RFQ_19FR6326Q0063_final.pdf

Embassy of the United States of America

U.S. Embassy PARIS April 14, 2026

Dear Prospective Offeror:

SUBJECT: Request for Quotes 19FR6326Q0063.

Enclosed is a Request for Quotes (RFQ) for Logistical Support Services to the U.S. Mission in France. If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on Standard Form 1449 that follows this letter.

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

The Embassy intends to conduct a pre-proposal conference on April 21, 2026, at 11:00 CET. Prospective offerors/quoters should contact B Bolognani, pariscontracting@state.gov by April 17, 2026, at 17:00 CET for additional information or to arrange entry to the building.

Quotations are due by May 18, 2026, at 17:00 CET. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

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

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

1. SF-1449

2. Section 1, Pricing

3. Section 5 Representations and Certifications

4. Additional information as required in Section 3

5. Proof of SAM Registration

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

Sincerely, CRAIG DEATRICK

Contracting Officer mailto:pariscontracting@state.gov mailto:Pariscontracting@state.gov https://www.sam.gov/

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19FR6326Q0063, Prices, Block 23

• Continuation To SF-1449, RFQ Number 19FR6326Q0063, Schedule Of Supplies/Services, Block

20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished

Property

SECTION 2 - CONTRACT CLAUSES

• Contract Clauses

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

SECTION 3 - SOLICITATION PROVISIONS

• Solicitation Provisions

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

SECTION 4 - EVALUATION FACTORS

• Evaluation Factors

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

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

SECTION 1 – SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19FR6326Q0063

PRICES, BLOCK 23

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010 NOTICE:

UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO AN

EXCISE TAX OF 2% PERSUANT TO 26 U.S.C. 5000C

1.1 PERFORMANCE WORK STATEMENT

A. The purpose of this firm fixed price purchase order is to for Logistical Support Services to the U.S. Mission in France in accordance with Attachment A.

B. The contract will be for a one-year period from the date of the contract award, with four one-year options.

II. PRICING

The Contractor shall provide the services described below for the period of the contract, starting on the date of award for one base year and two option years. The fixed unit prices estimated quantities are as shown below.

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

OFFERS AND PAYMENT IN EUROS OR US DOLLARS. U.S. firms are eligible to be paid in U.S. dollars.

U.S. firms desiring to be paid in U.S. dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company that operates as a corporation incorporated under the laws of a state within the United States.

The rates below shall include all direct and indirect costs, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The prices include all expenses and materials required to complete the work.

Base Period: The Contractor shall provide the services shown below for the period of the contract, starting on the date stated in the Notice to Proceed and on the task order for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are.

Base Year: Twelve (12) Months from September 1, 2026, to August 31, 2027.

PRICING SPREADSHEET

Contract Line Item Number

(CLIN) Description Of Services

Estimated Quantity per year

Volume in Cubic Meter processed per

Technician Price Per Volume

Excl. VAT in Euros

Total Firm-Fixed Price

Excl. VAT in Euros

Moving services including the use of a box van of about 20 m3 including driver / mover 60 5*

Moving services including the use of a box van of about 20 m3 including driver / mover 80 10*

Moving services including the use of a box van of about 20 m3 including driver / mover 150 1.5

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 30 5*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 20 10*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 100 1.5

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 5*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 10*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 10 1.5

0010 Rental of outside moving lift operated by specialist 10 Half day

0011 Rental of outside moving lift operated by specialist 5 Full day

0012 Moving services 150 5* 0013 Moving services 250 10*

0014 Moving services 200 1.5

0015 Moving services manually and by stairs 50 5*

0016 Parking Fees 25 Day 0017 Blankets 100 Unit

0018 Pallets 50 Unit 0019 Wrapping for pallets 25 Unit

0020 Bubble wrap 100 Unit

Total amount excl. VAT

VAT

Total amount incl. VAT

TOTAL ESTIMATED AMOUNT FOR TWELVE MONTHS INCL. VAT ___________________________________________________________

First Option Year:

The prices for the first option year of the contract are:

Option Term: Twelve (12) Months from September 1, 2027, to August 31, 2028.

