RFQ 19BR2525Q0026 - Mission Brazil LE Staff Occupational Health Provider.pdf

SENSITIVE BUT UNCLASSIFIED

Embassy of the United States of America

U.S. Embassy Brasilia March 06th 2025

To: Prospective Quoters

Subject: Request for Quotations number 19BR2525Q0026

Enclosed is a Request for Quotations (RFQ) for U.S. Mission Brazil locally employed staff Occupational Health Provider. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award a purchase order to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a purchase order contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

The Embassy intends to conduct a pre-quotation conference at the US Embassy Brasilia on March 19th, 2025 at 14:00 hrs. Prospective quoters should contact Mr. Paulo Figueira, via e-mail figueirapf@state.gov for additional information or to arrange entry to the building.

Quotations are due on April 18, 2025, by 4:00 PM local time. No quotations will be accepted after this time. Quotations must be in English and incomplete quotation will not be accepted

Your quotation submitted electronically to brasiliagsoprocurementdl@state.gov . It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS- Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-1449

2. Section I, Pricing

3. Section 5 Representations and Certifications

4. Additional information as required in Section 3

5. Proof of SAM Registration mailto:figueirapf@state.gov mailto:brasiliagsoprocurementdl@state.gov

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RFQ 19BR2525Q0026

Occupational Health Services for Mission Brazil

SENSITIVE BUT UNCLASSIFIED

Quoters shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/quotation as prescribed under FAR 4.1102.

Failure to be registered at time of quotation submission may deem the quoter’s quotation to be considered non-responsible and no further consideration will be given. Therefore, quoters are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Joel Mattson Contracting Officer https://www.sam.gov/

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Occupational Health Services for Mission Brazil

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19BR2525Q0026 Prices, Block 23

• Continuation To SF-1449, RFQ Number 19BR2525Q0026 Schedule of

Supplies/Services, Block 20 Description/Specifications/Work Statement

Section 2 - Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 4 - Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

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Occupational Health Services for Mission Brazil

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19BR2525Q0026

PRICES, BLOCK 27B

I. PERFORMANCE WORK STATEMENT

The Contractor shall perform services for the management of the occupational health program to the U.S. Mission in Brazil locally engaged Staff in accordance with all applicable laws and regulations and the U.S. Embassy local compensation plan for the U.S. Mission Brazil.

The price to be informed by the bidder shall include all labor, materials, overhead, and profit. The Government will pay the Contractor the fixed price per month for standard services that have been satisfactorily performed.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with 04 (four), one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

II. PRICING

The Contractor shall provide the services described below for the period of the contract, starting on the date of award for a one-year period and four one-year options. The fixed unit prices estimated quantities are as shown below.

The Contractor shall furnish to the Government, when and if ordered, the services as specified in this contract.

The prices specified below include all labor, materials, overhead, profit and transportation necessary to deliver the required items to the:

U.S. Mission in Brazil

HUMAN RESOURCES OFFICE

SES QD 801-LOT 03AV. Nações Brasilia, DF, BRAZIL

The contractor shall invoice the Embassy once a month via email submission to the Designated Billing Office (DBO) email address.

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Occupational Health Services for Mission Brazil

II. 1- PRICING BASE YEAR

CLIN SERVICE UNIT

UNIT

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

0001 Pre-Employment Examinations Each 80

0002 Periodic Health Assessments Each 950

Driver Assessment

Each 150

Return to Work Assessment

Each 40

Exit Medical Examination

Each 50

0006 Issuance of Occupational Health Certificates (ASOs)

Each 1000

Transmission of all occupational health and safety events to eSocial system

Month 1000

Total Estimated price in BRL All Taxes included – BASE YEAR

* The numbers are an estimate, and we can adjust them based on the number of active and recruited positions in the mission.

** The services must be provided mission wide, including the Embassy in Brasilia, the consulates in São Paulo, Rio de Janeiro, Recife and Porto Alegre; as well as the offices in Belo Horizonte, Manaus, Belem and Salvador.

CLIN 0001 –The pre-employment occupational health examination is a mandatory requirement for all employees hired for Mission Brazil. It must be completed before their official start date and onboarding. The examinations should be conducted in the cities where the employees are being hired.

