RFQ BPA-Vehicle Maintenace.docx

US. Embassy Quito Date: April 29, 2026 Prospective Quoters

Subject: Request for Quotations number 19EC-75-26-Q-0001

Enclosed is a Request for Quotations (RFQ) for qualified automotive service provider to perform preventive and corrective maintenance on the U.S. Embassy’s Government-Owned Vehicles (GOVs), ensuring they remain safe, reliable, and mission-ready.

The Embassy of the United States in Quito will establish Blanket Purchase Agreements (BPAs) for qualified automotive service providers to perform preventive and corrective maintenance on the U.S. Embassy’s Government-Owned Vehicles (GOVs), ensuring they remain safe, reliable, and mission-ready.

The U.S. Government intends to award a Blanket Purchase Agreement (BPA) to one or more responsible companies submitting an acceptable quotation with fair and reasonable prices. We intend to award a BPA based on initial quotations, without holding discussions, although we may hold discussions with companies if there is a need to do so.

A BPA is an Agreement, not a contract, and neither party is bound by its terms and conditions. The Government is not obligated to purchase any definite amount under this BPA. If a need arises, an authorized representative of the Government may issue an order following the procedures outlined in the BPA. If the BPA-holder accepts the order, then a binding contract between the Government and BPA-holder will exist for that specific order. If the BPA-holder refuses to accept orders or furnish quotations in compliance with the terms of the Agreement, then it is likely that the Government will cancel the Agreement.

Purpose and Scope The BPA intends to standardize maintenance services for a mixed fleet of Chevrolet, Dodge, Ford, Nissan, Renault, and other GOVs. It covers both preventive, mileage-based maintenance and corrective repairs for light-, medium-, and heavy-duty vehicles, with all work performed at the contractor’s licensed facility upon approval of quotations by the Procurement Section.

Preventive Maintenance Program Preventive maintenance is structured around a detailed mileage-based schedule from 5,000 km up to 100,000 km. At lower mileage intervals, services focus on oil and filter changes, inspections (brakes, tires, belts, hoses, fluids, battery, underbody), and basic diagnostics. As mileage increases, additional tasks are added, including tire rotation and balancing, brake cleaning and fluid replacement, steering and suspension checks, cooling system tests and flushes, transmission and differential fluid services, fuel system cleaning, spark plug and fuel filter work, and timing belt inspections or replacement where required. Major services are defined at key intervals (e.g., 40,000 km, 50,000 km, 60,000 km, 80,000 km, 90,000 km, and 100,000 km) and include comprehensive diagnostics, safety inspections, and final reports.

Corrective Maintenance Beyond scheduled maintenance, the contractor will provide corrective repairs as needed for major vehicle systems. This includes engine, transmission, brake, electrical, suspension, air conditioning, cooling, and exhaust system repairs, all performed only after submission and approval of written estimates.

Parts, Standards, and Quality Assurance The contractor must use new OEM or equivalent-quality parts unless otherwise authorized, and work must be done by certified technicians in line with manufacturer recommendations and industry best practices. The Embassy retains the right to inspect completed work and require rework for any unsatisfactory services, ensuring consistent quality and compliance with the SOW.

Administration, Reporting, and Warranty All services require prior authorization via approved quotations and purchase orders issued by the Procurement Section. The contractor must provide detailed service records, lists of replaced parts, and all relevant warranty documentation for each job. A minimum 90-day labor warranty is required on all work, along with the full manufacturer warranty on installed parts, providing post-service assurance and traceability for the Embassy.

If you are interested in participating in this solicitation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit your proposal electronically to Quitoprocurement@state.gov making reference to "Quotation Enclosed – Vehicle Maintenance Services". 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 25MB. If the file size should exceed 25MB, the submission must be made in separate files and attached to separate emails with less than 25MB each. before 16H00 on June 29, 2026.

