19BE2026Q0004 - RFQ.pdf
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- Attached to
- J4 2026 Event Production Services Federal contract opportunity
- Solicitation number
- 19BE2026Q0004
- Issued by
- Department of State US Embassy Brussels
About this file
This is a Request for Quotations (RFQ) for event production and coordination services to support the July 4th, 2026 commemoration of the United States Semiquincentennial (250th Anniversary) at the U.S. Embassy Brussels.
The solicitation requires comprehensive event production and coordination services for a large-scale, multi-venue public diplomacy event expected to attract several thousand participants. The event will occur across three confirmed venues: Parc du Cinquantenaire (outdoor main event for up to 5,000 guests), Autoworld Museum (indoor VIP reception for up to 1,150 guests), and the Royal Museum of the Armed Forces and Military History. The contractor will assume primary responsibility for Parc du Cinquantenaire including site infrastructure, technical integration, permitting, and operational coordination, while the U.S. Mission retains direct responsibility for the two museums. Standard Event Services (CLINs 0001-0004) include project study and planning, pre-production activities, production execution, and post-production services, covering staging, audio-visual systems, lighting, power distribution, security, medical services, guest management, catering, permits, insurance, and site restoration. Additional optional Event Services (CLINs 1001-1013) available for selection include artist services, architectural lighting, laser equipment, special effects, drone shows, fireworks, DJ services, bar services, food truck coordination, LED screens, video mapping, and curated visual storytelling programs. The contract is structured as an Indefinite Delivery Indefinite Quantity (IDIQ) firm fixed-price agreement in Euros with a minimum contract value of €1,000 and maximum of €800,000 for the performance period of March 1, 2026 through July 10, 2026. Quotations are due by 14:00 CET on February 27, 2026, with award expected within 3 days. Evaluation criteria prioritize technical capability and strategic planning, prior experience and past performance (particularly at Cinquantenaire), company profile and financial capacity, and price, with technical factors weighted more heavily than cost. A mandatory site visit is scheduled for February 9, 2026 at 10:00am at Parc du Cinquantenaire. Value Added Tax (VAT) at 21% must be included in pricing, with the embassy to seek VAT exemption recovery through Belgian authorities.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SF30 - 19BE2026Q0004-P00002.pdf | ||
| Attachment B - W-14 Form.pdf | ||
| 19BE2026Q0004 - Question and Answer Form 1.pdf | ||
| SF30 -19BE2026Q0004-P00001.pdf | ||
| Attachment C - Third Country Nationals (TCNs).pdf | ||
| 19BE2026Q0004 - Question and Answer Form.pdf | ||
| Attachment A - J4 2026 Event Production Services.xlsx | XLSX spreadsheet | |
| Attachment A - J4 2026 Event Production Services.xlsx | XLSX spreadsheet | |
| 19BE2026Q0004 - RFQ Cover letter.pdf | ||
| 19BE2026Q0004 - Question Submission Form.pdf | ||
| Attachment B - W-14 Form.pdf | ||
| 19BE2026Q0004 - Experience and Past Performance Form.pdf |
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Text version
U.S. Embassy Brussels 19BE2026Q0004
SOLICITATION
DOCUMENT
July 4th, 2026 - Event production and coordination services
Solicitation No: 19BE2026Q0004
Contracting & Acquisition Office U.S. Embassy Brussels Regentlaan 25-27 Boulevard du Régent 1000 Brussels Belgium
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER)
THIS RFQ [] IS [x] IS NOT A SMALL BUSINESS-
SMALL PURCHASE SET-ASIDE (52.219-4)
PAGE
OF
PAGES
1. REQUEST NO.
19BE2026Q0006
2. DATE ISSUED
Jan. 29 2026
3. REQUISITION/PURCHASE REQUEST NO.
PR15786356
4. CERT. FOR NAT. DEF. UNDER
BDSA REG. 2 AND/OR DMS REG.
