19GE5026Q0037-combined-synopsis-solicitation.pdf

SBU - CONTRACTING AND ACQUISITIONS

Combined Synopsis & Solicitation

United States Embassy Berlin, Germany Curtius Annex

Replace Outdated Fire Alarm System

Issued by:

American Consulate General Regional Procurement Support Office Gießener Straße 30 60435 Frankfurt am Main Germany

August 28, 2026

Combined Synopsis and Solicitation Solicitation Number 19GE5026Q0037

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

Replacement of the Outdated Fire Alarm System, Curtius Annex, U.S. Embassy Berlin, Germany.

This requirement is issued on behalf of the Facilities Management Office. All interested companies shall review the solicitation in its entirety and submit their quotes in accordance with the specifications provided in this document and its attachments. This solicitation may result in the issuance of a Firm-Fixed-Price purchase order.

B.1 Background:

The Facilities Management Office proposes to repair the outdated fire alarm system through replacement of the associated equipment at the Embassy of the United States of America in Berlin, Germany, in accordance with the Statement of Work.

B.2 Synopsis:

This is a combined synopsis/solicitation for commercial services prepared in accordance with FAR Parts 12. This announcement constitutes the only solicitation;

a separate written solicitation will not be issued, and offers are being requested herein.

Solicitation number 19GE5026Q0037 is issued as a Request for Quotation (RFQ) for Fire Alarm Replacement Installation Services.

This acquisition is not set aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of these provisions and clauses may be accessed electronically at www.acquisition.gov.

B.3 Contract Type:

The Government intends to award a single purchase order to the responsible offeror whose quotation is evaluated as providing the best value to the Government. The total price shall include all labor, equipment, delivery charges, materials, overhead, profit, insurance (see FAR 52.228-4 and 52.228-5), warranty, customs clearance, and all other costs necessary to deliver the required supplies and perform the required services.

No additional sums will be payable on account of escalation 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 under this contract. Likewise, the contract price will not be adjusted on account of fluctuations in currency exchange rates.

For purposes of this solicitation/RFQ and any resulting award, the term "contract" as used herein refers to the awarded purchase order.

B.4 Contract Line Items The offeror shall complete pricing information in Attachment 3.

http://www.acquisition.gov/

B.5 Period of Performance

The period of performance for this contract shall be 150 calendar days from the date of Notice to Proceed (NTP), unless otherwise extended in accordance with the terms of this contract.

B.6 Price Inclusions The price for services shall include all direct and indirect costs for equipment and labor, including but not limited to: labor and overtime; employee benefits; all social insurance (including any severance liabilities required by law); licenses;

communication equipment and associated expenses (e.g., radios or cell phones);

vehicles; vehicle maintenance and repair; all operating costs; fuel; and profit.

B.7 Defense Base Act (DBA) Insurance:

B.7.1 DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL). Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals(HCNs) and Third Country Nationals (TCNs). See website for country waivers: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm).

The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

B.7.2 The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-Section I.14, FAR 52.228-3 Workers’ Compensation Insurance

(Defense Base Act). (Jul 2014). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at https://www.dol.gov/owcp/dlhwc/lscarrier.htm.

B.7.3 The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the Pricing Schedule.

B.7.4 DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and apaid invoice) within 15 calendar days from the date of award.

B.7.5 Germany is currently included on the DOL’s active waiver list, therefore DBA insurance is only required for employees performing work on this contract who are either US citizens or residences or who were hired in the United States.

B.8 Abbreviations COR Contracting Officer’s Representative

DBA Defense Base Act

DOSAR Department of State Acquisition Regulations

FAR Federal Acquisition Regulations

SOW Statement of Work

UEI Unique Entity ID https://www.dol.gov/owcp/dlhwc/lscarrier.htm https://www.dol.gov/agencies/owcp/dlhwc/FAQ/DBAFaqs#1 https://acquisition.gov/dosar https://acquisition.gov/browse/index/far https://sam.gov/entity-registration

C. Statement of Work (SOW) C.1 Scope of Contract The purpose of this contract is to provide a replacement fire alarm system at the Curtius Annex, U.S. Embassy Berlin, Germany. The Contractor shall provide all supervision, labor, materials, and equipment necessary to fulfill this requirement.

