Solicitation 19CB6025Q0013- Supply of Vehicle for U.S. Embassy Phnom Penh.pdf

EMBASSY OF THE UNITED STATES OF AMERICA

General Services Office July 02, 2025 #1, Street 96, Phnom Penh, Cambodia Tel: 023 728 000 Fax: 023 728 400

Dear Prospective Offerors:

SUBJECT: Solicitation 19CB6025Q0013: Request for Quotation for “the Supply of Vehicle (Brand name or equal)” for U.S. Embassy Phnom Penh

The U.S. Embassy Phnom Penh has a requirement for a vendor to supply vehicle (Brand name or equal). You are invited to submit a quotation. The Request for Quotations (RFQ) consists of the following sections:

1. Standard Form SF-18

2. Basic information, technical specifications, and product catalog

3. Proof of successful registration system for award management

The Embassy plans to award a purchase order. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors with regard to price quotations to be submitted. The RFQ does not commit the Embassy to make any award. The Embassy may cancel this RFQ or any part of it.

Please read the RFQ carefully, and if you are interested, submit your quotation. Your quotation must be submitted in sealed envelopes marked Quotation for “the Supply of Vehicles 2025 Toyota Land Cruiser (Brand name or equal) for U.S Embassy Phnom Penh to GSO-Procurement Section, # 1, Street 96, Phnom Penh, CAMBODIA or be sent by email to PhnomPenhProcurement@state.gov on or before 4:00 PM on July 18, 2025. Late quotations will not be accepted.

RFQs will be evaluated using the lowest price, technically acceptable (LPTA) method.

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.

Direct any questions regarding this solicitation to (PhnomPenhProcurement@state.gov).

Sincerely, Sehee Chung Contracting Officer

Enclosure:

As Stated.

Page 1 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ [ ] IS [x] IS NOT A SMALL BUSINESS-

SMALL PURCHASE SET-ASIDE (52.219-4)

PAGE

1 |

PAGES

1. REQUEST NO.

19CB6025Q0013

2. DATE ISSUED

July 02 2025

3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF. UNDER BDSA

REG. 2 AND/OR DMS REG. 1

RATING

5A. ISSUED BY General Services Office, U.S. Embassy Phnom Penh

#1, St. 96, Sangkat Wat Phnom, Phnom Penh

6. DELIVER BY (Date)

1-3 months after issuing order

5B. FOR INFORMATION CALL: (Name and telephone no.) (No collect calls) 7. DELIVERY

X FOB DESTINATION OTHER (See Schedule)NAME

Sehee Chung

Email: PhnomPenhProcurement@state.gov

TELEPHONE NUMBER

AREA CODE NUMBER

023 728 000

8. TO: 9. DESTINATION

a. NAME b. COMPANY a. NAME OF CONSIGNEE

U.S Embassy Phnom Penh

c. STREET ADDRESS b. STREET ADDRESS

#1, St. 96, Sangkat Wat Phnom

d. CITY e. STATE f. ZIP CODE c. CITY

Phnom Penh

d. STATE

e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING

OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF

BUSINESS (Date)

July 18, 2025 @ 4.00 PM

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Vehicle type: Toyota Land Cruiser LC300 ZX, 4WD, SUV Year made: 2025/2026 Exterior Color: Black or White Engine: 3.3 Liter Diesel, 6-Cylinder Fuel type: Diesel Transmission: Automatic, 10-Speed Left Hand Drive Fuel Tank Capacity: 80 Liters Seat capacity: 7-Seaters Door: 5 Doors (Brand name or equal)

01 Unit

12 DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR

DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER %

NOTE: Additional provisions and representations [] are [X] are not attached.