CLIN 0002 – The periodic occupational health examination is a mandatory requirement for all employees. It must be conducted at regular intervals to ensure compliance with health and safety standards. These examinations should take place in the cities where the employees are located.

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Occupational Health Services for Mission Brazil

CLIN 0003 – The periodic health examination for drivers is a more comprehensive assessment, which must include specific blood pressure assessment, vision evaluation, among others.

CLIN 0004 – This is the return-to-work medical examination required for all employees returning from extended sick leave. After receiving clearance from their private physician, employees must undergo this examination to confirm their fitness for duty before resuming work.

CLIN 0005 – This is the exit medical examination, required for all employees upon termination of employment. It serves to document the employee's health status at the end of their length of work, ensuring compliance with legal and regulatory obligations. These examinations should take place in the cities where the employees are located.

CLIN 0006 – This involves the issuance of ASOs (Occupational Health Certificates), which are mandatory documents that certify an employee's fitness for work. ASOs are issued following medical examinations, including admission, periodic, return-to-work, and exit exams, ensuring compliance with occupational health regulations.

CLIN 0007 – This involves the transmission of all Occupational Health and Safety events to eSocial, ensuring compliance with legal obligations.

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II.2- PRICING OPTION YEAR ONE

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

1001 Pre-Employment Examinations Each 90

1002 Periodic Health Assessments Each 960

Each 160

Each 45

Each 55

1006 Issuance of Occupational Health health and safety events to eSocial system

Total Estimated price in BRL All Taxes included – OPTION PERIOD # 01

** The services must be provided mission wide, including the Embassy in Brasilia, the consulates in São Paulo, Rio de Janeiro, Recife and Porto Alegre; as well as the offices in Belo Horizonte, Manaus, Belem and Salvador.

CLIN 1001 –The pre-employment occupational health examination is a mandatory requirement for all employees hired for Mission Brazil. It must be completed before their official start date and onboarding. The examinations should be conducted in the cities where the employees are being hired.

CLIN 1002 – The periodic occupational health examination is a mandatory requirement for all

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CLIN 1003 – The periodic health examination for drivers is a more comprehensive assessment, which must include specific blood pressure assessment, vision evaluation, among others.

CLIN 1004 – This is the return-to-work medical examination required for all employees returning from extended sick leave. After receiving clearance from their private physician, employees must undergo this examination to confirm their fitness for duty before resuming work.

CLIN 1005 – This is the exit medical examination, required for all employees upon termination of employment. It serves to document the employee's health status at the end of their length of work, ensuring compliance with legal and regulatory obligations. These examinations should take place in the cities where the employees are located.

CLIN 1006 – This involves the issuance of ASOs (Occupational Health Certificates), which are mandatory documents that certify an employee's fitness for work. ASOs are issued following medical examinations, including admission, periodic, return-to-work, and exit exams, ensuring compliance with occupational health regulations.

CLIN 1007 – This involves the transmission of all Occupational Health and Safety events to

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II.3- PRICING OPTION YEAR TWO

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

2001 Pre-Employment Examinations Each 90

2002 Periodic Health Assessments Each 960

Each 160

Each 45

Each 58

2006 Issuance of Occupational Health health and safety events to

Total Estimated price in BRL All Taxes included – OPTION PERIOD # 02

** The services must be provided mission wide, including the Embassy in Brasilia, the consulates in São Paulo, Rio de Janeiro, Recife and Porto Alegre; as well as the offices in Belo Horizonte, Manaus, Belem and Salvador.

CLIN 2001 –The pre-employment occupational health examination is a mandatory requirement for all employees hired for Mission Brazil. It must be completed before their official start date and onboarding. The examinations should be conducted in the cities where the employees are being hired.

CLIN 2002 – The periodic occupational health examination is a mandatory requirement for all

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CLIN 2003 – The periodic health examination for drivers is a more comprehensive assessment, which must include specific blood pressure assessment, vision evaluation, among others.

CLIN 2004 – This is the return-to-work medical examination required for all employees returning from extended sick leave. After receiving clearance from their private physician, employees must undergo this examination to confirm their fitness for duty before resuming work.

CLIN 2005 – This is the exit medical examination, required for all employees upon termination of employment. It serves to document the employee's health status at the end of their length of work, ensuring compliance with legal and regulatory obligations. These examinations should take place in the cities where the employees are located.

