19GE5025Q0098.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Hanoi, Vietnam

Small Boat and Spare Parts Project

SOLICITATION NO. 19GE5025Q0098

Issued by:

American Consulate General

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

June 12, 2025

Combined Synopsis and Solicitation

Solicitation Number 19GE5025Q0098

The U.S. Consulate General Frankfurt hereby provides the following Combined Synopsis and

Solicitation for:

Supply and delivery six (6) boats and 2-year maintenance spare parts to three different locations in Vietnam on behalf of the U.S. Hanoi, Vietnam. This project is aimed at assisting the government of Vietnam and is being delivered in conjunction with the Bureau of International

Narcotics and Law Enforcement Affairs (INL). All interested parties shall review the solicitation and offer boats and spare parts in accordance with the specifications provided in this document and its attachments.

Synopsis:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; offers are being requested, and a written solicitation will not be issued. The solicitation number is 19GE5025Q0098 and is issued as a

Request for Quotations (RFQ), unless otherwise indicated herein.

The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2025-03, effective January 17, 2025.

Notice: One or more of the items under this acquisition is subject to the World Trade

Organization Government Procurement Agreement and Free Trade Agreements.

Purchase Restriction: Unless offers for U.S.-made or designated country end products are either not received or are insufficient to fulfill the requirements, only U.S.-made end products or designated country end products will be considered (FAR 25.403(a)). See FAR 52.225-5 for definition of a “designated country”.

Applicable NAICS and PSC Codes:

336612 Boat Building | 1940 Small Craft

Extent of Competition:

Competition is full and open, subject to WTO GPA guidelines.

Contract Type:

The Government intends to award a single, firm fixed-price purchase order for acceptance by the

Offeror. The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance, warranty, customs clearance, and all other expenses necessary to deliver the required items. 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.

Term of Contract:

This ensuing contract shall be effective from the date of the Contracting Officer’s signature and shall remain valid until all items are received and accepted by the Government.

Compliance with Specifications:

Offerors shall also provide with their offer, at a minimum, existing product literature substantiating the acceptability of its offered product in accordance with this solicitation’s specifications. Failure to provide this information will result in an ‘unacceptable’ offer and exclusion from further consideration.

Descriptive Literature Required:

Definition: (a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design;

(2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment. (b) Descriptive literature must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers. (c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being offered. (d) Offers which do not present sufficient information to permit complete technical evaluation by the Government may be rejected. It is the offeror’s responsibility to prove that their proposed solution meets the requested specifications, subject to any limitations elsewhere in this solicitation.

Basis of Price:

The price of all items shall include their transportation F.O.B. Destination to the designated delivery points in accordance with FAR 52.247-34. All or Nothing: The Government is allowing complete offers for all items. Offers failing to meet this condition may be rejected.

Warranty:

The Contractor shall provide a copy of standard warranty information unless indicated otherwise.

Warranty requirements are specified in Attachment A. The warranty applies as of the date the items are received and accepted at the delivery location. The price for warranty shall be included in the price for each item.

Delivery:

• Delivery to a U.S. Dispatch Agent is not authorized.

• Partial delivery is not authorized.

• Shipment shall be made free on board (fob) destination to Vietnam, not earlier than

August 31, 2025, but not later than February 1, 2026, to the addresses provided in

Attachment A.

Marking and Submission of Documents:

The consignment must be clearly marked with the requisition and purchase order number (to be advised on award). Labels shall also include clear description of items packed inside. If applicable, the Contractor shall provide delivery information or certificates of origin and shipping documents for the required goods being imported to the Points of Contact (POCs) (to be advised on award) in advance of delivery.

The Contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork. One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package.

Customs Clearance and Import Duties:

Upon request, the U.S. Government will assist the Contractor in obtaining customs clearance and import duties exemption certificate from the Government of Vietnam.

Condition of Delivered Equipment:

Only new equipment is authorized. The Offeror shall not tender grey market or refurbished products. All items must be in original packaging, never used, and not altered in any way

Coordination:

• The Contractor shall coordinate the delivery of the items with the following Contracting

Officer’s Representative (CPR): (to be advised on award).