13 NAME AND ADDRESS OF QUOTER 14 SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15 DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS

16. SIGNER

c. COUNTY a. NAME (Type or print)

Sehee Chung

b. TELEPHONE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print)

Contracting Officer

AREA CODE

NUMBER

Standard Form-18

Page 2 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

I- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

No. Minimum Technical Specification Requirements (Brand name or equal) Qty (Unit)

1 Vehicle Type: TOYOTA LAND

CRUISER LC300 ZX, 4WD

Year: 2025/2026 Color: Black or White Engine: 3.3L Diesel, 6-Cylinder Fuel type: Diesel Transmission: Automatic, 10-Speed Left Hand Drive Fuel Tank Capacity: 80 Liters Seat capacity: 7-Seaters Door: 5 (Brand name or equal)

DESCRIPTION SPECIFICATIONS:

- Vehicle type: New Toyota Land Cruiser LC300 ZX, 4WD, SUV (Brand name or equal)

- Model Year: 2025/2026

- Exterior Color: Black or White

- Engine: 3.3 Liter Diesel, 6-Cylinder

- Transmission: Automatic, 10-Speed AT

- Left Hand Drive

- Fuel type: Diesel

- Fuel Tank Capacity: Liters: 80L

- Seat capacity: 7-Seaters with seatbelts including driver

- Body Type/Door: 5 Doors

DIMENSIONS AND WEIGHT

- Overall, L X W X H, (mm): 4,995 X 1,990 X 1,955 (Equivalent)

- Wheelbase (mm): 2,850 (Equivalent)

- Tread, Front / Rear: 1,667/1,668

- Ground Clearance (mm): 235

- Curb Weight (Kg): 2,540 - 2,645

- Gross Vehicle Weight (Kg): 3,230

CHASSIS & TIRE:

- Suspension

Front: Double Wishbone (New Stability Control) Rear: Four Link with Coil Spring (New Stability Control)

- Brake Front: Ventilated Disc Brake with Fixed Caliper 4-Cylinder Rear: Ventilated Disc Brake with Floating Caliper 1-Cylinder

- Minimum Turning Radius: Min/Effective (mm): 5.9/6.3

- Fuel Tank Capacity: Liters: 80L

- Tire And Disc Wheel: 265/55R20 (8J ALUMI)

- Wheel size: 20 inches

- Wheel spare tire: At least one

ENGINE

- ENGINE: F33A-FTV (3.3L) V6D-T (Diesel) / 6-CYLINDER 24-VALVES DOHC

- Piston displacement (cc): 3,346 (Equivalent)

- Max. Output (Kw (hp)/rpm): 225(302)/4000 (Equivalent)

- Max. Torque (Nm/rpm): 700/1600-2600 (Equivalent)

- Acceleration 0 To 100 Km/H (Sec.): 7.9

- Speed Limiter: 210km/H

- Fuel System: Fuel Injection

SAFETY

- VSC (Vehicle Stability Cont.): ABS+BA+ATRC+VSC+TSC+DAC+CRAWL+TA+MTS

- Vehicle Dynamic Management: VDIM

- Emergency Stop Signal: With (Hazard Lamp)

- SRS Air Bag System: D: SINGLE + P: DUAL, CSA: FR+RR1+RR2, SIDE: FR+RR1

- Back Monitor: PVM + Multi Terrain Monitor (4-Camera) + Washer

- Parking Support: CSR (FR4 + RR4) + RCTA + RCD

- Pre-Collision System: With

- Cruise Control: Full Speed Range ACC

- Lane Keeping Assist System: LTA + VIB

- Automatic High Beam: AHS

- Lane Change Assist: BSM (Long)+Sea

- Anti-Theft System: Immobilizer + Security Horn

- Tire Inflation Press. Warning: With (434MHZ ECE) (Equivalent)

- Child Restraint System: With (W/ Seat) X2

- Light Control System: With: 4P

EXTERIOR:

- Spare Wheel Carrier: Under (W/Lock),

- Front Side Glass: Green + Acoustic,

- Rear Side Glass: Gray Privacy Tempered

Page 3 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

- Rear Quarter Glass: Gray Privacy Tempered

- Rear Glass: Gray Privacy Tempered

- Radio Antenna: Glass Antenna (AM/FM + FM SUB)

- Wind Shield Wiper Control: Intermittent Washer + Rain Sensor

- Rear Window Wiper: With (Intermittent + Washer Control)

- Step & Step Cover: Full Cover + Illumination

- Outside Rear View Mirror: RM + AUTO RE + ECM + HEAT + REV + CMR + LIGHT + BSM (PLAT)