C.2 General Requirements The Contractor shall replace the current, outdated fire panel and alarm system in its entirety, including the existing malfunctioning system, and shall extend coverage to include the workshop area of the building, which is not currently served by the system. The present system is outdated and has reached the end of its service life.

Compatibility: The new system must be compatible with existing building infrastructure and any future planned upgrades. All materials and installations must conform to Department of State (DoS) standards and applicable local building codes. The new system shall match or exceed the performance of the existing system to ensure seamless integration and long-term reliability.

Spare parts for the current system are no longer available. A portion of the building was never included in the original system installation. As a result, alarms do not currently reach the Facilities Management (FAC) workshops, and alarm sounds are indistinguishable or inaudible in certain parts of the building.

The following attachments provide Statement of Work (SOW) information:

Attachment 1: SOW

Attachment 2: Drawings

D: PACKAGING AND MARKING

Not applicable to services. All deliverables shall be submitted in accordance with Section C (Attachment 1) and Section F of this contract.

E: Inspection and Acceptance E.1 Quality Assurance and Surveillance Plan

(QASP)

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

Performance Objective Scope of Work Attachment 1

Performance Threshold

Services

Performs the replacement and installation set forth in the scope of work.

Pages 1 through 30.

All required Fire Alarm System services are in performed satisfactorily according to German standards DIN 0833-2 and

DIN 14675.

Roles and Responsibilities

Contracting Officer (CO)

• Overall contract administration and enforcement

• Final authority on contract compliance issues

• Takes corrective action for continued unsatisfactory performance

• Approves major corrective action plans

Contracting Officer's Representative (COR)

• Day-to-day contract surveillance and monitoring

• Primary point of contact with Contractor's supervisor

• Documents performance and complaints

• Conducts scheduled and unscheduled inspections

• Reviews and approves contractor submittals

• Recommends corrective actions to the CO

Contractor's Project Manager

• Ensures workforce compliance with contract requirements

• Responds to COR notifications within specified timeframes

• Implements quality control measures

• Submits required documentation and reports

E.2 Acceptance Acceptance of services shall be made by the COR. Services shall be accepted upon confirmation that they conform to the requirements of this contract, including the Performance Work Statement in Section C and the Quality Assurance Surveillance Plan (QASP) in Section E.1.

E.3 Unsatisfactory Performance The COR shall advise the Contractor of any unsatisfactory performance and notify the Contracting Officer of continued unsatisfactory performance in accordance with the QASP.

F. Deliveries or Performance

F.1 Period of Performance

The period of performance for this contract shall be 150 calendar days from the date of Notice to Proceed (NTP), unless otherwise extended in accordance with the terms of this contract.

Performance shall be organized into the following phases, consistent with the Statement of Work (Attachment 1):

Planning and Design (Phase 1). The Contractor shall complete preliminary planning, project engineering, and system design of the fire alarm system, including piping network plans, riser diagrams, control unit diagrams, and required system calculations (battery, voltage drop, and line resistance calculations), in accordance with DIN VDE 0833-2.

Material Procurement (Phase 2). The Contractor shall procure all fire alarm system components, control panels, detectors, cabling, and ancillary materials specified in the Statement of Work.

Cable Network and Line Installation (Phase 3). The Contractor shall install the cable network in accordance with applicable standards, including the MLAR (Muster- Leitungsanlagen-Richtlinie), coordinating cable routing with the Government's technical building services (TGA).

Installation and Labor Services (Phase 4). The Contractor shall remove the existing fire alarm system, establish a temporary system as needed, and install all detectors, sirens, and related components.

Expert Acceptance and Final Testing (Phase 5). The Contractor shall accompany the Government-designated expert inspector (Prüfsachverständiger) for final acceptance testing of the completed fire alarm system.

