Amendment01_RFQ19BR9326Q0017.pdf

(Dear Prospective Offeror:

Subject: Request for Quotes - 19BR9326Q0017

Enclosed is a Request for Quotes (RFQ) for two (02) Jeep Commander or similar, to the U.S. Consulate Sao Paulo. If you would like to submit a quotation, follow the instructions in Section 1 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form that follows this letter.

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

Quotations are due by May 27, 2026, COB. No quotations will be accepted after this time. Quotations must be in English and incomplete quotations will not be accepted.

Your quotation must be submitted electronically to SaoPauloProcurement@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 1, the Schedule

3. Proof of SAM Registration

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, GSO Procurement Sao Paulo Christine D. Bonds Contracting Officer mailto:SaoPauloProcurement@state.gov https://www.sam.gov/

05/07/2026

05/27/2026

19BR9326Q0017

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TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

SECTION 2 - CONTRACT CLAUSES

SECTION 3 - SOLICITATION PROVISIONS

SECTION 4 - EVALUATION FACTORS

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

SECTION 6 – EVALUATION FACTORS

SENSITIVE BUT UNCLASSIFIED

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER - 19BR9325Q0017

PRICES, BLOCK 23

I. SCOPE OF SERVICES

A. The U. S. Commercial Service is seeking to purchase one vehicle under a firm-fixed price type of contract. The price listed must include all labor, materials, overhead, profit, and transportation necessary to deliver the required item to the U.S. Consulate in Sao Paulo, Brazil. Price must be quoted in U.S.

Dollars. The vendor may offer any type of vehicles that meet all of the requirements. All offered products must be manufactured for the Brazilian market and be able to operate efficiently and cleanly on Brazilian gasoline/ hybrid flex fuel. Offered vehicles should be from the current model year (2025/2026).

B. The Contractor shall furnish and deliver a Toyota Corolla Cross- XRE flex or similar to the U.S. Consulate Sao Paulo, in accordance with the specifications and terms and conditions set forth herein.

Required features: • Must be manufactured for the Brazilian market

• Transmission: Automatic Transmission

• Electronic stability system

• Anti-lock braking system (ABS)

• Antislip regulation (ASR) or traction control system (TCS)

• Brake assist (BAS)

• Number of doors: 4

• Spare tires: one (1)

• Intermittent wipers: front & rear

• Dual Air Bags

• Anti-theft system: alarm & immobilizer

• Minimum number of seats: 5

• Seat material: Cloth upholstery

• Seat Type: Bucket seats

• Min. Number of cylinders: Four (4)

• Fuel Type: gasoline and flex fuel Additional Preferred Features:

• Fog lamps

• Repair manuals

• Power Windows

• Floor: Carpet Covering

• Air Conditioner: AC Cabin

• Audio: Radio, CD

• Lockable fuel lid

• Towing hook: front and rear, closed

C. All prices are in Brazilian reais.

D. The vehicle must be delivered to the Consulate within 45 days of the supplier’s receipt of the purchase order.

E. It is important that the vehicle have a network of authorized dealerships in Brazil, capable of performing periodic maintenance and manufacturer warranty services.

F. Prices VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

II. PRICES

Line I tem

D escription

U nit

U nit Price

E st. Quantity*

T otal Price

01 Jeep Commander or similar (*) 02

Grand Total (*)provided that it meets the specifications outlined in the SOW below

I. Scope of Supplies

The DHS/CBP Agency is seeking to purchase two (02) vehicles under a firm-fixed price type of contract.

The price listed must include all labor, materials, overhead, profit, and transportation necessary to deliver the required item to the U.S. Consulate in Sao Paulo, Brazil. Price must be quoted in U.S. Dollars. The vendor may offer any type of vehicle that meets all the requirements. All offered products must be manufactured for the Brazilian market and be able to operate efficiently and cleanly on Brazilian gasoline/ hybrid flex fuel. The vehicles offered should be from the current model year (2026) or 2027 model. It must have maximum headroom and legroom to accommodate tall passengers. And we need a brand that has dealers in Sao Paulo and Santos that are used with the financial system and payment terms from US Government in Brazil (EFT, NET 30 Days).

II. Pricing

Item Description Quantity Required Features Additional Preferred Features

Total Price2 (two) UNITS

1 Jeep Commander

Overland Gasoline or similar

1 • Must be manufactured for the Brazilian market

• Transmission:

Automatic Transmission

• Eletronic stability control system

• Anti-lock braking system

(ABS)

• Antislip regulation (ASR) or traction control system (TCS)

• Advanced brake assist

• Number of doors: 4

• Spare tires:

one (1)

• Intermittent wipers: front & rear

• Minimum of 07 Air Bags

• Anti-theft system: alarm & immobilizer

• Minimum number of seats: 7

• Seat material:

Leather or Sueden

• Seat Type:

Bucket seats

• Min. Number of cylinders: 270CV

• Fuel Type:

gasoline or flex fuel

• Min. Fuel tank capacity: minimum 60 liters

• Fog lamps

• Trunk organizer desirable

• Repair manuals

• Power Windows

• Floor: Carpet Covering

• Air Conditioner:

AC Cabin

• Audio: Radio, CD

• Lockable fuel lid

$99,000

• Electronic trunk opener with sensor system

• Minimum1680 mm

• maximum headroom and legroom to accommodate tall passengers.