- Windshield Glass: Green W/Top Band + Laminated

- Door Outside Handle: Color + Plating

- Auto And Easy Closer Door: Back Door

- Headlamp: AHS + Sequential Turn

- Daytime Running Light System: With (Led) W/O Cut Off-Control

- Headlamp Cleaner: With + W/ First Time Link

- Headlamp Leveling: Dynamic Auto + Auto High Beam / Ahs

- Side Turn Signal Lamp: Side Turn (W/ Outer Mirror)

- Front Fog and Driving Lamp: LED

- Clearance Lamp: LED (W/Daytime Running Light System) + Welcome Light

- Rear Combination Lamp: All (LED) + Sequential Turn

- Mud Guards: FR: FULL COVER STEP + RR: AERO

- Roof Rail: With

- Towing Hitch: W/O

- Radiator Grille: Silver Painting + Plating

- Front Bumper: Aero + Plating

- Rear Bumper: Aero + Plating

- Rear Personal Lamp: LED

- Rear Spoiler: With

INTERIOR FEATURES:

- Steering Wheel: Leather + Imitation-Wood + VIB

- Steering Column: Electric Tilt + Telesco

- Power Steering: HPS + VSC + Steerage ACT

- Power Door Lock: With + Speed-Lock + Crackup Unlock

- Power Window: ALL DOOR ONE-TOUCH U/D + AUTO JAMPRO + REMOTE + SW PLATING

- Steering Switch: AUDIO + MID + TEL + VOICE + ACC + LDA (PLTING)

- Audio: EMV 12.3IN JBL 14SP/APPLE CAR PLAY /ANDROID AUTO

- EMV And Navigation System: EMV (W/ NAVI)

- Rear Audio: Dual Rear Seat Entertainment

- Audio Jack: USBX1+HDMI(FR)+HDMI(RSE)

- Wireless Charger: With (FR)

- Wireless Device Support: BLUETOOTH + WIFI

- Exhaust Emission Control: Diesel Euro4

- Engine Coolant: LLC 30%

- AVS: W/TEMS

- Wireless Door Lock: SMART ENTRY + PUSH START (ALL DOOR) + PBD + PANIC

- Easy-Access Power System: WITH (TILT + SEAT SLIDE) +TILT + SEAT + Autor Mirror Memory

- Key Plate: Smart Entry System

- Starting System: Push Start

- Integrated Sport Driving: 5-MODE + CUSTOMIZE

- Sun Visor: With (Vanity Mirror + LED LIGHT + SLIDE)

- Cool Box: Cool Box (Large)

- Over-Head Console: With (W/ Moon Roof)

- Glove Box: Lid Synthetic Leather

- Air Conditioner: Auto (4 Seat Independent Control)

- Seat Air Conditioner: D + P + RR Ventilation Type

- Air Cleaner: Square for V6D

- Minus Ion Generator: With (NANOE)

- Seat Material: Leather (Smooth)

- Front Seat: Power Separate Seat + D: Memory (3 Position)

- Front Seat Vertical Adjuster: D + P: Power

- Seat Lumber Support: D: Power

- Seat Back Pocket: With (Back Board)

- Seat heaters: FR + RR NO1

- Inside Rear View Mirror: Automatic Day & Night

- Speedometer: 12.3IN FULL TFT

- Head Up Display: With (240 X 90 Color)

- Knee Panel: D +P + KNEE A/B

- Owner’s Manual: English

Page 4 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

- Door Courtesy Lamp: FR + RR: LED

- Door Inside Handle: Plating

- Heater: 4 Seat Independent Control (2layer Blower)

- Heater Control Panel: Auto (4zone) + EMV Plating

- Rear Heater Control Panel: With (4zone) Plating

- Rear No.2 Seat: 5:5 For 2 Person Reclining / Power Fold

- Front Headrest: Anteroposterior Adjustable

- Rear Headrest: RR NO1: (3) + RR NO2: (2)

- Rear Arm Rest: With (RR NO1)

- Front Console Box: High (Film Carbon)