F.2 Hours of Performance

All installation and labor activities shall be performed during standard weekday working hours, 7:30 a.m. to 4:15 p.m., Monday through Friday, unless otherwise coordinated in advance with the Contracting Officer's Representative (COR).

F.3 Notification of Delays

The Contractor shall notify the Contracting Officer in writing as soon as possible upon becoming aware of any condition that may delay performance, in accordance with FAR 52.212-4(f), Excusable Delays, and shall notify the Contracting Officer once the delaying condition has been resolved.

F.4 Place of Performance

Performance shall take place at:

U.S. Embassy Berlin, Curtius Annex Curtiusstrasse 64 12205 Berlin – Steglitz- Zehlendorf, Germany

F.5 Final Acceptance

Final acceptance of the completed fire alarm system shall occur upon successful completion of testing and commissioning, and upon sign-off by the Government's designated inspection expert, in accordance with Section E of this contract.

F.6 Deliverables Schedule

Deliverable Quantity Delivery Date

Deliver To

Defense Base Act Insurance Certificate (if applicable)

1 10 days after award

Contracting Officer

Certificate of Insurance (General Liability)

1 10 days after award

Contracting Officer

Licenses and Permits 1 10 days after award

Contracting Officer

Preventive Maintenance Schedules

1 Upon request COR

Monthly Payment Request (incl.

signed IRS W-14)

Monthly Monthly COR

G. CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer's Representative (COR) The Contracting Officer's Representative (COR) for this contract is:

Ms. Silke Schoen

Maintenance Supervisor MGT/FAC

U.S. Embassy Berlin, Curtius Annex

Curtiusstraße 64

14191 Berlin, Germany

Office: +49 30 8305-1607

Mobile: +49 173 9450938

Email: SchoenS@state.gov

The COR is authorized to monitor contractor performance and provide technical direction within the scope of this contract. The COR is not authorized to modify the terms or conditions of the contract. All contract modifications must be executed by the Contracting Officer.

G.2 Contracting Officer Mr. Travis Keon

Regional Procurement Support Office (RPSO)

Gießener Straße 30

60435 Frankfurt am Main

Email KeonTK@state.gov

G.3 Invoice Submission The Contractor shall submit electronic invoices in arrears to the Financial Management Office at:

American Embassy Berlin

Clayallee 170

Financial Management Service Center, ATTN: DBO

14191 Berlin, Germany

BerlinFmcInvoice@state.gov

VAT (priced as a separate line item)

Total Price

H. Special Contract Requirements H.1 Subcontracting

(a) The Contractor may subcontract portions of the work required under this contract for the installation and replacement of the fire alarm system provided that such subcontracting is consistent with the terms of this contract and applicable Federal Acquisition Regulation (FAR) requirements, including FAR Subpart 44.2 (Consent to Subcontracts) and, if applicable, FAR 52.244-2, Subcontracts.

(b) The Contractor shall notify the Contracting Officer (CO) in writing and obtain written consent prior to entering into any subcontract for specialty trade work, including but not limited to fire alarm system design, electrical wiring, low-voltage installation, fire suppression integration, or life-safety system testing and mailto:KeonTK@state.gov mailto:BerlinFmcInvoice@state.gov certification, regardless of dollar value, unless such consent has been waived under an approved purchasing system.

(c) All subcontractors performing fire alarm system installation, wiring, or certification work shall hold current, valid licenses and certifications as required by the SOW, and shall comply with applicable life-safety codes referenced in the SOW.

(d) The Contractor remains fully responsible for the performance of all subcontracted work and shall ensure that all subcontracts flow down applicable clauses required by this contract, including but not limited to clauses related to site security, access control for the annex facility, safety protocols for warehouse operations during installation applicable to construction and life-safety system work.

(e) The Contractor shall not use unidentified or non-vetted subcontractors. All proposed subcontractors must be identified to the Government, including evidence of applicable licensing and insurance, and are subject to Government review and approval prior to commencing any work under this contract.

(f) Subcontracted personnel requiring access to the annex facility shall comply with all applicable installation access and security requirements as specified in Section H.2 of this contract.