• Parking proximity sensor

• ParkView rear backup camera

• Blind spot side mirror assist

• Tinted smash proof window tint

• Bluetooth/han ds free capability

• Antitheft device

• Rubber floor mats

• Automatic power window closure and automatic door lock

• Audio multimedia system with wireless Apple CarPlay/Android Auto

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(NOV 2021) 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

(SEP 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 1 0 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 3 1 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 1 9 U.S.C. 3805 note)).

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

(11) [Reserved].

(12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 1 5 U.S.C. 657a).

(13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 1 5 U.S.C. 657a).

(14) [Reserved]

(15)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 5 2.219-6.

(16)

(i) 5 2.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 1 5 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 5 2.219-7.

(17) 5 2.219-8, Utilization of Small Business Concerns (SEP 2023) ( 1 5 U.S.C. 637(d)(2) and (3)).

(18)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 1 5 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 5 2.219-9.

(iii) Alternate II (NOV 2016) of 5 2.219-9.

(iv) Alternate III (JUN 2020) of 5 2.219-9.

(v) Alternate IV (SEP 2023) of 5 2.219-9.

(19)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 1 5 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 5 2.219-13.

(20) 5 2.219-14, Limitations on Subcontracting (OCT 2022) ( 1 5 U.S.C. 637s).

(21) 5 2.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 1 5 U.S.C. 637(d)(4)(F)(i)).

(22) 5 2.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 1 5 U.S.C. 657f).

(23)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023)( 1 5 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 5 2.219-28.

(24) 5 2.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 1 5 U.S.C. 637(m)).

(25) 5 2.219-30, 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) ( 1 5 U.S.C. 637(m)).

(26) 5 2.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 1 5 U.S.C. 644(r)).

(27) 5 2.219-33, Nonmanufacturer Rule (SEP 2021) ( 1 5U.S.C. 637(a)(17)).

(28) 5 2.222-3, Convict Labor (JUN 2003) (E.O.11755).

(29) 5 2.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

(30) 5 2.222-21, Prohibition of Segregated Facilities (APR 2015).

(31)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

(ii) Alternate I (FEB 1999) of 5 2.222-26.

(32)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 3 8 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 5 2.222-35.

(33)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 2 9 U.S.C. 793).

(ii) Alternate I (JUL 2014) of 5 2.222-36.

(34) 5 2.222-37, Employment Reports on Veterans (JUN 2020) ( 3 8 U.S.C. 4212).

(35) 5 2.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(36)

(i) 5 2.222-50, Combating Trafficking in Persons (NOV 2021) ( 2 2 U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (MAR 2015) of 5 2.222-50 ( 2 2 U.S.C. chapter 78 and E.O. 13627).

(37) 5 2.222-54, 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 2 2.1803.)

(38)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 4 2 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 5 2.223-9 ( 4 2 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(39) 5 2.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(40) 5 2.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

(41)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 5 2.223-13.

(42)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 5 2.223-14.

(43) 5 2.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 4 2 U.S.C. 8259b).

(44)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 5 2.223-16.

(45) 5 2.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(46) 5 2.223-20, Aerosols (JUN 2016) (E.O. 13693).

(47) 5 2.223-21, Foams (Jun2016) (E.O. 13693).

(48)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

(ii) Alternate I (JAN 2017) of 5 2.224-3.

(49)

(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 4 1 U.S.C. chapter 83).

(ii) Alternate I (OCT 2022) of 5 2.225-1.

(50)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 1 9 U.S.C.

3 301 note, 1 9 U.S.C. 2112 note, 1 9 U.S.C. 3805 note, 1 9 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 5 2.225-3.

(iv) Alternate III (JAN 2021) of 5 2.225-3.

(v) Alternate IV (Oct 2022) of 5 2.225-3.

(51) 5 2.225-5, Trade Agreements (DEC 2022) ( 1 9 U.S.C. 2501, et seq., 1 9 U.S.C. 3301 note).

(52) 5 2.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(53) 5 2.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(54) 5 2.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 4 2 U.S.C. 5150).

(55) 5 2.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 4 2 U.S.C. 5150).

(56) 5 2.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(57) 5 2.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 4 1 U.S.C. 4505, 1 0 U.S.C. 3805).