Direct any questions related to this RFQ to QuitoProcurement@state.gov

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

1. SF-1449

2. Section 1 Pricing

3. Section 5 Representations and Certifications

4. Additional information as required in Section 3

Sincerely, Matthew Madden Contracting Officer

Enclosure

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PR15989931

PAGE 1 OF

1 / 42

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19EC-75-26-Q-0001

6. SOLICITATION ISSUE DATE

April 29, 2026

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Matthew Madden

b. TELEPHONE NUMBER(No collect calls) 593-2-3985000

8. OFFER DUE DATE/ LOCAL TIME

June 29, 2026

9. ISSUED BY CODE

10. THIS ACQUISITION IS

American Embassy Quito Avigiras E12-170 y Eloy Alfaro Quito, Ecuador

|X| UNRESTRICTED

|_| SET ASIDE: % FOR

|_| SMALL BUSINESS |_| EMERGING SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS SMALL BUSINESS

|_| SERVICE-DISABLED VETERAN OWNED |_| 8(A)

NAICS:

SIZE STD:

DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB|_| RFP

15. DELIVER TO:

Code

16. Administered by:

American Embassy Quito

Ramon E. Best, Contracting Officer

17.a. CONTRACTOR/OFFEROR CODE FACILITY CODE

TELEPHONE NO:

18a. PAYMENT WILL BE MADE BY

General Services Office American Embassy Quito

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

ESTIM

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This Request for Quotation is for preventive and corrective maintenance services on the U.S. Embassy’s Government-Owned Vehicles (GOVs), ensuring they remain safe, reliable, and mission-ready. The Statement of Work ,and terms and conditions are in the attachment

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

|X| 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |X| ARE |_| ARE NOT ATTACHED.

|X| 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |X| ARE |_| ARE NOT ATTACHED.

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or Print)

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

PARTIAL

FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

38. S/R ACCOUNT NO.

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

TABLES OF CONTENTS

Request for Quotations No. 19EC-75-26-Q0001

SECTION 1 - THE SCHEDULE

* SF 1449 cover sheet

* Continuation to SF 1449, BPA

* Schedule of Supplies/Services, Block 20

* Attachment 1 Statement of Work

* Attachment 2 Pricing

SECTION 2 - CONTRACT CLAUSES

* Contract Clauses

* Addendum to Contract Clauses, FAR and DOSAR clauses not prescribed in Part 12

SECTION 3 - SOLICITATION PROVISIONS

* Solicitation Provisions

* Addendum to Solicitation Provisions - FAR and DOSAR clauses not prescribed in Part 12

SECTION 4 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS

* Offeror Representations and Certifications

* Addendum to Offeror Representations and Certifications

SECTION 1 - THE SCHEDULE

BLANKET PURCHASE AGREEMENT

(BPA) No.

ESTABLISHED BETWEEN US EMBASSY – QUITO

AND

THE BPA HOLDER:

[Identify firm name and address]

SAMPLE BPA

1. BPA Number

The American Embassy Quito invites you to enter into this BPA that establishes the terms and conditions applicable to future purchases of: Preventive and corrective maintenance on the U.S. Embassy’s Government-Owned Vehicles (GOVs), ensuring they remain safe, reliable, and mission-ready.

2. Expiration Date:

BPA expires on May, 31, 2031.

3. Embassy Estimate:

The Embassy estimates that the volume of purchases annually through this agreement will be from US$2,500.00 to US$40,000.00.

4. Terms and Conditions:

· The Embassy is not obligated to purchase any definite amount under this agreement.

· No single purchase will exceed USD US$ 5,000.00 or the equivalent in local currency.

· The total amount ordered under this agreement life will not exceed US$350,000 or the equivalent in local currency.

* The prices to the Government shall be as low or lower than those charged your most favored customers for comparable quantities under similar terms and conditions, in addition to any discount for prompt payment.

5. Authorized Employees

The following employees are authorized to place orders:

No other employee may place an order against this BPA unless authorized in writing by the Contracting Officer.