(CLIN) Description Of Services

Estimated Quantity per year

Volume in Cubic Meter processed per

Technician Price Per Volume

Excl. VAT in Euros

Total Firm-Fixed Price

Excl. VAT in Euros

Moving services including the use of a box van of about 20 m3 including driver / mover 60 5*

Moving services including the use of a box van of about 20 m3 including driver / mover 80 10*

Moving services including the use of a box van of about 20 m3 including driver / mover 150 1.5

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 30 5*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 20 10*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 100 1.5

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 5*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 10*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 10 1.5

0010 Rental of outside moving lift operated by specialist 10 Half day

0011 Rental of outside moving lift operated by specialist 5 Full day

0012 Moving services 150 5* 0013 Moving services 250 10*

0014 Moving services 200 1.5

0015 Moving services manually and by stairs 50 5*

0016 Parking Fees 25 Day 0017 Blankets 100 Unit

0018 Pallets 50 Unit 0019 Wrapping for pallets 25 Unit

0020 Bubble wrap 100 Unit

Total amount excl. VAT

VAT

TOTAL ESTIMATED AMOUNT FOR TWELVE MONTHS INCL. VAT ___________________________________________________________

Second Option Year:

The prices for the second option year of the contract are:

Option Term: Twelve (12) Months from September 1, 2028, to August 31, 2029.

(CLIN) Description Of Services

Estimated Quantity per year

Volume in Cubic Meter processed per

Technician Price Per Volume

Excl. VAT in Euros

Total Firm-Fixed Price

Excl. VAT in Euros

Moving services including the use of a box van of about 20 m3 including driver / mover 60 5*

Moving services including the use of a box van of about 20 m3 including driver / mover 80 10*

Moving services including the use of a box van of about 20 m3 including driver / mover 150 1.5

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 30 5*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 20 10*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 100 1.5

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 5*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 10*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 10 1.5

0010 Rental of outside moving lift operated by specialist 10 Half day

0011 Rental of outside moving lift operated by specialist 5 Full day

0012 Moving services 150 5* 0013 Moving services 250 10*

0014 Moving services 200 1.5

0015 Moving services manually and by stairs 50 5*

0016 Parking Fees 25 Day 0017 Blankets 100 Unit

0018 Pallets 50 Unit 0019 Wrapping for pallets 25 Unit

0020 Bubble wrap 100 Unit

Total amount excl. VAT

VAT

TOTAL ESTIMATED AMOUNT FOR TWELVE MONTHS INCL. VAT ___________________________________________________________

Third Option Year:

The prices for the third option year of the contract are:

Option Term: Twelve (12) Months from September 1, 2029, to August 31, 2030.

(CLIN) Description Of Services

Estimated Quantity per year

Volume in Cubic Meter processed per

Technician Price Per Volume

Excl. VAT in Euros

Total Firm-Fixed Price

Excl. VAT in Euros

Moving services including the use of a box van of about 20 m3 including driver / mover 60 5*

Moving services including the use of a box van of about 20 m3 including driver / mover 80 10*

Moving services including the use of a box van of about 20 m3 including driver / mover 150 1.5

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 30 5*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 20 10*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 100 1.5

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 5*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 10*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 10 1.5

0010 Rental of outside moving lift operated by specialist 10 Half day

0011 Rental of outside moving lift operated by specialist 5 Full day

0012 Moving services 150 5* 0013 Moving services 250 10*

0014 Moving services 200 1.5

0015 Moving services manually and by stairs 50 5*

0016 Parking Fees 25 Day 0017 Blankets 100 Unit

0018 Pallets 50 Unit 0019 Wrapping for pallets 25 Unit

0020 Bubble wrap 100 Unit

Total amount excl. VAT

VAT

TOTAL ESTIMATED AMOUNT FOR TWELVE MONTHS INCL. VAT ___________________________________________________________

Fourth Option Year:

The prices for the fourth option year of the contract are:

Option Term: Twelve (12) Months from September 1, 2030, to August 31, 2031.

