19GE5025R0033.pdf

SOLICITATION DOCUMENT

Call Center Services for After-Hours Support U.S. Embassy London and Constituent Posts, United Kingdom

SOLICITATION NO. 19GE5025R0033

Issued by:

U.S. Consulate General Regional Procurement Support Office

Giessener Strasse 30 60435 Frankfurt am Main Germany

19GE5025R0033

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5025R0033

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

DATE

02/25/2025

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Patticha Gruenbeck

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL GruenbeckP@state.gov

8. OFFER DUE DATE / LOCAL

TIME

03/24/2025, 15:00

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

LONDOCODE15. DELIVER TO

AMERICAN EMBASSY LONDON

33, Nine Elms Lane, SW11 7US

ATTN: GSO

LONDON, UNITED KINGDOM

CODE AGA16. ADMINISTERED BY

RPSO Frankfurt A/GA/AMD RPSO Frankfurt Office of Global Acquisition Frankfurt

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

AGACODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY LONDON

24 GROSVENOR SQUARE

ATTN: FINANCIAL MANAGEMENT OFFICER

LONDON, UNITED KINGDOM 1K 6AH

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)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA AREX 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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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)

Nicolas A. Wilhelm 31c. DATE SIGNED

02/25/2025

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

Line Item Summary

Solicitation Number:

19GE5025R0033

Contract Number: Title: GBP - Call Center Services Date of Solicitation:

02/25/2025

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 BASE YEAR

CLINs 0001-0005 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/22/2025 to 09/21/2026

1.00 YR

002 FIRST OPTION YEAR

CLINs 1001-1005 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/22/2026 to 09/21/2027

1.00 YR

003 SECOND OPTION YEAR

CLINs 2001-2005 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/22/2027 to 09/21/2028

1.00 YR

004 THIRD OPTION YEAR

CLINs 3001-3005 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/22/2028 to 09/21/2029

1.00 YR

005 FOURTH OPTION YEAR

CLINs 4001-4005 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/22/2029 to 09/21/2030

1.00 YR

Section A - Solicitation/Contract Form

TABLE OF CONTENTS

Section I - The Schedule

• SF 1449 Cover Sheet

• Continuation to SF-1449, RFP Number 19GE5025R0033, Prices, Block 23

• Continuation to SF-1449, RFP Number 19GE5025R0033, Schedule of Supplies/Services, Block 20 Description/

Specifications/Work Statement

Section II - Contract Clauses

• Contract Clauses

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

Section III - Solicitation Provisions

• Solicitation Provisions

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

Section IV - Evaluation Factors

• Evaluation Factors

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

Section V - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION I - THE SCHEDULE

CONTINUATION TO SF-1449

RFP NUMBER 19GE5025R0033

PRICES, BLOCK 23

A. GENERAL

A.1 The purpose of this firm fixed price Indefinite-Delivery Indefinite-Quantity (IDIQ) contract is to provide for call center services for the U.S. Embassy London and Constituent Posts, United Kingdom, in accordance with the Statement of Work.

A.2 This is an IDIQ type of contract against which task orders may be placed. The quantities set forth in the pricing section are estimates for evaluation purposes only; the Government does not guarantee that such quantities will be ordered. The contract covers a one-year base period starting from the issuance of the Notice to Proceed, with four (4) one-year option periods. The performance period is set to commence on September 22, 2025.

A.3 The Firm-Fixed Price shall include all materials, equipment, labor, overhead, profit, general liability insurance, and transportation necessary to deliver the required services. No additional sums will be payable on account of any escalation in the cost of materials, equipment, transportation, general liability insurance or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost, or difficulty in achieving the results required by this contract. The contract price will not be adjusted because of fluctuations in currency exchange rates. Changes in the contract price, or time to complete, will be made only for changes made by the Government in the work to be performed, or by delays caused by the Government. Any costs not priced will be considered to be included in the overhead and other indirect costs.

A.4 The general liability policy required of the Contractor shall name “the United States of America” as additional insured. The general liability insurance shall be as required by law or as ordinarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims. The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to Government’s property in Contractor’s custody, any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from, and incident to, the Contractor's performance of the work detailed herein. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government. The Contractor shall submit evidence of general liability insurance within 10 calendar days after award.

A.5 Minimum and Maximum Amounts: During life of this contract, the Government shall place orders totaling a minimum of $500.00 or local currency equivalent. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed $500,000.00 or local currency equivalent, which reflects the contract maximum.

A.6 Acquisition Method: This is a commercial acquisition as defined in Federal Acquisition Regulation (FAR) 2.101, Definitions, and as describe in FAR part 12, Acquisition of Commercial Products and Commercial Services. Pursuant to FAR 12.102(b), the policies in FAR part 12 are used in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in FAR part 13, Simplified Acquisition Procedures.