6. Delivery Tickets

All shipments/deliveries shall be accompanied by a delivery ticket or sales slip including the following information:

· name of supplier;

· BPA number;

· date of purchase;

· purchase number;

· itemized list of supplies or services furnished;

· quantity, unit price, and extension of each item, less applicable discounts;

· date of delivery or shipment;

· name of the authorized employee who placed the order.

7. Invoices

The BPA holder shall submit a summary invoice at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period. The invoice shall identify the delivery tickets covered therein, stating the total dollar value, and supported by recent copies of the delivery tickets.

8. FAR and DOSAR Clauses

The FAR and DOSAR clauses attached to this BPA shall apply to all purchases made under this BPA. In the event of an inconsistency between the provisions of this BPA and your invoice, the provisions of the BPA shall take precedence.

9. Acceptance

You are requested to acknowledge acceptance of this BPA, including its terms, conditions, and clauses, by signing and returning a copy to Matthew Madden, United States Embassy Quito, Avigiras E12-170 and Eloy Alfaro and by email to Quitoprocurement@state.gov .

Sincerely, Contracting Officer

BPA Accepted:

Signature

Date

(Typed/Printed Name and Title of Signer)

Please indicate the remittance or check mailing address in the space provided below if different from the address to which this agreement was addressed.

ATTACHMENT 1

STATEMENT OF WORK (SOW)

Blanket Purchase Agreement (BPA) – Vehicle Maintenance Services

1. Background The U.S. Embassy requires qualified automotive service providers to perform preventive and corrective maintenance for Government-Owned Vehicles (GOVs) operated by the Motor Pool. The fleet includes, but is not limited to, Chevrolet, Dodge, Ford, Nissan, and Renault vehicles.

2. Purpose The purpose of this BPA is to establish standardized maintenance services to ensure GOVs remain safe, reliable, and mission-ready through preventive and corrective maintenance.

3. Scope of Work The contractor shall provide preventive maintenance, diagnostic services, and corrective repairs for light- medium- and heavy duty GOVs. All work shall be performed at the contractor’s facility upon approved quotation by the Procurement Section.

4. Preventive Maintenance Program (Mileage-Based) Maintenance shall be performed according to mileage.

4.1 – 5,000 km Service (Minor)

· Engine oil and oil filter replacement

· Air filter inspection/replacement (if required)

· Brake visual inspection

· Tire pressure check

· Belts and hoses inspection

· Battery inspection

· All fluid level check/top-off

· Underbody inspection

· Diagnostic scan (if applicable)

4.2 – 10,000 km Service Includes 5,000 km services, plus:

· Tire rotation

· Wheel nut torque check

· Cabin filter inspection

· Steering, suspension, and exhaust inspection

4.3 – 15,000 km Service Includes 10,000 km services, plus:

· Engine air filter replacement (if needed)

· Throttle body cleaning (if applicable)

· Fuel system inspection

· Lubrication of moving parts

· Basic alignment check

4.4 – 20,000 km Service Includes prior services, plus:

· Oil and filter change

· Brake fluid condition check

· Coolant test

· Transmission fluid level check

· Tire balance check

4.5 – 25,000 km Service Includes prior services, plus:

· Detailed brake cleaning and inspection

· Suspension torque check

· Steering system inspection

· Fuel leak inspection

· Wheel alignment check

4.6 – 30,000 km Service Includes prior services, plus:

· Fuel filter replacement (if applicable)

· Spark plug check/replacement (gasoline engines)

· Transmission inspection

· Differential fluid inspection (if applicable)

4.7 – 35,000 km Service Includes prior services, plus:

· Engine and cabin filter replacement

· Cooling system pressure test

· Battery load test

· Emissions system inspection

4.8 – 40,000 km Service (Major) Includes prior services, plus:

· Brake fluid replacement

· Cooling system flush (as required)