RATING
5A. ISSUED BY U.S. Embassy, Regentlaan 27 Boulevard du Régent, B-1000 Brussels, Belgium.
6. DELIVER BY (Date)
3 DAYS FROM AWARD
5B. FOR INFORMATION CALL: (Name and telephone no.) (No collect calls 7. DELIVERY
X FOB DESTINATION OTHER (See Schedule) NAME
Michael Abrahams BrusselsBids@state.gov
TELEPHONE NUMBER
AREA CODE
NUMBER
2 811 40 00
8. TO: 9. DESTINATION
a. NAME b. COMPANY a. NAME OF CONSIGNEE
U.S. Embassy Brussels
c. STREET ADDRESS b. STREET ADDRESS
Regentlaan 27 Boulevard du Régent
d. CITY e. STATE f. ZIP CODE c. CITY
Brussels
d. STATE
e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE ISSUING
OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF
BUSINESS (Date)
14:00 on Feb. 27 2026
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
July 4th, 2026 - Event production and coordination services
Job
12 DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
b. 20 CALENDAR DAYS
c. 30 CALENDAR DAYS
d. CALENDAR DAYS
NUMBER %
NOTE: Additional provisions and representations [X] are [ ] are not attached.
13 NAME AND ADDRESS OF QUOTER 14 SIGNATURE OF PERSON AUTHORIZED TO SIGN
QUOTATION
15 DATE OF QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS
16. SIGNER
c. COUNTY a. NAME (Type or print)
b. TELEPHONE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) AREA CODE
NUMBER
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (Rev. 6-95) Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE
• Continuation To SF-18, Prices, Block 11f p.4
• Continuation To SF-18, Schedule Of Supplies/Services, Block 11b
Description/Specifications/Work Statement p.7
SECTION 2 - CONTRACT CLAUSES
• Contract Clauses p.15
• Addendum to Contract Clauses - FAR and DOSAR
Clauses not Prescribed in Part 12 p.26
SECTION 3 - SOLICITATION PROVISIONS
• Solicitation Provisions p.37
• Addendum to Solicitation Provisions - FAR and DOSAR
Clauses not Prescribed in Part 12 p.41
SECTION 4 - EVALUATION FACTORS
• Evaluation Factors p.44
• Addendum to Evaluation Factors - FAR and DOSAR
Clauses not Prescribed in Part 12 p.45
SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS
• Offeror Representations and Certifications p.51
• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not
Prescribed in Part 12 p.75
SECTION 1 - THE SCHEDULE
Continuation/Addendum to SF-18
PRICES, BLOCK 11f
1.0 PERFORMANCE WORK STATEMENT
1.1 GENERAL
The US Embassy, Brussels requires the services of an event production & coordination company to support the implementation of July 4th 2026.
The Contractor shall complete all work, including furnishing all labor, material, equipment, and services, unless otherwise specified herein, required under this contract for stated services within the time specified herein. The price below shall include all labor, materials, overhead and profit.
In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a fixed price for all services.
1.2 CONTRACT TYPE
This Request for Quotations (RFQ) will result in an Indefinite Delivery Indefinite Quantity (IDIQ) firm fixed price contract.
1.3 CONTRACT TERM
The contract will be for a period between March 1, 2026, and July 10, 2026 and individual delivery orders shall be issued for specified services within the CLINs designated.
1.4 CONTRACT PRICING
The contract will be EURO.
2.0 PRICING
2.1 VALUE ADDED TAX
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.