(CLIN) Description Of Services

Estimated Quantity per year

Volume in Cubic Meter processed per

Technician Price Per Volume

Excl. VAT in Euros

Total Firm-Fixed Price

Excl. VAT in Euros

Moving services including the use of a box van of about 20 m3 including driver / mover 60 5*

Moving services including the use of a box van of about 20 m3 including driver / mover 80 10*

Moving services including the use of a box van of about 20 m3 including driver / mover 150 1.5

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 30 5*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 20 10*

Moving services including the use of a heavy weight truck of about 30 m3 including driver / mover 100 1.5

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 5*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 2 10*

Moving services including the use of a heavy weight truck of about 50 m3 including driver / mover 10 1.5

0010 Rental of outside moving lift operated by specialist 10 Half day

0011 Rental of outside moving lift operated by specialist 5 Full day

0012 Moving services 150 5* 0013 Moving services 250 10*

0014 Moving services 200 1.5

0015 Moving services manually and by stairs 50 5*

0016 Parking Fees 25 Day 0017 Blankets 100 Unit

0018 Pallets 50 Unit 0019 Wrapping for pallets 25 Unit

0020 Bubble wrap 100 Unit

Total amount excl. VAT

VAT

TOTAL ESTIMATED AMOUNT FOR TWELVE MONTHS INCL. VAT ___________________________________________________________

Grand Total:

Base Year Total incl. VAT ________________ €

First Option Year Total incl. VAT ________________ € Second Option Year Total incl. VAT ________________ € Third Option Year Total incl. VAT ________________ € Fourth Option Year Total incl. VAT ________________ €

GRAND TOTAL incl. the base and option years incl. VAT ________________ €

III. VALUE ADDED TAX

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The VAT applicable to this contract is 20%.

IV. MINIMUM AND MAXIMUM AMOUNTS

During this contract period, the Government shall place orders totaling a minimum of 300.00 € incl. VAT. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed 330,000.00 € incl. VAT yearly. This reflects the contract maximum for this period of performance.

CONTINUATION TO SF-1449,

RFQ NUMBER 19FR6326Q0063

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. WORK REQUIREMENTS

1.1 General

The purpose of this indefinite delivery, indefinite quantity contract is to provide a variety of logistical support services to the U.S. Embassy in Paris. The Contractor shall furnish all managerial, administrative, technicians, materials and transportation that are necessary to accomplish all work as required by this contract. Contractor employees shall be on site only for performance of contractual duties. The U.S. Government requires a professional contractor compliant with all local French regulations including safety and environmental regulations, and as such, the contractor shall be ISO 14001 certified. Performance requirements for required work are described below.

1.2 Personnel

The Contractor shall provide a qualified work force capable of providing the services specified in this contract.

1.3 General Requirements

1.3.1 Definitions

"General Instructions" means those instructions, directives and guidelines that apply to all warehouse support service personnel.

"Client" means all United States mission personnel for whom the required services are to be rendered.

"COR" means the Contracting Officer's Representative, appointed in accordance with Section G of this contract.

"Government" means the Government of the United States of America unless specifically stated otherwise.

"Ordering Officer" means the Contracting Officer of the U.S. Post.

"Services" means the services performed, workmanship, and material furnished or utilized in the performance of the services.

“Work Order” means a task or work instructions given to the contracted work force with a specific timeline for completion. These are issued daily and indicate the routine actions that are expected of the contractor per the contract.

“GSO” means the General Services Office.

"Calendar Day" means the twenty-four hour period from midnight to midnight. Saturdays, Sundays and all holidays are considered calendar days.

1.3.2. General Instructions

The Contractor shall prepare general instructions for the work force. The Contractor shall provide drafts to the Contracting Officer’s Representative (COR) for review within thirty days after award of the contract. The COR must approve these general instructions before issuance.

