19GT5026Q0005 - Guatemala - Meal Rations and Bottled Water.pdf
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- Guatemala - Meal Rations and Bottled Water
- Solicitation number
- 19GT5026Q0005
About this file
This is a Request for Quotation (RFQ) issued by the American Embassy Guatemala City for the acquisition of packaged meal rations and bottled water. The RFQ was issued on January 22, 2026, with a quotation deadline of February 6, 2026, by 5:00 PM (17:00). The delivery deadline is March 6, 2026, with delivery required within ten calendar days after contract award. This is not a small business set-aside.
The requirement is for a one-time purchase of 3,000 packaged meal rations and 6,000 units of bottled water, to be delivered to Centro de Negocios La Paz, Warehouse No. 312 in Guatemala City. Each meal ration must contain nine specified components including an isotonic drink, canned fruit cocktail, refried black beans, tamalito de chipilín, granola bar, mixed nuts, plastic utensils, and a clear plastic bag, packaged together in polypropylene sacks with 20 rations per sack. Bottled water must be factory-sealed 500-milliliter units. All products must have a minimum of 12 months remaining shelf life at delivery and must be new, unused, and free from defects. The contractor is solely responsible for customs clearance in Guatemala and must submit a detailed importation plan demonstrating understanding of the import process. Payment terms are Net 30 days by electronic funds transfer, with pricing in either U.S. dollars or Quetzales. Value Added Tax (12%) is excluded from unit pricing and invoiced separately. The contractor must coordinate delivery at least five business days in advance with the INL-assigned Point of Contact and deliver only Monday through Friday between 08:00 and 15:00 hours, excluding U.S. and Guatemalan holidays. The government will inspect all items for compliance with technical specifications, proper packaging, and quantity accuracy, and any non-compliant items must be replaced at no additional cost within five calendar days of notification.
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PAGE OF PAGESREQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS x IS NOT A SMALL BUSINESS SET-ASIDE 1 47
1. REQUEST NO.
19GT5026Q0005
2. DATE ISSUED
01/22/2026
3. REQUISITION/PURCHASE REQUEST NO.
PR15807242
4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY
AMERICAN EMBASSY GUATEMALA CITY
Boulevard Austriaco 11-51, Zona 16, ATTN: GSO - PROCUREMENT SECTION Guatemala
GUATEMALA
6. DELIVER BY (Date) 03/06/2026
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
TELEPHONE NUMBER
7. DELIVERY
x FOB DESTINATION
OTHER
(See Schedule)
9. DESTINATION
NAME
Zayda A Serech
AREA CODE NUMBER
(502)3031-6838
8. TO:
a. NAME OF CONSIGNEE
AMERICAN EMBASSY GUATEMALA CITY
a. NAME b. COMPANY b. STREET ADDRESS
1a. Avenida 7-59, Zona 10, ATTN: NAS WAREHOUSE
c. STREET ADDRESS c. CITY
GUATEMALA
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
02/06/2026
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
d. CALENDAR DAYS
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%)
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF QUOTATION
16. SIGNERb. STREET ADDRESS
b. TELEPHONE
c. COUNTY
a. NAME (Type or print)
AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-18 - RFQ NUMBER 19GT5026Q0005
PRICES, BLOCK 23
I SCOPE OF SERVICES
The purpose of this Statement of Work (SOW) is the acquisition of Packaged Meal
Rations and Bottled Water for the U.S. Embassy Guatemala.
II PRICING
A. This shall be a firm-fixed price type of purchase order.
B. The prices listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to indicated address by the
U.S. Embassy – Guatemala.
C. All prices are in US Dollar or Quetzales, depending on the Contractor’s capacity to invoice and receive payments in the currency quoted.
D. VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on
Invoices. The amount of tax to be charged is 12% (IVA). The Government is exempt from taxes (IVA tax). Once invoiced, awarded Contractor will be provided with a tax exemption form as VAT payment.
E. Payment terms are Net 30 days.
F. Payment will be processed by EFT only. The Contractor may submit an invoice per order.
Line
Item
Description
Unit
Unit
Price
Qty.
Total
Price
1 MEAL RATIONS Each 3,000
2 BOTTLED WATER Each 6,000
III. SCHEDULE OF SUPPLIES/SERVICES, DESCRIPTION/SPECIFICATIONS/WORK
STATEMENT
This requirement is a one-time purchase of 3,000 packaged meal rations and 6,000 units of bottled water, all of which must comply with the technical specifications and quality standards detailed in the Statement of Work (SOW).
A. Technical Specifications
The Contractor shall provide all supplies described herein in full compliance with the technical requirements established for packaged meal rations and bottled water. All offered items may meet or exceed the minimum specifications listed below and must adhere to the quality, safety, labeling, packaging, and shelf-life standards required by the
U.S. Embassy in Guatemala.
All technical specifications required for this procurement are defined within the
Statement of Work (SOW), including but not limited to:
1. Required quantities of packaged meal rations and bottled water.
2. Mandatory components of each meal ration unit (as listed in Table A).
3. Acceptable product characteristics, including brand equivalencies, packaging format, hygiene requirements, and nutritional adequacy.
4. Shelf-life requirements, mandating a minimum of 12 months of remaining shelf life at the time of delivery.
5. Quality assurance and traceability requirements, including labeling, sanitary handling, and batch identification.
6. Packaging and grouping requirements, including packing 20 individual rations per polypropylene sack.
7. Delivery conditions and logistics, including delivery timelines, warehouse access procedures, and documentation required upon delivery.