B. PRICING

BASE YEAR

A B C D E F G CLIN Description Unit Estimate

Quantity* Duration (Months)

Firm-Fixed Unit Price

Amount [DxExF]

0001 After-Hours Calls Call 1,300 12 0002 Monthly

Management Fee Month N/A 12

0003 UK Phone Number for Call Transfer

Number 1 N/A

0004 Value Added Tax (VAT), if applicable. See Section B.2.

Lot 1 N/A

0005 Defense Base Act (DBA) Insurance, if applicable. See Section B.3.

Lot 1 N/A

Total Firm-Fixed Price (CLINs 0001-0005)

FIRST OPTION YEAR

A B C D E F G CLIN Description Unit Estimate

Quantity* Duration (Months)

Firm-Fixed Unit Price

Amount [DxExF]

1001 After-Hours Calls Call 1,300 12 1002 Monthly

Management Fee Month N/A 12

1003 UK Phone Number for Call Transfer

Number 1 N/A

1004 Value Added Tax (VAT), if applicable. See Section B.2.

Lot 1 N/A

1005 Defense Base Act (DBA) Insurance, if applicable. See Section B.3.

Lot 1 N/A

Total Firm-Fixed Price (CLINs 1001-1005)

SECOND OPTION YEAR

A B C D E F G CLIN Description Unit Estimate

Quantity* Duration (Months)

Firm-Fixed Unit Price

Amount [DxExF]

2001 After-Hours Calls Call 1,300 12 2002 Monthly

Management Fee Month N/A 12

2003 UK Phone Number for Call Transfer

Number 1 N/A

2004 Value Added Tax (VAT), if applicable. See Section B.2.

Lot 1 N/A

2005 Defense Base Act (DBA) Insurance, Lot 1 N/A if applicable. See Section B.3.

Total Firm-Fixed Price (CLINs 2001-2005)

THIRD OPTION YEAR

A B C D E F G CLIN Description Unit Estimate

Quantity* Duration (Months)

Firm-Fixed Unit Price

Amount [DxExF]

3001 After-Hours Calls Call 1,300 12 3002 Monthly

Management Fee Month N/A 12

3003 UK Phone Number for Call Transfer

Number 1 N/A

3004 Value Added Tax (VAT), if applicable. See Section B.2.

Lot 1 N/A

3005 Defense Base Act (DBA) Insurance, if applicable. See Section B.3.

Lot 1 N/A

Total Firm-Fixed Price (CLINs 3001-3005)

FOURTH OPTION YEAR

A B C D E F G CLIN Description Unit Estimate

Quantity* Duration (Months)

Firm-Fixed Unit Price

Amount [DxExF]

4001 After-Hours Calls Call 1,300 12 4002 Monthly

Management Fee Month N/A 12

4003 UK Phone Number for Call Transfer

Number 1 N/A

4004 Value Added Tax (VAT), if applicable. See Section B.2.

Lot 1 N/A

4005 Defense Base Act (DBA) Insurance, if applicable. See Section B.3.

Lot 1 N/A

Total Firm-Fixed Price (CLINs 4001-4005)

*Estimated quantity for evaluation purposes only. Actual number may be lower or higher than the estimates in the solicitation/ contract.

STATE CURRENCY: __________________________________

TOTAL CONTRACT PRICE

Total Base Year Total First Option Year Total Second Option Year Total Third Option Year Total Fourth Option Year Grand Total

B.2 VALUE ADDED TAX (VAT)

If applicable, the Contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item. VAT shall also be a separate cost item on all invoices submitted against task orders under the resulting contract. The Contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the Contractor receives a VAT refund from the host government, he shall repay the refund amount to the U.S. Government.

B.3 DEFENSE BASE ACT (DBA) INSURANCE

(a) The Department of Labor has waived the DBA insurance for the countries in paragraph (b) of this subsection. United States citizens or residents and individuals hired in the United States, regardless of citizenship shall be required to obtain DBA insurance.

Evidence of DBA insurance shall be submitted within 15 days of award. The DBA Insurance shall be obtained from any U.S.

Department of Labor (DOL) authorized DBA insurance broker. A list of DOL-authorized insurance brokers is available at:

www.dol.gov/agencies/owcp/dlhwc/lscarrier. DBA insurance cost will be evaluated as part of the total evaluated firm fixed price and included in the firm fixed price of the task order. The Contractor shall be reimbursed for the cost of DBA insurance only upon providing proof of payment.

(b) The DoL has waived DBA insurance for the following countries of performance under this contract: www.dol.gov/agencies/owcp/ dlhwc/dbawaivers/dbawaivers.