(g) Nothing in this clause shall be construed to create privity of contract between the Government and any subcontractor.

H.2 Security Requirements The Contractor shall provide the COR with a list of employees who will perform under this contract no later than three (3) weeks prior to the start of the period of performance, and shall provide updated lists as necessary throughout the life of the contract. The Contractor shall not substitute personnel other than those listed without prior written approval from the COR. All employees performing under this contract must successfully pass the Embassy's background check prior to being granted access to the worksite.

H.3 Permits and Licenses Without additional cost to the U.S. Government, the Contractor shall obtain all permits, licenses, and appointments required for performance under this contract, in compliance with applicable host country laws. The Contractor shall provide evidence of possession or application status for such permits, licenses, and appointments to the Contracting Officer within 10 days of award and shall provide updates as they become available. All application fees, justifications, and certifications for host government licensure are entirely the responsibility of the Contractor.

H.4 Removal of Contractor Employees The Contracting Officer may direct the Contractor to remove any contractor employee from the contract for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract.

I. Applicable Clauses and Provisions:

I.1 Clauses incorporated by reference

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

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference:

Clause Tittle and Date

FAR 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government (Nov 2021)

FAR 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) https://www.acquisition.gov/

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 52.204-13 System for Award Management-Maintenance (DEVIATION

JAN 2026)

FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Deviation Jan 2026)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Deviation Jan 2026)

FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Deviation Feb 2026)

FAR 52.222-50 Combating Trafficking in Persons (Deviation Feb 2026) FAR 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving (May 2024) FAR 52.229-12 Tax on Certain Foreign Procurements (Feb 2021) FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management (Oct 2018) FAR 52.233-3 Protest after Award (Deviation Jan 2026) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Deviation

Jan 2026) FAR 52.240-91 Security Prohibitions and Exclusions (Deviation Jan 2026) FAR 52.244-6 Subcontracts for Commercial Products and Commercial

Services (Deviation Jan 2026) DOSAR 652.204-70 Department of State Personal Identification Card Policy and Procedures (Jan 2026) DOSAR 652.225-70 Arab League Boycott Of Israel (Aug 1999)

DOSAR 652.225-71 Section 8(A) Of The Export Administration Act Of 1979, Amended (Aug 1999) DOSAR 652.229-71 Personal Property Disposition At Posts Abroad (Aug1999) DOSAR 652.237-72 Observance Of Legal Holidays And Administrative Leave

(Feb 2015) DOSAR 652.237-802 Contractor identification DOSAR 652.243-70 Notices (Aug 1999) DOSAR 652.242-70 Contracting Officer's Representative (Cor) (Aug 1999)

I.2 Provisions incorporated by reference Provision Tittle and Date

52.203-11 Certification And Disclosure Regarding Payments to

Influence Certain Federal Transactions (Sept 2024) 52.203-18 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)

52.204-7 System for Award Management - Registration (Deviation Jan 2026)

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

I.3 Clauses and Provisions in full text The following clause(s) and provision(s) are provided in full text:

I.3.1 FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services. (Deviation Jan 2026)

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

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

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

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

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

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

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

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

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

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

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

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

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

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

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

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

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

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

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

or

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

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

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

(1) The schedule of supplies/services;

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

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

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

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(End of clause)

I.3.4 DOSAR 652.222-800 - Recruitment of Third Country Nationals for Performance on Department of State Contracts (MAY 2023)

1. Where contracts exceeding the Simplified Acquisition Threshold will require the recruitment of Third Country Nationals (TCNs), the offeror is required to submit a Recruitment Plan as part of its proposal. Offerors providing employer furnished housing are required to submit a Housing Plan. All plans are assessed on a pass/fail basis.