· Drive belt inspection/replacement

4.9 – 45,000 km Service Includes prior services, plus:

· Transmission fluid replacement (if required)

· Power steering fluid service

· Differential fluid service (if applicable)

· Full undercarriage inspection

4.10 – 50,000 km Service (Major) Includes prior services, plus:

· Full diagnostics scan

· Road test

· Complete safety inspection

· Service report

Extended Mileage Maintenance

4.11 – 55,000 km Service Includes:

· Engine oil and filter change

· Brake inspection

· Tire rotation

· Suspension and steering inspection

· Fluid level checks

4.12 – 60,000 km Service (Major) Includes all 55,000 km services, plus:

· Transmission fluid replacement (per manufacturer)

· Differential fluid replacement (if applicable)

· Brake fluid replacement (if applicable)

· Fuel system cleaning

4.13 – 65,000 km Service Includes:

· Oil and filter change

· Air and cabin filter inspection

· Belt and hose inspection

· Electrical system inspection

4.14 – 70,000 km Service Includes:

· Tire rotation and balancing

· Brake inspection/service

· Steering and suspension inspection

· Alignment check

4.15 – 75,000 km Service Includes:

· Oil and filter change

· Fuel filter replacement (if applicable)

· Comprehensive cooling system inspection

· Exhaust system inspection

4.16 – 80,000 km Service (Major) Includes all 75,000 km services, plus:

· Spark plug replacement (if applicable)

· Timing belt/chain inspection (replace if required)

· Throttle body/fuel injector cleaning

· Full diagnostic scan

4.17 – 85,000 km Service Includes:

· Oil and filter change

· Brake system cleaning

· Suspension and chassis inspection

· Battery load test

4.18 – 90,000 km Service (Major) Includes:

· Transmission system inspection

· Drive belt replacement (if required)

· Cooling system flush (if required)

· Power steering system service

4.19 – 95,000 km Service Includes:

· Oil and filter change

· Tire rotation

· Brake and exhaust inspection

· Steering and suspension check

4.20 – 100,000 km Service (Major) Includes:

· Comprehensive mechanical inspection

· Timing belt replacement (if required by manufacturer)

· Transmission fluid replacement

· Differential fluid replacement (if applicable)

· Full diagnostic system scan

· Complete safety evaluation and final report

5. Corrective Maintenance Services The contractor shall provide corrective repairs including engine, transmission, brake, electrical, suspension, air conditioning, cooling, and exhaust repairs, upon approved written estimates.

6. Parts and Materials OEM (Original Equipment Manufacturer) or equivalent-quality parts shall be used. All parts must be new unless otherwise authorized.

7. Performance Standards Work shall be performed by certified technicians following manufacturer recommendations and industry best practices.

8. Quality Assurance The Embassy reserves the right to inspect work and request rework for any unsatisfactory services.

9. Place of Performance Services shall be performed at the contractor’s licensed facility unless otherwise approved.

10. Ordering and Payment Services must be authorized after quotation and purchase order (PO) approved by the Procurement Section.

11. Reporting The contractor shall provide service records, replaced parts lists, and warranty documentation.

12. Warranty Minimum 90-day labor warranty and manufacturer warranty on all parts.

ATTACHMENT 2

PRICING

PROPOSED PRICE FOR SERVICES

PREVENTIVE MAINTENANCE

CORRECTIVE MAINTENANCE

SPARE PARTS

Reference

Per SOW section 6

Per SOW section 6

Per SOW section 6

Per SOW section 6

Per SOW section 6

SECTION 2 - CLAUSES FOR BLANKET PURCHASE AGREEMENTS

AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) IS INCORPORATED BY REFERENCE (SEE SF-1449, BLOCK 27B)

ADDENDUM TO 52.212-4

NONE

Paragraph (b), check as appropriate:

(1) Check if requirement exceeds $250,000.

(2) Check if requirement exceeds $6 million and the performance period is 120 days or more.