(c) If the country of performance is not on the DoL Active DBA Waiver List, the successful contractor shall be required to purchase DBA insurance for all his employees working on the project, regardless of nationality.

If the country of performance is on the DoL Active DBA Waiver List, DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs), performing under this contract is not required. However, DBA Insurance for U.S. citizens and individuals hired in the United States (regardless of citizenship) performing under this contract is required.

(d) The Contractor will be reimbursed for DBA insurance only to the extent the contractor provides documentary proof that DBA insurance has been paid and only to the extent quoted in CLINs 0005, 1005, 2005, 3005 and 4005.

CONTINUATION TO SF-1449,

RFP NUMBER 19GE5025R0033

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. STATEMENT OF WORK

C.1 INTRODUCTION

Mission UK is seeking a Contractor to manage after-hours calls for the Duty Officer Program at the U.S. Embassy, London. The Contractor shall provide a fully staffed call center to screen all after-hours calls and ensure proper escalation of emergencies.

C.2 SCOPE OF WORK

The Contractor shall provide trained and skilled telephone operators with the customer service experience and English language proficiency described herein to serve as the first point of contact for after-hours calls. Operators must be courteous, prompt, polite, professional, knowledgeable, and exercise sound judgment when escalating calls to the Duty Officer.

C.2.1 SERVICES REQUIRED

• Operate a fully manned call center; automated calling systems are not permitted.

• Screen all after-hours calls based on Embassy guidance.

• Transfer true emergencies to the Duty Officer.

• Maintain accurate records of all calls and responses.

• Submit daily and monthly activity reports to the Contracting Officer’s Representative (COR).

• Provide a UK phone number for call transfers.

C.3 CALL VOLUME & EMERGENCY SITUATIONS

Mission UK receives approximately 1,300 after-hours calls per month across the U.S. Embassy London and Consulates in Edinburgh and Belfast. Calls typically last five (5) minutes but may vary. These figures are provided as a guide only and may fluctuate widely in the event of an emergency.

Emergencies include, but are not limited to:

1. Civil air, land, or sea accidents

2. Terrorist attacks

3. Common aircraft accidents with loss of life

4. Natural disasters

5. Bombings

6. Mass fires involving injury or loss of life

7. U.S. citizen emergencies (deaths, arrests, serious crime victims, unaccompanied minors, etc.)

Operators are required to screen each after-hours call received by the Embassy, in accordance with guidance provided by the Embassy's Human Resources section, with input from the Embassy's Consular section, other sections, and agencies within the UK Mission. Calls identified as true emergencies shall be promptly forwarded by the operator to the Embassy Duty Officer for immediate action.

C.4 PERFORMANCE REQIREMENTS

• Call Screening: The Contractor must ensure that operators screen calls effectively based on guidance provided by the Embassy.

• Call Records: Each call must be recorded, including the time received, duration, and the operator's response. The Contractor will submit a daily report to the Contracting Officer’s Representative (COR) at the beginning of each day, and a monthly activity report on the 1st business day of each month.

• Emergencies: True emergencies, including incidents such as civil accidents, terrorist attacks, natural disasters, and emergencies involving U.S. citizens, must be promptly escalated to the Embassy Duty Officer.

• Operator Qualifications: Operators shall be fluent in English at the English Proficiency Tests (EPT) scale level four (4)

– full professional fluency in both reading and writing. Additionally, operators must have a minimum of one (1) year of experience in telephone operator or customer service roles.

• Flexibility: The Contractor must be flexible in its operations, including accommodating changes in staffing or procedures during emergencies. This includes the ability to implement virtual call centers or allow home-based work in cases of severe weather or other situations to ensure continuous service.

• Staffing: The Contractor shall notify the COR one (1) day in advance of any staffing changes and shall be able to accommodate any overflow of calls during emergencies, such as building evacuations.

• Overflow Calls: The Contractor shall account for situations that may create an overflow of calls, such as emergencies or unexpected events, including fire alarms or building evacuations at the Embassy.

• Place of Performance: If services are performed in more than one (1) country or territory, this shall be disclosed in the proposal or communicated to the Contracting Officer if a change is necessary after award. The Contractor shall comply with all applicable laws, regulations, decrees, or ordinances in the countries or territories of performance. Furthermore, the place of performance shall not be in countries or territories that are prohibited by the laws and regulations of the United States of America.

C.5 EQUIPMENT REQIREMENTS

The Contractor shall provide the necessary equipment to perform the services, including but not limited to a call forwarding feature and other communication tools that may be required to handle the calls effectively. The use of automatic calling systems is strictly prohibited.

C.6 STAFFING AND HOURS OF OPERATION

Working Hours: The Contractor shall provide services Monday to Friday from 17:30 to 08:30, and 24 hours on weekends and American and local holidays. The Contractor shall include the price for providing services on American and local holidays in its firm-fixed price per call.