(58) 5 2.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 4 1 U.S.C. 4505, 1 0 U.S.C. 3805).

(59) 5 2.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 3 1 U.S.C. 3332).

(60) 5 2.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 3 1 U.S.C. 3332).

(61) 5 2.232-36, Payment by Third Party (MAY 2014) ( 3 1 U.S.C. 3332).

(62) 5 2.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

(63) 5 2.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 1 5 U.S.C. 637(d)(13)).

(64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 4 6 U .S.C. 55305 and 1 0 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 5 2.247-64.

(iii) Alternate II (NOV 2021) of 5 2.247-64.

(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:

[Contracting Officer check as appropriate.]

(1) 5 2.222-41, Service Contract Labor Standards (AUG 2018) ( 4 1 U.S.C. chapter67).

(2) 5 2.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 2 9 U.S.C. 206 and 4 1 U.S.C. chapter 67).

(3) 5 2.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 2 9 U.S.C. 206 and 4 1 U.S.C. chapter 67).

(4) 5 2.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 2 9U.S.C.206 and 4 1 U.S.C. chapter 67).

(5) 5 2.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 4 1 U.S.C. chapter 67).

(6) 5 2.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 4 1 U.S.C. chapter 67).

(7) 5 2.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(8) 5 2.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(9) 5 2.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 4 2 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 5 2.215-2, 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) 5 2.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 4 1 U.S.C. 3509).

(ii) 5 2.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 5 2.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115-91).

(iv) 5 2.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 5 2.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) 5 2.219-8, Utilization of Small Business Concerns (SEP 2023) ( 1 5 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 1 9.702(a) on the date of subcontract award, the subcontractor must include 5 2.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 5 2.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 5 2.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 5 2.222-35, Equal Opportunity for Veterans (JUN 2020) ( 3 8 U.S.C. 4212).

(x) 5 2.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 2 9 U.S.C. 793).

(xi) 5 2.222-37, Employment Reports on Veterans (JUN 2020) ( 3 8 U.S.C. 4212).

(xii) 5 2.222-40, 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 5 2.222-40.

(xiii) 5 2.222-41, Service Contract Labor Standards (AUG 2018) ( 4 1 U.S.C. chapter 67).

(xiv)

(A) 5 2.222-50, Combating Trafficking in Persons (NOV 2021) ( 2 2 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 5 2.222-50 ( 2 2 U.S.C. chapter 78 and E.O. 13627).

(xv) 5 2.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 4 1 U.S.C. chapter 67).

(xvi) 5 2.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 4 1 U.S.C. chapter 67).

(xvii) 5 2.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 5 2.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 5 2.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)

(A) 5 2.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 5 2.224-3.

(xxi) 5 2.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 5 2.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 4 2 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 5 2.226-6.

(xxiii) 5 2.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 3 1 U.S.C. 3903 and 1 0 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 5 2.232-40.

(xxiv) 5 2.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 4 6 U.S.C. 55305 and 1 0 U.S.C. 2631). Flow down required in accordance with paragraph

(d) of FAR clause 5 2.247-64.

(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 1 2.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and

(c) of this clause".

Alternate II (SEP 2023). As prescribed in 1 2.301 (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) 5 2.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 4 1 U.S.C. 3509).

(B) 5 2.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(C) 5 2.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(D) 5 2.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(E) 5 2.204-27, Prohibition on a ByteDance Covered Application (JUN

2023) (Section 102 of Division R of Pub. L. 117-328).

(F) 5 2.219-8, Utilization of Small Business Concerns (SEP 2023) ( 1 5 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 1 9.702(a) on the date of subcontract award, the subcontractor must include 5 2.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(G) 5 2.222-21, Prohibition of Segregated Facilities (APR 2015).

(H) 5 2.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(I) 5 2.222-35, Equal Opportunity for Veterans (JUN 2020) ( 3 8 U.S.C. 4212).

(J) 5 2.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 2 9 U.S.C. 793).

(K) 5 2.222-40, 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 5 2.222-40.

(L) 5 2.222-41, Service Contract Labor Standards (AUG 2018) ( 4 1 U.S.C. chapter 67).

(M) (1) 5 2.222-50, Combating Trafficking in Persons (NOV 2021) ( 2 2 U.S.C. chapter 78 and E.O 13627).

(2) Alternate I (MAR 2015) of 5 2.222- 5 0 ( 2 2 U.S.C. chapter 78 and E.O. 13627).

(N) 5 2.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 4 1 U.S.C. chapter 67).

(O) 5 2.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 4 1 U.S.C. chapter 67).

(P) 5 2.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Q) 5 2.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(R) 5 2.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(S) (1) 5 2.224-3, Privacy Training (JAN 2017) ( 5 U.S.C. 552a).