2.2 STANDARD EVENT SERVICES
A B C D E F
CLIN DESCRIPTION UNIT PRICE VAT (21%) TOTAL PRICE
(D+E)
0001 PROJECT STUDY, DEVELOPMENT & PLANNING Job* 0002 PRE-PRODUCTION Job* 0003 PRODUCTION Job* 0004 POST-PRODUCTION Job*
TOTAL PRICES
2.3 ADDITIONAL EVENT SERVICES1
A B C D E F
CLIN DESCRIPTION UNIT PRICE VAT (21%) TOTAL PRICE
(D+E)
1001 ARTIST EXTRA SERVICES Job* 1002 ARCHITECTURE LIGHTING Job* 1003 LASER EQUIPMENT Job* 1004 FX - SMOKE & FLAMES Job* 1005 DRONE SHOW Job* 1006 FIREWORKS Job* 1007 LIVE DJ SET Job* 1008 BAR SERVICES Job* 1009 FOODTRUCK SERVICES Job* 1010 LARGE SCALE LED SCREENS Job* 1011 VIDEO MAPPING Job* 1012 CURATED PROGRAM - VISUAL STORYTELLING Job* 1013 ADDITIONAL DECORATIONS Job*
2.4 TOTAL ESTIMATED COST
A B C D
DESCRIPTION PRICE VAT 21% TOTAL PRICE
(B+C)
2.2 STANDARD EVENT SERVICES
2.3 ADDITIONAL EVENT SERVICES
1 Estimated quantity for evaluation purposes only. Actual number may be lower or higher than the estimates in the solicitation/contract.
*Estimated quantity for evaluation purposes only. Actual number may be lower or higher than the estimates in the solicitation/contract.
MINIMUM AND MAXIMUM AMOUNTS
During this contract period, the Government shall place orders totaling a minimum of € 1,000.00.
This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed € 800,000.00. This reflects the contract maximum for this period of performance.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
Continuation/Addendum to SF-18 SCHEDULE OF SUPPLIES/SERVICES, BLOCK 11b
DESCRIPTION/SPECIFICATION/WORK STATEMENT
1. INTRODUCTION
The U.S. Tri-Mission Brussels will deliver a flagship, high-impact public diplomacy event on June 28, 2026, commemorating the United States Semiquincentennial (250th Anniversary). This milestone celebration will be among the most visible U.S. government–hosted events in Europe in 2026 and is intended to showcase American history, diplomacy, democracy, and innovation with an emphasis on American leadership in the tech, science, and space fields. The event should also highlight bilateral cooperation with Belgium, the European Union and NATO allies.
The event is designed as a large-scale, multi-venue experience, combining outdoor and indoor activities, live music performances, immersive multimedia production, food and beverage services, and premium guest engagement. Attendance is expected to reach several thousand participants, including senior Belgian and international officials, diplomatic corps, military leadership, corporate partners, civil society, and families.
Confirmed Venues
• Parc du Cinquantenaire, Brussels
• Autoworld Museum, Brussels
• Royal Museum of the Armed Forces and Military History (War Museum)2, Brussels
The U.S. Mission will retain direct contractual responsibility for Autoworld Museum and the Royal Museum of the Armed Forces and Military History. The Contractor shall assume responsibility for Parc du Cinquantenaire, including site infrastructure, technical integration, permitting, and operational coordination, ensuring seamless interoperability across all locations.
1.1 Structure of Services
All pricing associated with the Standard Event Services and any exercised Additional Event Services shall be detailed in Attachment A – Cost Breakdown. Attachment A shall provide a comprehensive breakdown of costs by section and, where applicable, by CLIN, itemizing labor, materials, and overhead. Attachment A shall form an integral part of the Contractor’s proposal and the resulting contract with two distinct sections:
• Standard Event Services, which constitute the minimum required services to deliver a compliant, secure, and fully operational large-scale outdoor concert and associated VIP functions; and
• Additional Event Services, which represent optional, scalable enhancements that may be exercised by the U.S. Mission to expand the event into a full flagship, multi-experience celebration.
2 The War Museum will be closed to the public for the duration of the event, which requires the Embassy to pay a closure fee.