• The Contractor shall notify the Contracting Officer Representative (COR) not later than

90 calendar days before the boats are ready for delivery so INL can coordinate pre-shipment inspection.

Inspection and Acceptance:

Interim Inspection

Following completion of construction, the U.S. Government may, at its discretion and expense, conduct an interim inspection at the Contractor’s factory. This inspection is intended to identify any observable defects prior to shipment. The results of this inspection do not constitute acceptance, and any defects noted shall be corrected prior to shipment.

Final Testing and Acceptance

The Contractor shall submit a sea trials checklist at least 90 calendar days before the expected delivery date. The Government, in coordination with local authorities, will review and approve the checklist.

Sea trials will be conducted at the respective delivery locations by Contractor-qualified personnel in the presence of designated U.S. Government representatives and other stakeholders identified by the Government. Sea trials will confirm compliance with the technical requirements of the

SOW, using standards such as those of the American Bureau of Shipping (ABS) or equivalent.

Final acceptance shall occur after successful completion of the sea trials and written confirmation by the Contracting Officer Representative (COR). Payment will be made in accordance with the

Prompt Payment Act upon final acceptance.

Acquisition Method:

This solicitation is using Simplified Acquisition Procedures for Certain Commercial Products and Commercial Services as authorized at FAR 13.5.

List of Attachments:

Attachment A – Statement of Work (SoW) and Technical Specifications

Attachment B – Representations and Certifications

Attachment C – Price Proposal Breakdown

Attachment D – Technical Compliance Matrix

Attachment E.1 – IRS W-14 Form

Attachment E.2 – Instructions for Form W-14

Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Product and

Commercial Services

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instructions to Offerors -

Commercial Product and Commercial Services is augmented as follows:

The Offeror shall submit its response to this RFQ in two volumes as follows:

Volume 1 (Price Volume) containing the following:

1) Evidence of Offeror’s active SAM registration

2) Completed Attachment B - Representations and Certifications

3) Completed Attachment C - Price Proposal Breakdown (all (three tabs))

4) Completed Attachment E.1 - IRS W-14 Form (if applicable)

Volume 2 (Technical Volume), containing the following:

1) Completed Attachment D – Technical Compliance Matrix

2) Descriptive literature

3) Delivery plan, to include delivery time in calendar days to the destinations (after receipt of order), the supply chain including routing, method of delivery and potential risks associated with the selected routing and risk mitigation strategies

4) Description of the local maintenance network, in Vietnam, for the outboard engines.

Provide name of the local maintenance service partner, its physical address, telephone number and email and website addresses

5) Description of local availability, in Vietnam, of spare parts. Provide name of the local spare parts provider, its physical address, telephone number and email and website addresses

6) Description of Offeror’s experience in supplying and delivering similar items

7) Past performance information.

Brand Name or Equal

The Government is allowing offers for the identified brand name(s) or equal products. It is

Offeror’s responsibility to prove that its offered products meet or exceed the requested specifications.

System for Award Management (SAM) Registration

Pursuant to FAR 52.204-7 (b)(1), an Offeror is required to be registered in SAM when submitting an offer or quotation and at the time of award. While proposals in response to this solicitation will be submitted in two Phases, the requirement to have an active SAM registration must be met both at the time of offer submission for the first Phase and at the time of award.

Offerors that fail to meet this requirement shall be eliminated from competition without further discussions.

Award Notification

The Government will publicize the contract award on SAM.gov pursuant to FAR 5.301(a)(1)(i).

Debriefing

The Government will not provide debriefings. Offerors’ requests for information will be addressed pursuant to FAR 13.106-3(d).

James Zadroga 9/11 Victims Health and Compensation Act of 2010 Notice

In accordance with the James Zadroga 9/11 Victims Health and Compensation Act of 2010, payments made under this procurement may be subject to a 2% excise tax as prescribed under 26

U.S.C. 5000C, unless a waiver or exception applies.

If a waiver or exception applies to the contractor, the contractor shall complete Attachment E, IRS Form W-14. The contractor is responsible for determining its tax obligations and ensuring compliance with applicable tax laws and regulations.