The Contractor must ensure that sufficient staffing is provided to meet the anticipated call volume, with no limits on the number of calls that may need to be received each day.

C.7 SUPERVISION

The Contractor shall designate a representative/supervisor who shall serve as the primary point of contact (POC) for the Government at all times. This individual shall be the focal point for the Contractor and act as the liaison with U.S. Government personnel. The designated POC shall have sufficient English language skills to effectively communicate with members of the U.S. Government staff.

C.8 REPORTING AND MONITORING

Daily Report/Call Log: The Contractor shall submit a daily report documenting all calls and messages received. The report must include the time each call/message was received or made, the operator's response, and the call duration. The daily activity report, covering the previous night's activities, shall be submitted to the COR at the beginning of each day.

Monthly Activity Report: The Contractor shall provide a comprehensive monthly report summarizing all calls and messages received. The monthly activity report shall be submitted to the COR on the first business day of each month.

The Government will monitor calls daily to ensure that the Contractor is following the Statement of Work (SOW).

C.9 GOVERNMENT-FURNISHED RESOURCES

Upon award, the Government will provide the Contractor with a Call Center Handbook that includes names and phone numbers of Embassy employees. This handbook is for official use only and may not be shared outside the scope of the contract.

C.10 PERFORMANCE EVALUATION

The Contractor’s performance will be evaluated based on their adherence to the requirements outlined in this SOW, including timely and accurate reporting, professionalism of operators, and their ability to handle emergencies and overflow situations. The Government reserves the right to assess service quality and take corrective action as needed.

D. CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

D.1 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

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

Performance Objective Performance Threshold Services:

Performs all call center services set forth in the scope of work.

All required services are performed and no more than three (3) customer complaints are received per month.

1. SURVEILLANCE:

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

2. STANDARD:

The performance standard is that the Government receives no more than three (3) customer complaints per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions-Commercial Items), if any of the services fail to meet the standard.

3. PROCEDURES:

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

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

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

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

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

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

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

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

D.2 LAWS AND REGULATIONS

Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. If there is a conflict between the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, unless they are inconsistent with the requirements of this contract.

D.3 INVOICES, REVIEW AND PAYMENT

The Contractor shall submit monthly invoices to the Contracting Officer Representative and the designated billing office at: *To be designated on award.

A proper invoice must include the following information:

• Contractor’s name and bank account information for payments by Electric Funds Transfer (EFT).

• Invoice date and number.

• Contract number and line item number.

• A summary showing a listing of each member with total monthly price the currency the contract has been issued in. A detailed invoice for each Agency has to be attached to each summary invoice and should include the cost breakdown by each membership fee line according to the pricing schedule.

• Value Added Tax (VAT), if applicable, shall be a separate line item on each invoice.

• Payment shall be made in the currency the contractor specified in Section B Pricing.

Advance Payment shall not be authorized under this contract.

D.4 CHANGES IN OWNERSHIP

The Contractor shall furnish the COR advance notification (90 calendar days prior to the effective date) of any disposition or the change in ownership or terms of lease of any facilities utilized by him for performance of any service under this contract.

D.5 CHOICE OF LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

D.6 CONTRACT ADMINISTRATION DATA

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual.

This contract will be administered as follows:

Contracting Officer:

Nicolas A. Wilhelm Contracting Officer/Deputy Director Regional Procurement Support Office (RPSO)

Contract Administrator:

Patticha Gruenbeck Contract Specialist Regional Procurement Support Office (RPSO) Telephone: +49 069-7535-3345 Email: GruenbeckP@state.gov

Contracting Officer’s Representative (COR):

*To be designated on award.

SECTION II - CONTRACT CLAUSES

FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

This clause is incorporated by reference (see SF-1449, Block 27A).

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

ORDERS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

_X_ (4) 52.203-17, 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, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

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

__ (14) [Reserved].

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

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

__ (17) [Reserved] __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

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

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

__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2023) 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, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

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

_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_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).

__ (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).

_X_ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

7671, et seq.).

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

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

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

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

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

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

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

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

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

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

_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).

__ (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 (Oct2018) (31 U.S.C. 3332).

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

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

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

_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)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.

2631).

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

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

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

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

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

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

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

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

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

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

3801). Flow down required in accordance with paragraph (c) of 52.232-40.

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

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

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

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

Alternate II (Nov 2024). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

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

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

and

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

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

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

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

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

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

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

(D) 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).

(E) 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).

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

(G)__ (1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

__ (2) Alternate I (Dec 2023) 52.204-30.

(H) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (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.

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

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

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

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

(M) 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.

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

(O) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

__ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(P) 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).

(Q) 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).

(R) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

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

(T) 52.222-62, Paid Sick Leave Under Executive…