- Rear Console Box: Synthetic Leather

- Accessory Socket (12V): FR:1+RR:1

- AC Inverter Output: 220V/100W

- USB Charger: USB: FR (1) + RR1 (2) + RR2 (1)

- Sunroof And Moon Roof: Auto + Jam Protection + Remote Control

- Floor Carpet and Mat: Needle Punch

- Instrument Panel Centre Cluster: Plating

- Clock: Digital (On Meter)

- Multi Information Display: With (On Meter)

- Towing Package: W/O

- Door Trim: High (Film Carbon)

- Door Scuff Plate: FR + RR (SUS) + FR: Ornament

- Parking Brake: EPB (MOC W/Brake Hold)

- A/T Shift Lock System: With (Electrical)

- Luggage And Back Door: Hatch Door + PBD W/PRE LOCK SW + Kick Sensor

- Shift Lever and Knob: Leather Sequential (M-Mode)

- Speaker Grille: Premium

- Cup Holder: FR (2) + 2ND (2) + 3RD (4)

- Room Lamp: FR + RR1 + RR2: LED

- Assist Grip: Retractable (FR, 2ND, 3RD)

- Door Ajar Warning: With (All Door)

- Key Remind Warning: With

- Illuminated Entry System: IG SW LIGHT + ROOM LAMP + LOUNGE + IN HANDLE + FR + RR FOOT)

INCLUSIVE OPTION:

- Tint on all windows glasses but not the front windshield (is preferrable)

- Starting System: included Built-In Remote Engine Start (is preferrable)

- 01 each of Fire Extinguisher

- All weather rubber floor mats

- All weather rubber cargo mat

- Reverse Back up Camera

- First Aid Kit

- Emergency Reflective Triangles

PARTS AVAILABILITY:

- A Service Center of Vehicle Model and quality spare parts for the Vehicle Model must be available in the Phnom Penh market.

WARRANTY:

- At least three years on manufacturer defected parts and services or 60,000 km, whichever comes first. The vendor shall be responsible for all costs of replaced parts and laboring services on defected parts.

- Warranty Services must be available and based in Phnom Penh, Cambodia.

Note:

- Please provide country of origin of manufacturer

- Subject to being rejected from further evaluation, if its submissions fail to provide detailed specs for each bullet points of the above-mentioned technical specifications.

II- SPECIAL REQUIREMENTS:

- Prospective vendor must guarantee that all of the offered items are new “New ONLY”, must be in original packaging, never used, and not altered in any way. All components must be manufacturer- approved and may not be compatible, remanufactured “not factory refurbished”.

- Quotation shall be provided with the detailed technical specifications and including product brochure or catalog.

Page 5 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

- Quotation shall be provided with ETA delivery and warranty terms and delivery inspection.

Delivery Terms:

For Local and Oversea Vendors outside of United States:

- Delivery term is Door-to-Door, at the final destination of U.S Embassy Phnom Penh premise, address #1, St. 96, S/K Wat Phnom, Khan Daun Penh, Phnom Penh, Cambodia, with Certificate of Origin (Title).

- The ordered vehicle shall be delivered to the above destination within 1-3 months after issuing order.

- The Vendor will be responsible for all costs and charges such as shipping, transportation, custom clearances, any demurrage charges happening, etc until the above mentioned final destination.

- The vendor has an option to provide quoted prices that are all-inclusive and include Cost, Insurance and Freight

(CIF), and transportation to the U.S Embassy, Phnom Penh without Customs Duty, Tax, and VAT. The Embassy will issue Diplomatic Note – Tax Exemption letter to facilitate the clearance of the cargo with duty free but the Vendor must be responsible for all costs occurring for shipping, transportation, custom clearance processes, transportation, any demurrage charge, etc. until the complete delivery of vehicle at the bellow final destination after receiving the Diplomatic Note from the U.S Embassy Phnom Penh. Therefore, the price proposal is inclusive of all costs.

