—Other than System for Award

Management

52.232-36 Payment by Third Party

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.232-9X 52.232-9X, Fast Payment Procedure

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.240-91 Security Prohibitions and Exclusions

52.240-91 with Alt I Security Prohibitions and Exclusions, with Alternate I

52.240-92 Security Requirements

52.240-92 with Alt

II

Security Requirements with Alternate II

52.240-93 Basic Safeguarding of Covered Contractor Information Systems

52.244-6 Subcontracts for Commercial Products and Commercial Services

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels

52.247-64 with Alt I Preference for Privately Owned U.S.-Flag Commercial Vessels, with

Alternate I

52.247-64 with Alt

II

Preference for Privately Owned U.S.-Flag Commercial Vessels, with

Alternate II

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ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT:

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

(1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation

Support Contractor”);

(2) Clearly identify themselves and their contractor affiliation in meetings;

(3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

(4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

652.215-70 EXAMINATION OF RECORDS

(a) With respect to matters related to this contract or a subcontract hereunder, the Department of

State Office of the Inspector General, or an authorized representative, shall have upon request:

(1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law;

and

(2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters.

(b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(c) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (c), in all subcontracts under this contract other than acquisitions described in Federal

Acquisition Regulation 15.209(b)(1).

https://www.ecfr.gov/current/title-48/section-652.215-70#p-652.215-70(c)

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652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS

AMENDED (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C.

2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab

League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any

U.S. person or of any owner, officer, director, or employee of such U.S. person;

(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the

State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;

(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,

(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.

(b) Under Section 8(a), the following types of activities are not forbidden ``compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-

(6) above:

(1) Complying or agreeing to comply with requirements:

(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,

(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;

(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements

U.S. Embassy Brussels 19BE2026Q0065 may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;

(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;

(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;

(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,

(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS

WITHIN THE UNITED STATES (JUL 1988)

This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.

The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.

652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)

(AUG 1999)

(a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.

b) Invoice Submission. The Contractor shall submit invoices in an original and [Note to

Contracting Officer: Insert appropriate number] copies to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by

FAR 32.905(e).

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U.S. Embassy Brussels

Regentlaan 25-27 Boulevard du Régent

1000 Brussels - Belgium

(c) Contractor Remittance Address. The Government will make payment to the Contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:

652.239-801 DISCLOSURE OF AI USE CLAUSE (DEVIATION) (SEP 2025)

(a) Definitions. As used in this clause-

Artificial Intelligence (AI): The term "artificial intelligence" has the meaning provided in Section

238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

i. This definition of AI encompasses, but is not limited to, the AI technical subfields of machine learning (including deep learning as well as supervised, unsupervised, and semi-supervised approaches), reinforcement learning, transfer learning, and generative AI.

ii. This definition of AI does not include robotic process automation or other systems whose behavior is defined only by human-defined rules or that learn solely by repeating an observed practice exactly as it was conducted.

iii. For this definition, no system should be considered too simple to qualify as covered AI due to a lack of technical complexity (e.g., the smaller number of parameters in a model, the type of model, or the amount of data used for training purposes).

iv. This definition includes systems that are fully autonomous, partially autonomous, and not autonomous, and it includes systems that operate both with and without human oversight.

(b) Disclosure of AI Use in Contract Performance. When the Contractor or any of its subcontractors, vendors, or agents intends to incorporate AI into the performance of the contract, the Contractor shall provide the following disclosures in its offer:

Disclose the intended use of AI and provide a description of the AI system or capability and its purpose within the contract scope; specify whether the system was developed internally, acquired from a third party, or is publicly/commercially available; indicate if the AI system will process PII or be used in ways that may affect privacy, civil rights, safety, or public interaction; detail the governance, oversight, and human-in-the-loop mechanisms to be applied; and describe any applicable testing, evaluation, risk management, or bias mitigation measures that have been or will be implemented.

These disclosures must be updated promptly to the Contracting Officer during the period of performance upon any new use of AI or significant material change to the existing AI capability, its functionality, its use case, or its data inputs/outputs during the life of the contract.

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U.S. Embassy Brussels 19BE2026Q0065

The Government reserves the right to review the proposed AI use, request additional safeguards or controls, and/or disallow its use if it is deemed inconsistent with agency policy, legal requirements, or federal AI governance standards.

(End of Clause)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

(a) The Contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;

(2) That is has obtained all necessary licenses and permits required to perform this contract;

and,

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of aid country or countries during the performance of this contract.

(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.

652.236-70 ADDITIONAL SAFETY MEASURES (OCT 2017)

In addition to the safety/accident prevention requirements of FAR 52.236-13, Accident Prevention

Alternate I, the contractor shall comply with the following additional safety measures.

(a) High Risk Activities. If the project contains any of the following high risk activities, the contractor shall follow the section in the latest edition, as of the date of the solicitation, of the U.S.

Army Corps of Engineers Safety and Health manual, EM 385-1-1, that corresponds to the high risk activity. Before work may proceed, the contractor must obtain approval from the COR of the written safety plan required by FAR 52.236-13, Accident Prevention Alternate I (see paragraph (f) below), containing specific hazard mitigation and control techniques.