WTO GPA (TAA) Compliance

• It is the Offeror’s responsibility to demonstrate that its offer complies with the Trade

Agreements Act (see FAR clause 52.225-5). If Offeror’s representation at FAR 52.212-

3(g)(4)(ii) on SAM is not applicable to this solicitation, the Offeror must complete the representation at FAR 52.212-3(g)(4)(ii) in Attachment B.

• While the Contracting Officer may rely on the Offeror’s representation regarding TAA compliance, Offerors are reminded that the Contracting Officer may also conduct due diligence and request evidence of compliance with the Act. Failure to provide the requested evidence within the specified timeframe may result in the exclusion of the quotation from the competition.

Note to U.S.-based Offerors:

The Department of State Tax Identification Number is DOS 54-1352940

Deadline for Submission of Questions

Interested parties may submit any questions concerning the solicitation as soon as possible but not later than 1500hrs Central European Summer Time (CEST) on Friday, July 25, 2025, via email to Kenneth G. Mamba at “MambaKG@state.gov” and copy “FrankfurtRPSO@state.gov”.

The email subject line must read “Question(s), solicitation 19GE5025Q0098”

Late questions shall not be considered.

Due Date for Quotations

• Quotations shall be submitted as soon as possible but not later than 1500hrs Central

European Summer Time (CEST) on Friday, August 8, 2025, via email to Kenneth G.

Mamba at “MambaKG@state.gov” copying “FrankfurtRPSO@state.gov”. The email subject line must read “Quotation, solicitation 19GE5025Q0098”. The email size shall not exceed 45 MB. Quotations may be submitted in Word, pdf or Excel formats. The

Price Proposal Breakdown must be submitted in Excel format. The submission of compressed files (e.g., .zip or .rar) is strictly prohibited. Additionally, the use of external electronic depositories, such as Google Drive or similar platforms, for submitting proposals is not allowed

Late quotations shall not be considered.

End of Addendum to Instructions to Offerors

Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services

(Nov 2021)

Compliance Review – The Government will perform an initial review of quotations received to determine completeness and compliance with the terms of the solicitation. Incomplete quotations may be rejected pursuant to FAR 52.212-1(b)(11).

Offerors are advised that the Government intends to employ streamlined techniques under

Simplified Acquisition Procedures (SAP) to maximize efficiency as per FAR 13.106-2(b)(4)(ii).

The evaluation will pre-screen quotations for responsiveness. For purposes of efficiency, after the initial screening, the first few quotations with best value indicators will be subjected to

Comparative Evaluation.

The Comparative Evaluation will be performed in accordance with FAR 13.106-2(b)(3).

Comparative evaluation is defined as the act of comparing two or more offers in response to the

RFQ. The item-by-item comparison is performed by comparing each proposal directly to one another to determine which provides the best value to the Government using technical and past performance criteria as described below. While this is not a lowest-priced, technically acceptable

(LPTA) or trade-off process, the process does not prohibit or rule out award on a low-priced quotation.

Evaluation Criteria

Technical: Technical capability will be evaluated based on a direct comparison to other proposals to discern if there is any kind of technical quality superiority that would support an award to a higher-priced proposal. Technical discriminators include:

• Technical compliance and descriptive literature

• Delivery plan

• Local maintenance network

• Local availability of spare parts

• Offeror’ experience in providing similar products.

Past Performance: Past Performance refers to how well the contractor performed.

• In the case of an offeror, subcontractor, or teaming partner without a record of relevant past performance or for whom information on past performance is not available or is so sparse that no meaningful past performance rating can be reasonably assigned, the

Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.” Past performance will be evaluated based on a direct comparison to other proposals to discern if there is any significant past performance superiority that would support an award to a higher priced offer. Past performance as a discriminator may be appropriate where based on the Offeror’s performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

Price: Price will be evaluated to ensure the proposed price is fair and reasonable. The

Contracting Officer's selected method of determining price reasonableness will be informed by the degree of competition.