CLIN 2006 – This involves the issuance of ASOs (Occupational Health Certificates), which are mandatory documents that certify an employee's fitness for work. ASOs are issued following medical examinations, including admission, periodic, return-to-work, and exit exams, ensuring compliance with occupational health regulations.

CLIN 2007 – This involves the transmission of all Occupational Health and Safety events to

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II.4- PRICING OPTION YEAR THREE

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

3001 Pre-Employment Examinations Each 95

3002 Periodic Health Assessments Each 980

Each 170

Each 50

Each 60

3006 Issuance of Occupational Health health and safety events to

Total Estimated price in BRL All Taxes included – OPTION PERIOD # 03

** The services must be provided mission wide, including the Embassy in Brasilia, the consulates in São Paulo, Rio de Janeiro, Recife and Porto Alegre; as well as the offices in Belo Horizonte, Manaus, Belem and Salvador.

CLIN 3001 –The pre-employment occupational health examination is a mandatory requirement for all employees hired for Mission Brazil. It must be completed before their official start date and onboarding. The examinations should be conducted in the cities where the employees are being hired.

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CLIN 3002 – The periodic occupational health examination is a mandatory requirement for all employees. It must be conducted at regular intervals to ensure compliance with health and safety standards. These examinations should take place in the cities where the employees are located.

CLIN 3003 – The periodic health examination for drivers is a more comprehensive assessment, which must include specific blood pressure assessment, vision evaluation, among others.

CLIN 3004 – This is the return-to-work medical examination required for all employees returning from extended sick leave. After receiving clearance from their private physician, employees must undergo this examination to confirm their fitness for duty before resuming work.

CLIN 3005 – This is the exit medical examination, required for all employees upon termination of employment. It serves to document the employee's health status at the end of their length of work, ensuring compliance with legal and regulatory obligations. These examinations should take place in the cities where the employees are located.

CLIN 3006 – This involves the issuance of ASOs (Occupational Health Certificates), which are mandatory documents that certify an employee's fitness for work. ASOs are issued following medical examinations, including admission, periodic, return-to-work, and exit exams, ensuring compliance with occupational health regulations.

CLIN 3007 – This involves the transmission of all Occupational Health and Safety events to

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Occupational Health Services for Mission Brazil

II.5- PRICING OPTION YEAR FOUR

PRICE IN

BRL

WITHOUT

VAT

ESTIMATED

QUANTITY

ESTIMATED TOTAL

PRICE IN BRL ALL

TAXES INCLUDED

4001 Pre-Employment Examinations Each 99

4002 Periodic Health Assessments Each 990

Each 170

Each 55

Each 60

4006 Issuance of Occupational Health health and safety events to

Total Estimated price in BRL All Taxes included – OPTION PERIOD # 04

** The services must be provided mission wide, including the Embassy in Brasilia, the consulates in São Paulo, Rio de Janeiro, Recife and Porto Alegre; as well as the offices in Belo Horizonte, Manaus, Belem and Salvador.

CLIN 4001 –The pre-employment occupational health examination is a mandatory requirement for all employees hired for Mission Brazil. It must be completed before their official start date and onboarding. The examinations should be conducted in the cities where the employees are being hired.

CLIN 4002 – The periodic occupational health examination is a mandatory requirement for all

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CLIN 4003 – The periodic health examination for drivers is a more comprehensive assessment, which must include specific blood pressure assessment, vision evaluation, among others.

CLIN 4004 – This is the return-to-work medical examination required for all employees returning from extended sick leave. After receiving clearance from their private physician, employees must undergo this examination to confirm their fitness for duty before resuming work.

CLIN 4005 – This is the exit medical examination, required for all employees upon termination of employment. It serves to document the employee's health status at the end of their length of work, ensuring compliance with legal and regulatory obligations. These examinations should take place in the cities where the employees are located.

CLIN 4006 – This involves the issuance of ASOs (Occupational Health Certificates), which are mandatory documents that certify an employee's fitness for work. ASOs are issued following medical examinations, including admission, periodic, return-to-work, and exit exams, ensuring compliance with occupational health regulations.