1.2 Core Event Components (Standard Event Services)
At a minimum, the Contractor shall be capable of delivering the following core components:
Indoor VIP Reception – Autoworld Museum (up to 1,150 guests)
• Stage production with professional audio-visual and lighting systems
• AV to keep the event location at a comfortable temperature (between 23 and 26
Celsius)
• Background music and video content
• Speeches and formal program elements
• Drinks service and passed appetizers
• Event décor and donor signage
Outdoor Main Event – Parc du Cinquantenaire (up to 5,000 guests, excluding VIPs)
• Outdoor stage production with full audio, lighting, and video systems
• Large outdoor video screen(s) and live broadcast capability
• Live music performances, speeches, and ceremonial presentations
• Dedicated VIP area with covered seating
• Guest arrival experience and visual walk-through
• Bars, staffing, and POS systems
General Event Services
• Invitation management and guest registration support
• Baseline event branding and visual identity
• Guest services, information booths, and wayfinding
• Security, access control, and crowd management
• Medical services coordination and on-site coverage
• Traffic flow planning, signage, and designated VIP drop-off zone
• Insurance coverage, including event cancellation and weather risk
• Sanitation services, waste management, and full post-event site restoration
Given the scale, visibility, and security profile of this event, the U.S. Tri-Mission requires a single prime contractor with demonstrated experience delivering complex, high-profile international events to world-class standards.
2. SCOPE OF WORK - STANDARD EVENT SERVICES
The Contractor shall provide all services necessary to deliver a fully compliant, safe, and operational large-scale concert-style event, including planning, pre-production, production, and post-production activities.
2.1 PROJECT STUDY, DEVELOPMENT & PLANNING
The Contractor shall:
• Act as the primary coordination and governance lead for all event phases
• Conduct site assessments for planning purposes
• Develop site layouts, production schematics, and audience flow plans
• Perform risk assessments covering security, weather, crowd density, technical, and operational risks
• Coordinate planning with U.S. Mission security personnel and Belgian authorities
• Develop a master production schedule, load-in/load-out plans, and run-of-show
• Prepare technical documentation for staging, AV, lighting, and power
• Conduct planning meetings, technical site visits, and rehearsals
• Coordinate subcontractors, vendors, in-kind donners and suppliers
2.2 PRE-PRODUCTION
The Contractor shall manage all detailed preparatory activities, including:
a) Permits, Authorizations & Compliance
• Secure all required municipal, regional, and national permits and authorizations
• Coordinate with city authorities, police, fire brigade, medical services, defense, and other regulatory stakeholders
• Ensure all technical certifications for staging, scaffolding, rigging, and audio-visual systems are obtained from approved and legally authorized entities
b) Sponsors & Activities
• Integrate approved in-kind donations and sponsor requirements into the event design;
• Coordinate on-site sponsor activities in line with Mission branding, security, and public diplomacy guidelines;
• Ensure activities do not interfere with crowd flow, security zones, or official programming.
• If in-kind donations replace part of a CLIN (e.g., fireworks, catering, media), Offerors must show both full-cost and adjusted pricing in their submission.
c) Guest Management & Protocol
• Create and manage invitations based on Mission-provided guest lists
• Implement registration, RSVP tracking, and guest accreditation processes
• Design VIP seating plans, protocol zones, and controlled-access areas
• Establish guest services infrastructure, including information booths and help desks
• Define pedestrian circulation, traffic flow, and VIP drop-off logistics with appropriate signage
d) Catering & Hospitality Planning
• Develop catering concepts and menus for the VIP reception at Autoworld Museum.
• Develop staffing plans for catering operations, service flow, and continuous cleaning during all event phases.