Responsibility Determination: The Government will determine contractor responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including:

• Adequate financial resources or the ability to obtain them;

• Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;

• Satisfactory record of integrity and business ethics;

• Necessary organization, experience, and skills or the ability to obtain them;

• Necessary equipment and facilities or the ability to obtain them; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations

End of Addendum to FAR 52.212-2 Evaluation

Applicable Clauses and Provisions:

The full text of the referenced FAR and DOSAR clauses may be accessed electronically at https://www.acquisition.gov/content/regulations.

FAR 52.204-7; FAR 52.204-13; FAR 52.204-16; FAR 52.204-18; FAR 52.211-6; FAR 52.212-

1; FAR 52.212-2; FAR 52.212-4 FAR 52.214-34; FAR 52.217-5; FAR 52.222-29; FAR 52.229-

6; FAR 52.247-34; DOSAR 652.229-70; DOSAR 652.229-71; DOSAR 652.232-70; DOSAR

652.242-70; DOSAR 652.242-73; DOSAR 652.243-70, and DOSAR 652.247-70.

https://www.acquisition.gov/content/regulations

The following provision(s) and clause(s) are provided in full text:

FAR 52.225-17 Evaluation of Foreign Currency Offers

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using Department of State’s foreign currency exchange rate in effect as follows:

(a)For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b)For acquisitions conducted using negotiation procedures-

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

(End of provision)

FAR 52.252-5 Authorized Deviations in Provisions (Nov 2020)

(a)The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b)The use in this solicitation of any FAR (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b)The use in this solicitation or contract of any FAR (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

FAR 52.212-5 - Contract Terms and Conditions Required To Implement Statutes or

Executive Orders-Commercial Products and Commercial Services (Jan 2025)

(DEVIATION FEB 2025)

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

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

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

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

232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (Aug 1996)

(31 U.S.C. 3553).

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

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with

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

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

3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and

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

X (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

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

(6) [Reserved].

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

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec

2023) (Pub. L. 115-390, title II).

X (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(Dec 2023) (Pub. L. 115-390, title II).

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

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan

2025) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

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

(14) [Reserved].

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

657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved]

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

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

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

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

(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and

(3)).

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

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

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

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

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

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

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

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

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled

Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB

Program (Feb 2024) (15 U.S.C. 657f).

(26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15

U.S.C. 632(a)(2)).

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

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct

2022) (15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15

U.S.C. 644(r)).

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

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

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

13126).

(33) [Reserved]

(34) [Reserved]

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

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

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

793).

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

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

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (May 2024) (42

U.S.C. 7671, et seq.).

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

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

(46) 52.223-23, Sustainable Products and Services (May 2024) [(DEVIATION FEB

2025)](7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

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

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

(49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public

Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

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

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

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

X (50) 52.225-5, Trade Agreements (Nov 2023) (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. Subtitle A, Part V, Subpart G Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(May 2024) (E.O. 13513).

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

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and

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

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

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

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

(Oct 2018) (31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

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

637(d)(13)).

X (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(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) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

(May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C.

chapter 67).

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

2022).

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

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

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

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

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

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

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

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

232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section

102 of Division R of Pub. L. 117-328). (vii)(A) 52.204-30, Federal Acquisition

Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

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

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

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of

FAR clause 52.222-40.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May

2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C.

chapter 67).

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

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

2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order

13706 (Jan 2022) (E.O. 13706). (xxii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by

American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021)

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

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

DOSAR 652.206-70 Advocate for Competition/Ombudsman (FEB 2015) (Deviation)

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

Competition at cat@state.gov

(b) The Department of State's Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the preaward and postaward phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Sharon D.

James. For an American Embassy or overseas post, refer to the numbers below for the

Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of

State Acquisition Ombudsman at (703) 516–1680, by fax at (703) 875–6155, or write to:

Department of State, Acquisition Ombudsman, Global Acquisition (A/GA), Suite 603, SA–6, Washington, DC 20522–0602.

Applicable laws and regulations: This solicitation and the ensuring award are subject to laws and regulations of the United States of America.

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 90 days of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

{End of Solicitation}