19GE5021R0106.pdf

19GE5021R0106

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5021R0106

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/12/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Wencke Jacobsen

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL jacobsenw@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SEE TEXT

NOTE TO VENDOR

Multi, XX 00000

CODE OPEAQM16. ADMINISTERED BY

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. PAYMENT WILL BE MADE BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Eric N. Moore

31c. DATE SIGNED 08/12/2021

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS : : CGFS

19GE5021R0106

Line Item Summary

Solicitation Number:

19GE5021R0106

Contract Number: Title: FIJI - VEHICLES - brand name only-

Date of Solicitation:

08/12/2021

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Requested equipment inclusive if Sub CLINs 001 -011, as listed in Sub Section 5 - Scope of Work

Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

002 VAT (if applicable) Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

003 Delivery CIF Destination to Fiji Type of Contract Pricing:

Doc Ref No:

Delivery Date FOB:

0.00 EA

Equipment Support for Blackrock Peacekeeping and 19GE5021R0106 Humanitarian Assistance and Disaster Relief Camp, Fiji

Table of Contents

SECTION I – THE SCHEDULE

1. Requirement

2. Type of Contract

3. Effective Period of contract

4. Pricing

4.1 Currency

4.2 Pricing Schedule

5. Scope of Work

6. Delivery

6.1 Preparation for Delivery of vehicles

6.2 Delivery address

6.3 Delivery Schedule

7. Deliverables

8. Inspection and Acceptance

9. Submission of Invoices

SECTION II‐ CONTRACT CLAUSES

52.252.2 Clauses incorporated by reference (Feb 1998)

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items (JUL 2021)

52.204‐25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

52.229‐12 Tax on Certain Foreign Procurements (FEB 2021)

52.247‐42 C.i.f. Destination (Apr 1984)

652.242‐70 – CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

652.242‐73 – AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243‐70 – NOTICES (AUG 1999)

SECTION III – PROVISIONS

52.252‐1 Solicitation provisions incorporated by reference

52.212‐1 Instructions to Offerors‐Commercial Items (JUL 2021)

ADDENDUM TO 52.212‐1 Instructions to Offerors

Instructions for Proposal Submission:

Submission of Questions:

Proposal Due date

52.216‐1 Type of Contract (APR 1984)

SECTION IV – EVALUATION FACTORS

52.212‐2 Evaluation – Commercial Items (Oct 2014)

52.214‐34 Submission of Offers in the English Language (Apr 1991)

52.225‐17 Evaluation of Foreign Currency Offers (Feb 2000)

SECTION V – REPRESENTATIONS AND CERTIFICATIONS

52.212‐3 Offeror Representations and Certifications – Commercial Items (FEB 2021)

52.204‐19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.209‐11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (OCT 2020)

52.229‐11 Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

652.225‐70 – ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

Attachments:

Attachment 1 – Technical Compliance Matrix

Attachment 2 – IRS Form W‐14

Attachment 3 – Justification for other than full and open competition

SECTION I – THE SCHEDULE

1. Requirement The US Department of State has the requirement for equipment, as outlined in Sub Section 5, for the Blackrock Peacekeeping and Humanitarian Assistance and Disaster Relief Camp, Fiji, in support of UN peacekeeping contributions.

The Bureau of Political‐Military Affairs Office of Global Programs and Initiatives (PM/GPI) allocated Peacekeeping Operations (PKO) funds as part of the Global Peace Operations Initiative

(GPOI) to support this procurement. GPOI is a U.S. Department of State program managed by

PM/GPI in close collaboration with the U.S. Department of Defense.

This requirement is partly BRAND NAME only.

The contractor shall provide the equipment listed in below Sub Section 5 – Scope of Work.

2. Type of Contract The Government intends to award a single, firm fixed‐price contract. The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance, and all other expenses necessary to deliver the required vehicles. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the

Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

3. Effective Period of contract The contract shall become effective on the date of the Contracting Officer´s signature and shall remain valid until all vehicles have been received and accepted by the US Government, in accordance with Sub Section 6.3 ‐ Delivery Schedule of this document.

4. Pricing This is a firm fixed price contract payable entirely in the currency specified under 4.1.

4.1 Currency

The currency shall be fixed and cannot be changed by modification to the contract.

The contract will be issued in the currency, the price proposal has been quoted in.