• Note: Food truck services for the general audience are excluded from Standard Event
Services and may be added under Section 3.1.i if exercised by the U.S. Mission.
e) Event Visual Identity, Programming & Communications
• Design a visual arrival experience for guests
• Develop statement visual moments for the main outdoor event
• Coordinate with guest speakers, performers, and presenters
• Coordinate all audio-visual and technical requirements of musical performance artists
• Design and produce signage, stage branding, wayfinding, printed and digital assets, and venue decorations
• Develop a detailed event timeline integrating speeches, ceremonial presentations, flyovers, drone shows, fireworks, and live performances
• Develop and coordinate a press and media plan, including materials and logistics
f) Credentialing & Access Control
• Design and implement multitier credentialing systems (passes, wristbands, badges) for ingress and egress
• Define zoning and access levels for staff, Mission personnel, performers, VIPs, press, and public guests
g) Technical Engineering & Broadcast
• Produce detailed technical designs for audio, video, lighting, staging, and power across all venues
• Develop power distribution, backup, and redundancy systems
• Develop and coordinate an air-conditioning plan for Autoworld Museum
• Coordinate load-in and load-out schedules across all sites
• Coordinate live broadcast and recording of the main outdoor event
h) Health, Safety & Risk Management
• Develop comprehensive safety, emergency, and evacuation plans
• Coordinate on-site medical services and emergency response protocols
• Plan enhanced crowd control, security deployments, and monitoring procedures in coordination with the embassy
i) Insurance
• Secure and manage all required insurance policies, including:
- Event cancellation (weather and force majeure)
- Third-party liability
- Equipment, asset, and infrastructure coverage
• Define cancellation terms, notification thresholds, and applicable refund mechanisms
2.3 PRODUCTION
The Contractor shall execute all on-site production and operational services, including:
• Stage & Infrastructure
• Construction and dismantling of stages, FOH platforms, sound towers, camera platforms, and accessibility platforms
• Set up bars and beverage stations respecting local regulations
• Installation of certified scaffolding and structural elements
• Audio, Lighting, Power & Video
• Professional concert-grade audio systems (FOH, monitors, delays)
• Stage and functional lighting systems
• Power generation and distribution with redundancy
• Multi-camera video capture, LED screens, and live broadcast support
• Artist, Backstage & Operations
• Green room setup and management
• Artist liaison and stage management in coordination with the embassy
• Separation of artist, VIP, and public circulation
• Staffing of all technical, logistical, and guest-facing zones
• Security, Medical & Crowd Management
• Deployment of trained security guards and stewards
• Crowd flow monitoring and incident response
• On-site medical teams and safety infrastructure
• Coordination with Embassy lead for in-kind donations and corporate donor contributions, where applicable.
• Restroom facilities appropriate for attendance type and length of event.
• Waste collection, recycling, and cleaning services.
• If Additional Event Services are exercised (e.g., fireworks, food trucks), sanitation scope shall be adjusted accordingly to cover added risk or consumption.
2.4 POST-PRODUCTION
The Contractor shall:
• Dismantle and remove all temporary infrastructure.
• Coordinate load-out and site clearance.
• Manage waste removal and final cleaning.
• Restore all venues to pre-event conditions.
• Conduct post-event debriefs and submit final reporting.
• If Additional Event Services are exercised, the Contractor shall provide a supplemental report assessing performance, operational impact, and lessons learned for each exercised option.
3. SCOPE OF WORK - ADDITIONAL EVENT SERVICES
The following services may be exercised individually or in combination to enhance the event beyond the standard package. Each enhancement includes all associated labor, materials, equipment, and technical integration required for delivery.
Note: Any selected enhancement that introduces operational, safety, or regulatory risk (e.g., drone shows, fireworks, special effects) must include corresponding updates to safety plans, insurance coverage, technical documentation, and coordination with authorities. These impacts must be documented and approved by the COR prior to execution.