2. Recruitment Plans must:

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the contractor intends to recruit them.

b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. State in the offer that the recruited employee will not be charged recruitment fees as defined in FAR 22.1702 and FAR52.22-50. The contractor or employer pays the recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on Department of State contracts. d. Recruitment fees included by the prime contractor in the contract price must be allowable by country law, allocable to the contract based on benefit to the program, and reasonable based on what a prudent businessperson would pay for similar expenses and charges. The reasonableness of recruitment fees should be assessed based on the reasonableness of the individual components.

e. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.

f. State in the offer that the contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

g. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror will submit a Housing Plan if it intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes. Contractor shall comply with any Temporary Labor Camp standards contained in their contract. In contracts without a Temporary Labor Camp standard, a minimum of 70 square feet per employee must be allocated if an employee is housed individually; if housed together, a minimum of 50 square feet per employee must be allocated unless waived by the Contracting Officer. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

4. Department of State contractor and subcontractors will prevent human trafficking and treat employees with respect and dignity by taking the following actions:

a. Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documents, passports, or immigration documents.

Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.

b. Contractor shall provide employees with signed copies of the/their employment contracts that are in a language the worker understands and define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working conditions are anticipated. Contracts must be provided prior to employee departure from their countries of origin.

Fraudulent recruiting practices, including deliberately misleading information, will be considered a material breach of this contract.

c. Contractor shall provide all employees with the Department’s “Know Your Rights” poster and document that employees have been briefed on the contents of the poster. The English language version is available at posters and accompanying directions or from the Contracting Officer.

d. Contractor shall display posters in worker housing advising employees in English and the dominant language of the TCNs being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline, StateOIG.gov/Hotline at 202-647-3320 or 1-800-409- 9926 or via email at WPEAombuds@stateoig.gov.

e. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against procuring commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer’s Representative.

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers who have traveled from other countries for contract performance except an employee legally permitted to remain in the country of work and who chooses to do so; including an employee who is a victim of trafficking seeking victim services and/or legal redress in the country of employment and/or is a witness in a trafficking-related enforcement action.

g. Contractor shall monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.

h. The contractor agrees to include FAR Clause 52.222-50 Combating Trafficking in Persons in all subcontracts over the simplified acquisition threshold involving recruitment of third country nationals for subcontractor performance.

5. For contracts or subcontracts with performance overseas valued at $700,000 or more, other than those commercially available off-the-shelf items, offerors will certify with the submission of their proposal and annually thereafter that the contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent human trafficking and to comply with the provisions of this clause. The certification will confirm that, to the best of its knowledge and belief of the signatory, neither the prime nor its agents nor subcontractor have engaged in any trafficking related activities, including the procurement of a commercial sex act during the period of the contract, the use of forced labor in the performance of the contract, acts that support or facilitate trafficking in persons such as destroying or confiscating employees’ documents or failing to provide return transportation, soliciting employees by use of fraud or charging recruitment fees or providing sub-standard housing described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause. The certification will also confirm that if any violations have been found, the contractor has taken the appropriate remedial and referral actions.

6. Contractors and subcontractors can find a model FAR compliance plan, a sample code of conduct, a supplier/subcontractor self-assessment questionnaire, and criteria to select and monitor labor recruiters among other tools on the Responsible Sourcing Tool website. The Responsible Sourcing Tool is designed to assist Federal contractors, procurement officials, and other stakeholders in identifying human trafficking or trafficking-related activities in their supply chains and developing effective management systems to prevent and address these issues. Beyond the due diligence tools, the site enables federal contractors, acquisition officials, and other entities to visualize human trafficking risks by location, industry sector, and commodity.

I.3.5 DOSAR 652.242-73 - AUTHORIZATION AND

PERFORMANCE (AUG 1999)

(a) The contractor warrants the following:

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

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

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

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

J. List of Attachments Attachment 1: Statement of Work Attachment 2: Pricing Attachment 3: Drawings Attachment 4: Form W-14 Attachment 5: Form W-14 Instructions Attachment 6: Third Country National Attachment 7: Past Performance

K. Representations and Certifications The offeror is required to fill and sign “Representations and Certifications” containing the following provisions:

K.1 FAR 52.240-90 - Security Prohibitions and Exclusions Representations and Certifications (Deviation Jan 2026)

(a) Definitions. As used in this provision-—

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-

344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g).