Currency : _________________________

4.2 Pricing Schedule

Line item

Description Unit of issue

Quantity Unit cost Total Cost

0001 VIP Vehicle

TOYOTA LAND‐CRUISER

Each

0002 Pick up Truck Toyota LC 79 TWIN CAB

0003 SUV

TOYOTA LAND‐CRUISER

LC79

5 DOOR

0004 Bus, 30 pax

TOYOTA COASTER

0005 Van, 16 Pax Toyota HI Ace

0006 Refrigerated Cargo Truck Isuzu NPR71K w/ reefer

0007 Cargo Truck, tented Isuzu NQR71R, 8 ton

0008 Forklift, rough terrain

Each 2

0009 Generator, trailer mounted, ROBIN Generator

0010 Generator, portable ROBIN Generator

Each 1

0011 Cargo Truck, tented Isuzu NPR71K‐21

Each 1

0012 VAT (if applicable) Lot 1

0013 Delivery to SUVA, FIJI Lot 1

TOTAL

Currency

Warranty provisions: Standard warranty is implied and shall be included in the contract price.

5. Scope of Work This Statement of Work (SOW) defines requirements for the procurement of equipment for the

Blackrock Peacekeeping and Humanitarian Assistance and Disaster Relief Camp, Fiji, in support of UN peacekeeping contributions.

The Contractor shall deliver the following equipment list for the Republic of Fiji Military Forces:

Specifications:

Line

Item Brand P/N Specification/ Description Quantity

1 VIP VEHICLE TOYOTA LAND‐

CRUISER 300

BRAND NAME

ONLY

300 series.

Body Type: Double Cab Passenger/Seating Capacity:

Steering Wheel: Right‐Hand Drive Make/Model: Automatic 6 speed Wagon DLX Grade

Required options to be installed before delivery:

Alloy bull bar (black), snorkel

2 Pickup Truck Toyota LC 79

TWIN CAB

Transmission: manual Steering: (2) Left Hand Drive,

(1) Right Hand Drive 4x4, with exhaust snorkels

(2) with winch kits installed Exterior Color: OD Interior Color: Tan

3 SUV TOYOTA LAND‐

CRUISER

LC79

5 DOOR

Transmission: manual Steering: Right Hand Drive 4x4, with exhaust snorkels With winch kits installed Exterior Color: OD Interior Color: Tan

4 Bus, 30 Pax TOYOTA

COASTER

Brakes: ABS ‐ Anti‐lock Braking System Doors: 2 Ground Clearance: 235mm Cargo/Payload Capacity:

Manufacturer's standard Cooling System:

Manufacturer’s standard

Electrical System:

Manufacturer’s standard Exterior Color: White Flooring: Standard Floor Mats: 12 Heating System:

Manufacturer’s standard Radio and Speakers:

Manufacturer’s standard Rust Proofing and Undercoating:

Manufacturer’s standard Safety:

‐ Seatbelts: Shall be installed on all passenger seats and driver's seat ‐ Airbags: Minimum of two, river and front passenger Seating Configuration: Long wheelbase configuration.

Steering: Right hand drive, Power Steering Suspension: Front ‐rigid axle (coil), Rear‐ rigid axle (leaf) Tires: 225/95R15 Transmission: 5MT

5 Van, 16 Pax Toyota HI Ace

Transmission: automatic Steering: right hand drive Suspension lift: 2” Exterior Color: White / Interior Color: Tan

6 Refrigerated Cargo Truck

Isuzu NPR71K w/ reefer

Exterior Color: OD Interior Color: Tan Steering: right hand drive

7 Cargo Truck, tented

Isuzu NQR71R, 8 ton

Flat Bed Steering: right hand drive

8 Forklift, rough terrain

ANY ITEM /

BRAND WITH

6,000LBS, 42” forks

THE REQUESTED

SPECIFICATIONS

9 Generator, trailer mounted

ROBIN

Generator

114KW, 240v, 50Hz 3

10 Generator, portable

ROBIN

Generator

5.5 KV, 240v, 50HZ 1

11 Cargo Truck, tented

Isuzu NPR71K‐

The Contractor shall:

1. Obtain adequate insurance for damage to, or theft of, materials and equipment including insurance coverage for loose transit to the site or in storage on or off the site. The Contractor shall provide evidence of the insurance required at the contract level thirty (30) calendar days after contract award. The cost shall be included in the overall contract price.

2. Upon delivery at final destination:

The Contractor shall diligently count and examine all goods tendered for shipment, receipt for them, and make appropriate written exception for any goods not in apparent good order. (52.247‐14).