1.4 Duties and responsibilities

1.4.1 These services shall support special events at the Post. Services may occur outside normal working hours (08:00 – 18:00). The Contracting Officer shall order these services as needed by issuing written task orders. This work shall be performed by trained professionals. The Contracting Officer may require the Contractor to provide the services with 48 hours advance notice. In emergency situations, the Contracting Officer may order temporary services orally and with less advance notice. Such orders will be confirmed in writing the following workday.

1.4.2 The Contractor shall include in its next regular invoices details of the services and, if applicable, optional materials provided and requested. The Contractor shall also include a copy of the task order requesting the services or at least indicate the task order number on the invoice.

2. TYPES OF SERVICES

2.1 Included

The Contractor shall provide moving, assembly, and event preparation services for the offices and residences of the US Embassy in Paris, France. The work will be carried out within the Ile de France region (primarily Paris and the close suburbs). Approximately two hundred and fifty residences and four office buildings are located primarily in the eight, sixteenth and seventeenth arrondissements of Paris as well as the suburbs of Neuilly and Boulogne. The contractor shall maintain a base of operations within forty kilometers of the Chancery building in the Paris eight arrondissement.

Logistical Support Services shall include the following:

a) The Contractor shall furnish all vehicles, licensed drivers, and additional moving services technicians as requested by the US Embassy. Each vehicle shall be equipped with at least one pallet jack and two dollies.

Workers will be requested for volumes of services for up to the maximum number of volumes prescribed in the contract. Drivers are expected to do all the lifting and manual work listed in the requirements. Drivers and Moving Services Technicians shall assist with deliveries and movement of appliances, furniture, or supplies to residences and offices; the tracking of movements with documents, and scanners; the assembly of furniture; the set-up of equipment and material for events; stocking and placing items in storage. The Contractor shall provide all necessary small supplies necessary to perform the services (such as tape, corners, scissors…) at no additional cost to the U.S. Embassy Paris.

All goods transported shall be packed and handled in such a way as to guarantee their integrity and avoid any damage.

The embassy's teams shall specify to the Contractor prior to furnishing services, when necessary, any particular requirement for the marking of certain goods at no additional cost to the Embassy.

b) The contractor shall remove and destroy the trash after the services are rendered at no additional cost to the Government.

c) Requirements of all drivers and additional moving services technicians include:

1. Each shall be qualified and able to assist in the movement of large and heavy property up to 105 kilos (the maximum weight authorized by law for moving services technicians).

For requests for technician(s) for assembling furniture requiring a minimum number of assembling tools (about five), the Embassy will not pay for the use of a vehicle.

2. Each shall possess and wear proper hard-toed safety shoes.

3. Each shall wear clothing and safety gear appropriate for the work described. Work can often include moving dusty or dirty machines. Workers may be exposed to cat or dog hair.

4. Each shall be able to work in teams to move appliances, furniture, and supplies. Candidates must be able to move heavy items in teams up or down stairs when a lift is not possible.

5. Each shall be able to use handling materials/equipment to safely move and shall be responsible for the correct and safe utilization, safekeeping and return of such equipment.

6. For access to facilities, each technician shall ensure they have their ID card on their person every day.

7. The ability to work independently on small deliveries, interact with limited customers and contacts, and report to the team leader accordingly.

8. The ability to compare tags to tracking documentation, make notations of differences, and create lists of items. The ability to use a scanner if asked.

9. Good knowledge of Paris area and streets to know alternate routes should primary routes be impassable or otherwise not the best alternative at any given time. Must be able to use contractor provided GPS to confirm addresses.

10. Must speak French well. Must know enough English for basic client interaction.

d) Each driver and additional moving services technician shall be familiar with the safe working procedures of their trade and shall continuously maintain and ensure:

1. Their own safety.

2. The safety of their working colleagues and those around them.

3. The safety and care of the items moved and physical spaces in which they will work.

4. That they will follow all safety rules regarding both the movement of items and the internal security rules of the Embassy as will be described on their first working day (for example, strict rules of accessing spaces).

e) The Contractor shall provide two-way communication equipment and GPS equipment such as cellular phones which shall be always available for use by the driver during the ordered performance of services.

f) Vehicles shall meet the following minimum requirements:

1. Each vehicle shall be clean and in good working order and with enough fuel to fill out the mission (it is the responsibility of the Contractor to refill the vehicles with fuel or provide the means to do so to their employee when necessary).