For US Vendors based in the United States:

- The quotation prices should be inclusive all costs of shipping, transportation, insurances etc and ship to Consolidated Receiving Point/U.S. despatch agencies addresses as bellow:

C/O LINCOLN MOVING & STORAGE

19018 62nd Ave S Kent, WA 98032 Tel: 425-251-5900

- We will add up approximately 20%-30% of the total cost to reserve and cover the Surcharge for transportation and custom clearances of Goods from CRP to the final destination at U.S Embassy Phnom Penh in the price comparison.

III- LATE DELIVERY AND PENALTY

In case that the Vendor fails to make delivery on time as stipulated in the Contract, with the exception of Force Majeure causes (Earthquake, flood, hurricane, typhoon, explosion, etc), the Embassy has the right to penalize the Vendor. This applies in case the delay of shipment is more than one week. The penalty, however, shall not exceed 5% of the goods involved in the late delivery. The penalty rate is charged at 0.5% for every seven days counting from 8th day of the delay, odd days less than seven days should be counted as seven days.

IV- SYSTEM FOR AWARD MANAGEMENT

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.

Per acquisition alert 25-10 to implement executive orders 14173 and 14168, include the following notice:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and

Page 6 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

V- PAYMENT TERMS

Payment will be made via EFT within 30 days upon receipt of goods in accordance with the Embassy’s purchase order.

Invoice shall be sent to:

Financial Management Officer # 1, St. 96, Sangkat Wat Phnom, Daun Penh Phnom Penh, Cambodia Email: PHPVoucher@state.gov

COMMERCIAL ITEMS

VI- CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS

AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2023-02, effective 03/2023)

COMMERCIAL ITEMS

Per acquisition alert 25-10 to implement executive orders 14173 and 14168, include the following provisions and clauses in full text, if applicable:

• 52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

• 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY

2024) (DEVIATION FEB 2025)

• 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

• 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025)

• 52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025)

• 52.222-9, Apprentices and Trainees (JUL 2005)(DEVIATION FEB 2025)

• 52-222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025

• 52-222-12 Contract Termination-Debarment (MAY 2014) (DEVIATION FEB 2025)

• 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order or BPA incorporates the following 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. Also, the full text of a clause may be accessed electronically at this address: Acquisition.gov this address is subject to change.

DOSAR clauses may be accessed at: https://acquisition.gov/dosar

Page 7 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY

CODE REPORTING

AUG 2020

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

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

MAR 2023

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

DEC 2022

52.223-17

AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

AUG 2018

52.225-19

CONTRACTOR PERSONNEL IN A DIPLOMATIC

OR CONSULAR MISSION OUTSIDE THE UNITED

STATES

MAY 2020

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE

DEC 2007

52.228-3 WORKERS’COMPENSATION INSURANCE JUL 2014

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD

INSURANCE

APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO

SMALL BUSINESS SUBCONTRACTORS

MAR 2023

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

MAR 2023

52.246-26 REPORTING NONCONFORMING ITEMS

NOV 2021

THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:

CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS (FEB 2023)

(a)Definitions. As used in this clause:

Covered article - The term "covered article" includes- (1)"Information and Communications technology" which means-

Page 8 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

(i)any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use of that equipment, or of that equipment to a significant extent in the performance of a service or the furnishing of a product.

(ii)computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; however, does not include any equipment acquired by a federal contractor incidental to a federal contract.

(2)"Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).

(3)"Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(4)“Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.

(b)Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The Contractor shall take all prudent actions and comply with all Government direction (as identified in paragraph (c)) to regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services affecting covered articles to the Government. The Contractor shall maintain artifacts that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request.

(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. The Government may perform a cybersecurity supply chain risk assessment at any time during contract administration to identity, assess, and monitor the cyber risks of the Contractor’s supply chain. The Contractor agrees that the Government may, at its own discretion, perform on-site assessments to collect information for the cybersecurity supply chain risk assessment. In performing the cybersecurity supply chain risk assessment, the Government may review any information provided by the Contractor, along with any other information available to the Government from public, unclassified, classified, or any other sources. Examples of information that the Government may collect for the cybersecurity supply chain risk assessment includes the following:

1. Functionality and features of covered articles, including access to data and information system privileges.

2. The user environment where a covered article is used or installed.

3. The ability of a source to produce and deliver covered articles as expected.

4. Foreign control of, or influence over, a source or covered article (e.g., foreign ownership, personal and professional ties between a source and any foreign entity or legal regime of any foreign country in which a source is headquartered or conducts operations).