The Contractor shall coordinate a bilateral inventory and handover with U.S.

government personnel and host nation personnel. Points of contact will be provided by the GPOI Program Office.

3. A 100 percent inventory is required on all items valued over $200.00. All remaining items will require a ten (10) percent check to ensure accuracy. If inaccuracies are identified, a 100 percent inventory will be required. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

4. The contractor shall not deliver partials without the proper approval of the CO and

COR.

5. The contractor shall be a Toyota/Isuzu/Robin dealer who is authorized by the manufacturer to serve as their authorized representative in Fiji.

6. A certified and authorized Toyota/Isuzu/Robin service center must be located within the local limits of Fiji. The certified authorized service center shall be required to honor the warranty period and be capable of providing and installing Original

Equipment Manufacturer (OEM) parts for the above‐mentioned vehicles.

7. The contractor shall be either a Fiji‐based Toyota/Isuzu/Robin dealer or any entity/vendor who can deliver vehicles to the designated address.

Warranty Provisions:

A warranty of 3 years or one hundred thousand kilometer (100,000 km) whichever is sooner shall be applied in accordance with the Manufacturer’s warranty policy.

6. Delivery

6.1 Preparation for Delivery of vehicles

The vehicles shall be supplied in drive‐away condition, to include all fluid levels in normal operating ranges.

6.2 Delivery address

The vendor shall arrange transportation and delivery to the following address:

Intermediate Consignee Address:

CAPTAIN H. TUDIA

Headquarters Republic Fiji Military Forces Staff Officer Logistics Directorate Peace Support Operations 4A/4B Berkley Crescent Suva Fiji

The point of contact at the U.S. Embassy, Office of Defense Cooperation is Commander Norm Witt (WittNC@state.gov) +679‐3278172 and +679‐772‐8615.

Ultimate Consignee Address:

Blackrock Peacekeeping and Humanitarian Assistance and Disaster Relief Camp Nadi, Fiji

The vehicles shall be delivered on C.I.F. destination basis to Suva, Fiji in accordance with FAR52.247‐42 C.I.F. Destination in Section 2 of this solicitation.

6.3 Delivery Schedule

Equipment shall be delivered to final destination and inspected with complete bilateral inventory no later than 365 calendar days after award.

Offerors shall submit a proposed Delivery Schedule with their proposal.

7. Deliverables

• Procurement Status Report. The Contractor shall provide a detailed listing of all materials procured and acquired under this contract at least once per month and upon request to the COR.

• Receiving and Inspection Report (Form DS‐127). The Contractor shall submit Receiving and Inspection Reports to maintain 100% accountability for all equipment and materials purchased with U.S. government funds to the COR.

• Incident Reports. The Contractor shall report immediately events that endanger the project or require US government guidance and submit a detailed report within 24 hours of the incident to the COR.

8. Inspection and Acceptance The inspection and acceptance of the vehicle shall be performed by the U.S. Government upon its arrival at the Delivery point (see 6.2). The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the vehicle, and upon presentation of the certificates of origin or vehicle title to the COR.

The U.S. Embassy Suva is expected to:

• Participate in bilateral inventory and handover.

• Assist PM/GPI with providing any necessary information for the Contractor to obtain the necessary licenses for the procurement and export of the equipment, as required.

9. Submission of Invoices The original invoice(s), along with a copy of the applicable bill(s) of lading shall be submitted to the following office for Payment:

US Consulate General Frankfurt Attn: RPSO/SSB Giessener Str. 30 60435 Frankfurt Germany

Invoice shall be issued in accordance with FAR 52.212‐4(g).

Payment will be made via Electronic Fund Transfer (EFT) in accordance with Federal Acquisition Regulation FAR32.9 “Prompt Payment”. The original invoice must be issued to and mailed to the address as provided in block # 2 on the first page of the contract; and a copy is to be emailed in pdf format to RPSO at: FrankfurtSSB@state.gov

To avoid possible delay in payment, please ensure the invoice:

a) is correctly addressed;

b) references the correct order number (see block # 3 of the order);

c) provides complete bank details.

SECTION II‐ CONTRACT CLAUSES

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.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov; https://www.acquisition.gov/dosar

52.204‐13 System for Award Management Maintenance OCT 2018

52.212‐4 Contract Terms and Conditions‐Commercial Items OCT 2018

52.225‐13 Restrictions on Certain Foreign Purchases JUN 2008

52.232‐40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.246‐2 Inspection of Supplies‐Fixed‐Price AUG 1996

52.247‐14 Contractor Responsibility for Receipt of Shipment APR 1984

652.225‐71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS

AMENDED

AUG 1999

The following clauses are provided in full text:

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Items (JUL 2021)

(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 items:

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

(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115‐232).