(3) Not Applicable overseas, for use with Recovery Act Funds.

(4) Check (except solicitations and contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community (see 3.900(a)).

(5) Check if requirement exceeds $30,000

(6) Reserved (7-8) Only applicable to U.S. firms

(9) Check

(10) Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts where FASCSA orders are applied at the order level

(11) Check https://www.acquisition.gov/far/4.2306#FAR_4_2306

(12) Check if requirement exceeds $35,000

(13) Check if requirement exceeds $600,000

(14) Reserved (15-30) Not applicable

(31) Not applicable unless purchased from the Federal Prison Industries and over the micro-purchase threshold.

(32) Applicable to all acquisitions over micro-purchase threshold (33-34) Check if requirement is for supplies exceeds $10,000 and is awarded to a U.S. firm, or is for services exceeds $10,000 and is awarded to a U.S. firm whose employees performing the work were recruited within the U.S.

(35-36) Do not check if both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, or Wake Island. Otherwise, contact your A/GA Desk Officer for instructions.

(37) Check if you have included clause 52.222-35

(38) Do not check since you are contracting only for work that will be performed outside of the United States. If some of your work will be performed inside the U.S., contact your A/GA Desk Officer.

(39) Check in all solicitations and contracts

(40) Check if some of the work will be performed inside the U.S., and the period of performance exceeds 120 days.

(41) Not applicable to commercially off the shelf items. In solicitations and contracts exceeding $150,000 that are for, or specify the use of, EPA-designated items containing recovered materials.

(42-43) Not applicable overseas (44-45) Not applicable overseas

(46) Check unless an exception or exemption applies https://www.acquisition.gov/far/23.109#FAR_23_109

(47) Only check when contractor employees will have system record access; create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise, handle PII; or design, develop, maintain or operate a system of records.

(48- 49) Not applicable

(50) Check if the requirement exceeds $174,000 and if the acquisition is covered by the WTO GPA (see FAR Subpart 25.4 for country specifics)

(51) Check this clause

(52) Not applicable (53-54) only applicable if the contracting officer set aside solicitations to allow only local firms (in a disaster zone) within a specific geographic area to compete. Check if applicable.

(55) Check this clause

(56) Check if over $250,000

(57) Check this clause

(58) Check this clause if the offeror has requested installation/progress payments and only after obtaining guidance from your A/GA Desk Officer.

(59) Check if payment will be made by EFT and the Contractor has registered in the SAM.

(60) Check if payment will be made by EFT or other means, e.g. check, and the Contractor has not registered in the SAM.

(61) Check if payment will be made by the Government wide commercial purchase card.

(62) Check in solicitations and contracts for information technology which require security of information technology, and/or are for the design, development, or operation of a system of records using commercial information technology services or support services.

(63) Check this clause

(64) not applicable

(65) Check if the order is for supplies that may involve ocean transportation: at least 50% of the gross tonnage must be transported on privately owned U.S-flag commercial vessels to the extent that such vessels are available at rates that are fair and reasonable for U.S-flag commercial vessels. Check Alternate I if 100% of the supplies will be transported on privately owned U.S-flag commercial vessels.

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”

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) 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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

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

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

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

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] __ (18)

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

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Jan 2025) of 52.219-9.

__ (22)

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__ (26)

(i) 52.219-28, Postaward Small Business Program Representation (Jan 2025) (15 U.S.C. 632(a)(2)).

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

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

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

__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34)

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

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

__ (35)

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

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

__ (36)

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (39)

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

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

__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47)

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

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48)

(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

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

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

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 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 (Nov 2007) (42 U.S.C. 5150).

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

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

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

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

__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

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

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65)

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

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

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

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

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

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

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

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

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

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

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

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

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

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

(e)

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (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).

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

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

(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).

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

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

(xxii)

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

COMMERCIAL ITEMS

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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

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

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS

(48 CFR CHAPTER1) CLAUSES ARE INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

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

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13…