5. Implications to Government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article.

6. Vulnerability of Federal systems, programs, or facilities.

Page 9 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

7. Market alternatives to the covered source.

8. Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization’s operations or mission.

9. Likelihood of a potential impact or harm, or the exploitability of a system.

10. Security standards of the supplier as demonstrated by cooperation with assessments.

11. Security, authenticity, and integrity of covered articles and their supply and compilation chain.

12. Capacity to mitigate risks identified.

13. Factors that could lead to inability of the supplier to provide security updates.

14. Factors that may reflect upon the reliability of other supply chain risk information.

15. Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.

(d) Non-Destructive and Destructive Testing. The Government may engage in non-destructive and/or destructive testing of any information system, equipment, and software to determine whether it will negatively affect the security or performance of a Department of State information system.

(e) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.

(f) Software Bill of Materials (SBOM) Requests. For software, within 10 business days of request by a Department of State representative, the Contractor shall submit a SBOM to a designated representative. This request may be requested on one (1) or more occasions and shall be delivered at no increase in contract price.

(g) SBOM Sharing Notice. The Contractor consents to the sharing of its SBOM data with other contractors, such as tool solution providers, for the sole purpose of mapping against known vulnerabilities.

(h) Notification procedures for cybersecurity supply chain events. When cybersecurity supply chain events occur, the Contractor must contact the Contracting Officer or his/her designee within 12 hours of the event.

(i) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.

(j) Vulnerability Exploitability eXchange (VEX). The Contractor is required to notify the Department of any discovered software vulnerabilities within 12 hours. Within three (3) days, they shall provide a report using a VEX format.

(k) Attestation following Major Version Change. Critical Software, as defined by National Institute for Science and Technology (NIST) Guidance, that is provided by the Contractor or subcontractors and is modified during the contract’s period of performance by a major version change (e.g., using a semantic versioning schema of Major.Minor.Patch, the software version number goes from 2.5 to 3.0) requires a new self-attestation. For indefinite delivery contract vehicles, this self-attestation must be provided for all critical software available for ordering on the contract vehicle when the software is modified during the contract vehicle’s ordering period of performance by a major version change. The Contractor shall either (i) post the new attestation in a publicly available internet location within 15 days of the major version change and provide the COR, or Contracting Officer if a COR is not appointed, with the internet link or

(ii) shall contact the COR, or Contracting Officer if a COR is not appointed, and request the agency’s current software self-attestation form and submit it to the Government within 15 days of the major version change. The self-attestation form will contain the following elements: (i) the software producer's name; (ii) a description of which product or products the statement refers to including the number of the major version change; and (iii) a

Page 10 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh] statement attesting that the software producer follows secure development practices and tasks consistent with NIST Guidance.

(End of clause)

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

EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (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].

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

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14)

(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.

__ (15)

(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.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 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 2021) of 52.219-9.

__ (18) (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.

__ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

Page 12 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAT 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 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)).

__ (24) 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)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

Per AA25-10, 52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025)

Per AA25-10, 52.222-9, Apprentices and Trainees (JUL 2005)(DEVIATION FEB 2025)

Per AA25-10, 52-222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025

Per AA25-10, 52-222-12 Contract Termination-Debarment (MAY 2014) (DEVIATION FEB 2025)

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32)

(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.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

_X_ (35) (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).

__ (36) 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.)

Page 13 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (43)

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

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (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 (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

Page 14 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

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

__ (50) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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 (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

_X_ (56) 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).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

Paragraph (c) is not applicable.

Paragraph (e) applies only if award is made to a U.S. firm:

(xix) Alternate I check if local law identifies “off-limits establishments”

(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).

Page 15 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

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

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

Page 16 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

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

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

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 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.

Page 17 of 42 19CB6025Q0013 – [Supply of Vehicle (Brand name or Equal) for US Embassy Phnom Penh]

(xxii) 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.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (FEB 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II ( MAR 2023 ). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(E) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.