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

(5) 52.233‐3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

_X_ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jun 2020) (Pub. L. 109‐282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

_X_ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Mar 2020) (15 U.S.C.

657a).

__ (ii) Alternate I (Mar 2020) of 52.219‐3.

__ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219‐4.

__ (13) [Reserved] __ (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2020) (15 U.S.C. 644).

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

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

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

__ (16) 52.219‐8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219‐9 __ (18) (i) 52.219‐13, Notice of Set‐Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219‐14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219‐16, Liquidated Damages‐Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C.

632(a)(2)).

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

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

__ (24) 52.219‐30, Notice of Set‐Aside for, or Sole Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Mar2020) (15 U.S.C.

637(m)).

__ (25) 52.219‐32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

__ (26) 52.219‐33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222‐3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

__ (29) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222‐26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

__ (32) (i) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

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

__ (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222‐50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

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

__ (36) 52.222‐54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

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

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

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

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

__ (ii) Alternate I (Oct 2015) of 52.223‐13.

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

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

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

__ (43) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐16.

_X_ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

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

__ (47) (i) 52.224‐3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225‐1, Buy American‐Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (Jan 2021) of 52.225‐3.

__ (iii) Alternate II (Jan 2021) of 52.225‐3.

__ (iv) Alternate III (Jan 2021) of 52.225‐3.

__ (50) 52.225‐5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225‐13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229‐12, Tax on Certain Foreign Procurements (Feb 2021) .

__ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (57) 52.232‐30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Oct2018) (31 U.S.C. 3332).

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

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

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

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

__ (63) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) 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 items:

[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 Under Executive Order 13658 (Nov 2020).

__ (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

1792).

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. 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 (Jun 2020) (41 U.S.C. 3509).

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

(iii) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115‐91).

(iv) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(v) 52.219‐8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222‐26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

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

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

(xiii) (A) 52.222‐50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxii) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) ( 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.204‐25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision

Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the

Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal

Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the

Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal

Regulations, and controlled‐

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered

(e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third‐party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting

Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the

Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.229‐12 Tax on Certain Foreign Procurements (FEB 2021)

(a) Definitions. As used in this clause—

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

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

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

(2) A domestic partnership;

(3) A domestic corporation;

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

(5) Any trust if‐

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

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

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

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

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

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

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

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

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C‐1(d)(5) through (7). Any exemption claimed and self‐certified on the IRS Form W‐14 is subject to audit by the

IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

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

(1) Included in the contract price; nor

(2) Reimbursed.

(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.

52.247‐42 C.i.f. Destination (Apr 1984)

(a) The term "c.i.f. destination," as used in this clause, means free of expense to the Government delivered on board the ocean vessel to the specified point of destination, with the cost of transportation and marine insurance paid by the Contractor.

(b) The Contractor shall‐

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements;

(2) (i) Deliver the shipment in good order and condition; and

(ii) Pay and bear all applicable charges to the point of destination specified in the contract, including transportation costs and export taxes or other fees or charges levied because of exportation;

(3) Obtain and dispatch promptly to the Government clean on‐board ocean bills of lading to the specified point of destination;

(4) Be responsible for any loss of and/or damage to the goods occurring before delivery;

(5) At the Government’s request and expense, provide certificates of origin, consular invoices, or any other documents issued in the country of origin or of shipment, or both, that may be required for importation into the country of destination; and

(6) Obtain and dispatch to the Government an insurance policy or certificate providing the amount and extent of marine insurance coverage specified in the contract or agreed upon by the Government Contracting Officer.

652.242‐70 – CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

a. The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

b. The COR for this contract is: Jarrit R. Jones, PM/GPI/POCB

COR Duties – The COR is responsible for inspection and acceptance of services and review of contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

652.242‐73 – AUTHORIZATION AND PERFORMANCE (AUG 1999)

a. The contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;

(2) That is has obtained all necessary licenses and permits required to perform this contract; and,

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.

b. If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.

652.243‐70 – NOTICES (AUG 1999)

Any notice or request relating to this contract given by either party to the other shall be in writing. Said notice or request shall be mailed or delivered by hand to the other party at the address provided in the…