3.1 ADDITIONAL SERVICES MAY INCLUDE
a) Artist Extra Services:
• Additional artist hospitality, staffing, logistics, or support services.
b) Architectural Lighting:
• Large-scale architectural, façade, and landscape lighting design and operation.
c) Laser Equipment:
• Laser show design, programming, certified operation, and safety compliance.
d) FX – Smoke & Flames:
• Special effects including smoke, haze, and flame units with certified operators.
e) Drone Light Show:
• Drone choreography, programming, aviation coordination, and operation.
f) Fireworks:
• Fireworks design, permitting, safety planning, and execution.
g) Live DJ Set:
• DJ performance coordination and technical integration.
h) Bar Services:
• Bar infrastructure, alcohol service management, staffing, and POS systems.
i) Food Truck Services:
• Coordination and operation of food truck offerings, power, and placement.
j) Additional Decorations:
• Scenic, decorative, and thematic enhancements beyond the standard package.
k) Large-Scale LED Screens:
• Wide-area LED installations and custom content playback.
l) Video Mapping:
• Projection mapping on buildings or structures, including content creation.
m) Curated Program – Visual Identity & Storytelling:
• The Contractor shall design and deliver a curated program focused on visual identity, thematic design, and narrative storytelling for specific event sections.
3.2 ADDITIONAL SCOPE MAY INCLUDE
When exercised, any of the optional services listed in Section 3.1 may vary in scope based on Mission requirements, venue conditions, safety constraints, and programmatic objectives. The level of effort for each service may impact labor hours, staffing profiles, materials, equipment, logistics, technical complexity, and overall cost.
Additional scope, as applicable, may include but is not limited to:
• Development of storytelling concepts aligned with America250 objectives and Mission messaging.
• Design and implementation of curated content zones highlighting U.S. history, innovation, diplomacy, science, technology, and space.
• Visual identity, scenographic, and experiential design for designated indoor and/or outdoor areas.
• Narrative sequencing and visitor flow planning to support crowd management and audience engagement.
• Integration of immersive media, displays, lighting, projection, and interactive installations.
• Incorporation of approved donor, sponsor, and partner recognition in accordance with Mission guidance.
All additional services are subject to COR direction and Mission approval, venue-specific limitations, applicable regulations, and availability of funding. No additional scope shall be performed without prior written authorization.
4. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
This plan provides an effective method to promote satisfactory contractor performance. The QASP 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 monitor quality to ensure that contract standards are achieved.
Performance Objective Scope of Work Paragraphs
Performance Threshold
Services.
Performs all July 4th 2026 - Event production and coordination services set forth in the scope of work.
_1_ thru _3_
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) [Note to Contracting Officer: Insert other number if desired] 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 Products and Commercial Services (NOV 2023), 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.
https://www.acquisition.gov/far/52.212-4
SECTION 2 - CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (DEVIATION AUG
2025) IS INCORPORATED BY REFERENCE. (SEE SF-18)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS–COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(OCT 2025)
(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 Covered Entities (Dec 2023) (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) 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:
_X_ (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.)
_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 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).
__ (17) [Reserved] __ (18) (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.
__ (19) (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.
__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) of 52.219-9.
__ (22) (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.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
__ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 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)).
__ (28) 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)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
__ (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).
__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (36) (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.
__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Oct 2025) (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).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( 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.)
__ (41) (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.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 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 (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
_X_ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
_X_(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).
_X_ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_(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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(13)).
__ (65) (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).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Oct 2025) (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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 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.
(xxv) 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.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 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 (Oct 2025). 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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(E) 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).
(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(G)__( 1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.
(Dec 2023) ( Pub. L. 115–390, title II).
__(2) Alternate I (Dec 2023) 52.204-30.
(H) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 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.
(I) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(J) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(K) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(L) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(M) 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.
(N) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(O) __ (1) 52.222-50, Combating Trafficking in Persons (Oct 2025) (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).
(P) 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).
(Q) 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).
(R) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).
(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(U)__ (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
__ (2) Alternate I (Jan 2017) of 52.224-3.
(V) 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).
(W) 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.
(X) 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.
(Y) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(Z) 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.
ADD THE FOLLOWING CLAUSE IN FULL TEXT:
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-o A court within the United States is able to exercise primary supervision over the administration of the trust; and o (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…
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