2. Each vehicle shall possess at least one pallet jack, two dollies, and five blankets for the purpose of moving items.

3. Each vehicle shall possess proper anchoring gear, so items do not move or shift during transit.

4. Each shall possess a small tool kit consisting of tape measure, screw drivers, hammer, and tape.

5. Three types of vehicles or box vans shall be provided as needed under this contract. The smallest shall be 14m3, and two larger vehicles of 20m3 and 30cm3 shall be equipped with rear lifts.

g) To facilitate security process requirements, the vendor shall provide the vehicle information, name(s) and copy of I.D. card(s) no later than 24 hours before the commencement of the temporary worker.

1. Due to security requirements, last minute changes are not allowed.

2. To avoid security issues due to unplanned absences, it is recommended that the Contractor routinely provide information for alternate vehicles / moving services technicians.

h) The Contractor shall be responsible for requests to the Prefecture to block a street when it is made at least 20 days before the move.

i) The Contractor shall send invoices at least 10 days after the service has been provided in accordance with the conditions set forth in article G.2 SUBMISSION OF INVOICES AND PAYMENT below.

The Contractor shall provide the following units of service as follows:

a) Moving services in units of 5 m3 and 10 m3 with additional volume units of 1.5 m3 with box van of about 14 cubic meters with driver/moving services technician.

b) Moving services in units of 5 m3 and 10 m3 with additional volume units of 1.5 m3 with box van of about 20 cubic meters with rear tail lift with driver/moving services technician.

c) Moving services in units of 5 m3 and 10 m3 with additional volume units of 1.5 m3 with heavy weight truck of about 30 cubic meters with rear tail lift with driver/moving services technician.

d) Moving services in units of 5 m3 and 10 m3 with additional volume units of 1.5 m3 with heavy weight truck of about 50 cubic meters with rear tail lift with driver/moving services technician.

e) Half-and-full day rental of an outside moving lift operated by specialist.

f) moving services in units of 5 m3 and 10 m3 with additional volume units of 1.5 m3 for extra volume.

g) Moving Services (manually using stairs) in units of 5 m3.

h) Parking fees for deliveries in Paris (receipts with the date, time and location shall be provided with the invoice for as justification).

i) Optional: Supply of additional blankets, pallets and wrapping for pallets in units of 300 meter each and bubble wrap in units of 100 meter each.

2.2 Not included

The present contract does not include the transport of heavy, oversized, or fragile loads requiring specific means not provided for in the price list or the technical specifications.

The carrying of manual loads is limited to 105 kg and under the conditions imposed by the French labor code.

Any change in French regulations in this area will automatically apply to this contract.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Paragraphs

Performance Threshold

Services.

Performs all services set forth in the scope of work.

See pages 12 to 15

All required services are performed, and no more than one

(1) customer complaint is received per month.

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

2. STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023), if any of the services exceed the standard.

3. PROCEDURES.

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

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

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

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

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

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

https://www.acquisition.gov/far/52.212-4

SECTION 2 – CONTRACT CLAUSES

52.212-4 TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL ITEMS

(DEVIATION JAN 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices.

An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

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(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

FAR 52.212-5 (RESERVED)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (AUG 2025)

(a) Definitions. As used in this clause—

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

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

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

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if-

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

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

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

(c) (1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall– https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 https://www.acquisition.gov/far/52.229-11#FAR_52_229_11

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

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

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption.

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

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7).

Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.

5000C tax is a tax matter, not a contract issue.

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

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations.

A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

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ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

ARE INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.203-17 CONTRACTOR EMPLOYEE…