CLIN 4007 – This involves the transmission of all Occupational Health and Safety events to

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II.6- ESTIMATED GRAND TOTAL IN BRL ALL TAXES INCLUDED

Base year Option year one (1) Option year two (2)

Option year three (3) Option year four (4)

GRAND TOTAL - Base plus all option years

III. VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates and is not applicable in Brazil. Should it become applicable, it shall be priced as a separate Line Item in the contract and on Invoices.

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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 occupational health set forth in the scope of work.

See Block 20

All required services are performed and no more than four (1) customer complaint is received per month.

1. SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

2. STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.

3. PROCEDURES.

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

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(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.

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CONTINUATION TO SF-1449,

RFQ NUMBER 19BR2525Q0026

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I- SCOPE

The U.S. Mission in Brazil wishes to implement occupational health services for approximately 950 locally employed staff. This program shall be effective within 30 days of contract award, or on the earliest date possible post award.

II- SPECIFICATIONS

3.1- General

The contractor shall designate a professional to serve as the primary point of contact (POC) for the Contracting Officer Representative (COR) and Human Resources team at posts, providing guidance of clinics and overseeing service delivery. This professional will also be responsible for coordinating all requested services, including liaison with the medical providers, safety engineering and any other necessary request. This should be available every business day.

The service shall be coordinated between the Point of Contac (POC) provided by company and the Contracting Officer Representative (COR). Clinic services must be available in all cities of the diplomatic mission.

Invoices validation, discussion regarding performance, and potential complaints shall be addressed between the POC and the COR.

3.2- Expected Response Time

E-mail responses: General inquiries should be addressed within 24 business hours. For urgent matters, a response time of 4-8 business hours is expected.

Service Request: Complex requests requiring assessment or additional coordination should have an initial response within 2 business days, with periodic update on progress.

3.3- Program Management

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3.3.1 – Occupational Health Program for locally Employed staff

The U.S Embassy, in collaboration with the contractor, will be responsible for managing the database and maintaining information related to occupational exams for employees. This includes ensuring the data is accurately updated and prepared for eSocial transmission.

The provider shall hold a meeting once a month, during which it must provide a report containing service statistics. This monthly meeting serves as an opportunity to address matters related to contract management and performance and also monitor demands.

3.4 - Confidentiality

All information received and transmitted by the Contractor shall be treated in accordance with the U.S privacy laws and in accordance with Brazilian law. The contractor shall agree to maintain strict professional confidentiality in accordance with such standards as may be set or approved by the U.S. Government, concerning any information related to performance of this contract. All employee data shall be treated and transferred in a secure manner. All documents generated by the Contractor under this contract shall become and remain the U.S. Government property.

Information provided by the U.S. Government shall be held strictly confidential and treated in a secure manner. Any records, correspondence or other material furnished to or generated shall be destroyed after 6 years.

3.5 - Quality

The Contractor shall ensure that all work meets the required standard of performance as described in this contract.

We expect clinic services to meet a minimum quality standard, ensuring that facilities are not only authorized to operate but also maintain a waiting and service time of no more than 30 minutes.

Additionally, the facilities should be in relatively close proximity to the Embassy and Consulates.

The U.S. Embassy shall provide the Contractor with all necessary data/ information within the schedule provided in the specification.

The contractor shall deliver services to the U.S. Embassy within the schedule.

The Contractor shall be evaluated on the number of issues raised by individual employees, its ability to solve them. The Contractor shall be expected to make good any losses incurred by an employee through errors attributable directly to the Contractor.

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SECTION 2 - CONTRACT CLAUSES

52.212-4 - CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449,

BLOCK 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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) 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).

__ (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].

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__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (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).

_X (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.

__ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (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 offerorr 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 (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (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. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

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__ (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, Post Award Small Business Program Representation (FEB 2024) ( 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) ( 15U.S.C. 637(a)(17)).

__ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

__ (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 (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (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.)

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__ (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 (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (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).

_X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

_X (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) ( 31 U.S.C. 3332).

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__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause

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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).

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 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 2015) (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 (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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(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 (MAY 2022) (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).

(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) 52.247-64, 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)

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-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

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(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)

(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W- 14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying.

In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request.

Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a

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revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE INCORPORATED BY

REFERENCE:

CLAUSE TITLE AND DATE

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB

2000) 52.228-3 WORKERS’ COMPENSATION INSURANCE (Defense Base Act) (JUL 2014)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR

2023)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.216-21 REQUIREMENTS…