(2) Alternate I (JAN 2017) of 5 2.224-3.

(T) 5 2.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(U) 5 2.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) ( 4 2 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(V) 5 2.232-40, Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) ( 3 1 U.S.C. 3903 and 1 0 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 5 2.232-40.

(W) 5 2.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 4 6 U.S.C. 55305 and 1 0 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

R EPRESENTATION (FEB 2021)

(a) Definitions. As used in this clause—

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C.

7701(a)(31)); and

(5) Any trust if-

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

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

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

(c)

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

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

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

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

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

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

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

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-

1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C.

5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

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

(1) Included in the contract price; nor

(2) Reimbursed.

http://www.irs.gov/w14

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

cquisition.gov

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:

C LAUSE T ITLE AND DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

http://www.irs.gov/help/tax-law-questions

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

(JUNE 2013)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (SEP 2023)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

6 52.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN

T HE UNITED STATES (JUL 1988)

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

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

6 52.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)

( AUG 1999)

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

(b) Invoice Submission. The Contractor shall submit invoices in an original and 1 copy to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

SECTION 3 - SOLICITATION PROVISIONS

Instructions to Offeror. Each offer must consist of the following:

1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Section 1 has been filled out.

2. The offeror shall provide proof of SAM registration to include the SAM UEI number;

ADDENDUM TO SOLICITATION PROVISIONS

FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1 998)

This solicitation incorporates one or more solicitation provisions 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 A cquisition.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 FAR SOLICITATION PROVISIONS ARE INCORPORATED BY

REFERENCE:

P ROVISION T ITLE AND DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG

2020)

6 52.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

(a) The Department of State’s Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:

(1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at A QMCompetitionAdvocate@state.gov.

(2) For all others, the Department of State Advocate for Competition at c at@state.gov.

(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition.

The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, [insert name] , at [insert telephone a nd fax numbers] . For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696 or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 1060, SA-15, Washington, DC 20520.

(End of provision) mailto:QMCompetitionAdvocate@state.gov mailto:at@state.gov

SECTION 4 - EVALUATION FACTORS

• Award will be made to the lowest priced, acceptable, responsible quoter. The quoter shall submit a completed solicitation, including Sections 1 and 5.

• The Government reserves the right to reject proposals that are unreasonably low or high in price.

• The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ.

(a) Past performance will be analyzed as an important factor to evaluate the quote, according to the FAR below: 15.101-2 Lowest price technically acceptable source selection process. The lowest price technically acceptable source selection process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. When using the lowest price technically acceptable process, the following apply: The evaluation factors and significant subfactors that establish the requirements of acceptability shall be set forth in the solicitation. Solicitations shall specify that award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. If the contracting officer documents the file pursuant to 15.304(c)(3)(iii), past performance need not be an evaluation factor in lowest price technically acceptable source selections. If the contracting officer elects to consider past performance as an evaluation factor, it shall be evaluated in accordance with 15.305. However, the comparative assessment in 15.305(a)(2)(i) does not apply. If the contracting officer determines that a small business’ past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in subpart 19.6 and 15 U.S.C. 637(b)(7)).

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2F15.304%23FAR_15_304&data=05%7C02%7CCanosMG%40state.gov%7C5aeff06ba3904cbc57cf08dd9d424820%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638839630189567817%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=mm45zwVBA6nrIGMGyciq9f9PGaFO6gYLAABaPPiho6I%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2F15.305%23FAR_15_305&data=05%7C02%7CCanosMG%40state.gov%7C5aeff06ba3904cbc57cf08dd9d424820%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638839630189597307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=%2BbNqvA0XoTqeRfGjBbw%2FB0g2O3RvJ4GaqcT4h2XpI4k%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2F15.305%23FAR_15_305&data=05%7C02%7CCanosMG%40state.gov%7C5aeff06ba3904cbc57cf08dd9d424820%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638839630189611376%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=jWaR9o%2FjLjCgsfr2Xj5KLLlyunNWSd71UWJdX1nEMtE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fsubpart-19.6%23FAR_Subpart_19_6&data=05%7C02%7CCanosMG%40state.gov%7C5aeff06ba3904cbc57cf08dd9d424820%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638839630189624434%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=NjSgG9tuzwL1G3DOu%2Fpk3Juxc6OKLDGrL1pxZEC%2Be1Y%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fuscode.house.gov%2Fview.xhtml%3Freq%3Dgranuleid%3AUSC-prelim-title15-section637(b)(7)%26num%3D0%26edition%3Dprelim&data=05%7C02%7CCanosMG%40state.gov%7C5aeff06ba3904cbc57cf08dd9d424820%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638839630189637261%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=GTP%2FJTLNS5izBPWO6wP7uOQ1sYhsv%2F5JMIecny9nuCI%3D&reserved=0

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

A ND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020).

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the…