(1) Scaffolding;

(2) Work at heights above 1.8 meters;

(3) Trenching or other excavation greater than one (1) meter in depth;

(4) Earth-moving equipment and other large vehicles;

(5) Cranes and rigging;

(6) Welding or cutting and other hot work;

(7) Partial or total demolition of a structure;

(8) Temporary wiring, use of portable electric tools, or other recognized electrical hazards.

Temporary wiring and portable electric tools require the use of a ground fault circuit interrupter (GFCI) in the affected circuits; other electrical hazards may also require the use of a GFCI;

(9) Work in confined spaces (limited exits, potential for oxygen less than 19.5 percent or combustible atmosphere, potential for solid or liquid engulfment, or other hazards considered to be immediately dangerous to life or health such as water tanks, transformer vaults, sewers, cisterns, etc.);

(10) Hazardous materials - a material with a physical or health hazard including but not limited to, flammable, explosive, corrosive, toxic, reactive or unstable, or any operation

U.S. Embassy Brussels 19BE2026Q0065 creates any kind of contamination inside an occupied building such as dust from demolition activities, paints, solvents, etc.; or

(11) Hazardous noise levels as required in EM 385-1 Section 5B or local standards if more restrictive.

(b) Safety and Health Requirements. The contractor and all subcontractors shall comply with the latest edition of the U.S. Army Corps of Engineers Safety and Health manual EM 385-1-1, or

OSHA 29 CFR parts 1910 or 1926 if no EM 385-1-1 requirements are applicable, and the accepted contractor’s written safety program.

(c) Mishap Reporting. The contractor is required to report immediately all mishaps to the COR and the contracting officer. A “mishap” is any event causing injury, disease or illness, death, material loss or property damage, or incident causing environmental contamination. The mishap reporting requirement shall include fires, explosions, hazardous materials contamination, and other similar incidents that may threaten people, property, and equipment.

(d) Records. The contractor shall maintain an accurate record on all mishaps incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to or theft of property, materials, supplies, or equipment. The contractor shall report this data in the manner prescribed by the contracting officer.

(e) Subcontracts. The contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Written program. The plan required by paragraph (f)(1) of the clause entitled “Accident

Prevention Alternate I” shall be known as the Site Safety and Health Plan (SSHP) and shall address any activities listed in paragraph (a) of this clause, or as otherwise required by the contracting officer/COR.

(1) The SSHP shall be submitted at least 10 working days prior to commencing any activity at the site.

(2) The plan must address developing activity hazard analyses (AHAs) for specific tasks.

The AHAs shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk. Work shall not begin until the AHA for the work activity has been accepted by the

COR and discussed with all engaged in the activity, including the Contractor, subcontractor(s), and Government on-site representatives.

(3) The names of the Competent/Qualified Person(s) required for a particular activity (for example, excavations, scaffolding, fall protection, other activities as specified by EM 385-

1-1) shall be identified and included in the AHA. Proof of their competency/qualification shall be submitted to the contracting officer or COR for acceptance prior to the start of that work activity. The AHA shall be reviewed and modified as necessary to address changing site conditions, operations, or change of competent/qualified person(s).

U.S. Embassy Brussels 19BE2026Q0065

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE

(FEB 2015)

(a) The Department of State observes the following days as holidays:

• New Year's Day

• Martin Luther King's Birthday

• Washington's Birthday

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

(b) When New Year's Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the following Monday is observed; when it falls on Saturday, the preceding Friday is observed.

Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative.

(d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided.

(e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor's accounting policy.

U.S. Embassy Brussels 19BE2026Q0065

U.S. Embassy Brussels 19BE2026Q0065

ATTACHEMENT B

SECTION 3 – SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023) IS INCORPORATED BY

REFERENCE (SEE SF-1449, BLOCK 27A)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

(SEP 2023)

DEADLINE OF SUBMISSION OF PROPOSALS

The proposals shall be submitted as soon as possible but not later than 14:00 hours Central

European Time (CET) on May 9th, 2026, to the Contracting & Acquisition team at

Brusselsbids@state.gov. The subject should read “Proposal 19BE2026Q0065”. No proposals will be accepted after the time specified.

Submittal of Electronic Proposals:

Electronic offers/proposals shall be submitted in a format readable by Microsoft (MS) Word, MS

Excel, or Adobe PDF, as applicable. Individual email size shall not exceed 45 MB.

The Government shall not be responsible for an offeror being unable to successfully transmit emails due to any file size constraints of their email systems. Contractors shall ensure that emails have been transmitted and that messages have not been returned “undeliverable”.

Use of electronic depositories is not permitted (for example, Google Drive).

Definition. “Electronic proposal,” as used in this provision, means a proposal, revision, or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the

Government via electronic means.

The Government reserves the right to make award solely on the electronic proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror shall promptly submit the complete original signed proposal.

U.S. Embassy Brussels 19BE2026Q0065

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE

INCORPORATED BY REFERENCE:

Number Title

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation

52.204-7 System for Award Management—Registration

52.204-7 with Alt I System for Award Management—Registration, with Alternate I

52.204-90 Offeror Identification

52.207-6

Solicitation of Offers from Small Business Concerns and Small

Business Teaming Arrangements or Joint Ventures (Multiple-Award

Contracts)

52.209-12 Certification Regarding Tax Matters

52.219-2 Equal Low Bids

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End

Products

52.222-48

Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–

Certification

52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

52.223-4 Recovered Material Certification

52.225-2 Buy American Certificate

52.225-4 Buy American-Free Trade Agreements-Israeli…