8. All proposed products must be new, unused, and free from defects. Refurbished, expired, or previously stored items shall not be accepted under any circumstances.
The Contractor shall carefully review the SOW and ensure that their proposal addresses each of these technical requirements. Failure to demonstrate full compliance may result in rejection of the offer.
B. Project Deliverables
The U.S. Embassy Guatemala required the acquisition of Packaged Meal Rations and
Bottled Water.
Each ration shall include the items listed below, packaged together as a single meal unit.
Bottled water will be delivered separately in factory-sealed containers.
Table A – Meal Rations (3,000 units) Contents of Each Ration Package: the specific components required inside every ration unit to ensure consistency and nutritional adequacy.
Item
Description Unit Qty. per Ration
1 Isotonic drink (600ml) – similar/equal to Gatorade
Each 1
2 Canned fruit cocktail (4oz x2 or 8oz can) – similar/equal to Del Monte
Each 1
3 Canned refried black beans (5.5oz) – similar/equal to Ducal/Mahler/Del
Monte
Each 1
4 Tamalito de Chipilín (5.5oz) – similar/equal to Ducal
Each 1
5 Granola bar with fruit (23g) – similar/equal to Tosh
Each 1
6 Mixed nuts bag (85g) – similar/equal to Cashita’s
Each 1
7 Plastic fork, spoon, 2 napkins set (in sealed plastic wrap)
Set 1
8 Clear resistant plastic bag (approx.
15x25”) to pack all items
Bag 1
9 Polypropylene sack (100 lb capacity) with 20 rations packed per sack (for delivery)
Each
As needed
Table B – Bottled Water (6,000 units)
Item
Product Description Unit Qty per Ration
1 Bottled water, Factory sealed, 500 ml, Aqua brand or similar
Each 1
IV. PERFORMANCE REQUIREMENTS
A. Period of Acceptance of Offers
The Contractor shall agree that their proposal remain valid for 90 calendar days from the date specified for receipt of quotes, unless a longer period is specified by the offeror.
B. Description
The Contractor shall provide a description and nomenclature of the quoted item and include relevant product literature. The quotation must confirm compliance with all required features and specify warranty terms. Proposals shall address all technical requirements outlined in the Statement of Work. In a separate document, Contractors shall provide brand names, product specifications, lot numbers (if applicable), expiration dates, and any other information necessary to demonstrate full compliance.
Expiration and Shelf Life: All products (rations and bottled water) may have a minimum remaining shelf life of 12 months from the date of delivery. Products with less than 12 months of shelf life shall be rejected at no cost to the Government. If the awarded Contractor fails to comply with this requirement, the contract may be subject to termination.
Quality Control: Contractor shall implement and maintain quality control procedures to ensure hygienic packaging, sanitary storage, accurate quantities, handling, transportation and compliance with this Statement of Work.
To facilitate verification and avoid the need to open individual ration bags upon delivery, Contractor shall also include with their proposal a consolidated list of all products to be used in each meal ration, specifying their respective expiration dates and lot numbers (if applicable).
C. Packing requirements
Contractor must pack 20 individual ration bags into a resistant polypropylene sack with a minimum 100-pound capacity. Sacks must be securely tied and clearly labeled with the number of rations contained, production date, and expiration date. Example: If 3,000 individual rations are ordered, the Contractor shall deliver 150 polypropylene sacks containing 20 rations each.
Labeling and Traceability: All ration packages and bottled water must be labeled in
Spanish or English with the product name, contents, net weight/volume, and expiration date. Each delivery lot must be traceable to its production batch.
Transportation and Storage: Contractor shall ensure that rations and bottled water are transported under sanitary conditions and stored in compliance with food safety standards to prevent spoilage or contamination prior to delivery.
Responsibility for Replacement: Any products damaged in transit, expired, or otherwise non-compliant with this SOW must be replaced by the Contractor at no additional cost to the Government.
D. Delivery Date
The Contractor shall deliver all items not later than 10 days upon purchase order award.
E. Delivery Location
The Contractor shall deliver all ordered items to Final destination within ten (10) calendar days after contract award. Late delivery that exceeds this period may be rejected at no cost to the U.S. Government.
Delivery shall be coordinated in advance. The Contractor shall contact the INL-assigned
Point of Contact (POC) at least five (5) business days prior to delivery to coordinate the delivery date and time and to ensure access authorization to the warehouse facility.
POC: Carlos Coyoy
Centro de Negocios La Paz, Warehouse No. 312 Calzada La Paz 23-23, Zone 17, Guatemala City
Phone number: +502 46367263
Each delivery shall be accompanied by a delivery note or invoice listing the product description, quantity, lot numbers (if applicable), and expiration dates.
F. Direct Delivery
The Contractor shall be aware that U. S. Embassy Guatemala will not be involved in the importation process. The Contractor is sole responsible for clearing customs in
Guatemala and deliver to final destination (Centro de Negocios La Paz, Warehouse No.
312 Calzada La Paz 23-23, Zone 17, Guatemala City). Bureau of International Narcotics and Law Enforcement Affairs - INL (NIT: 6358562-6) will provide the duty free exemption for the exoneration of the importation taxes and VAT, one week after all documents (bill of lading and invoice) have been sent to the email: Guatemala-INL-
Procurement@state.gov.
INL/Customs & Shipping will act as the importer of goods to extend the duty free, otherwise, the contractor will be responsible of paying importation taxes.
• When submitting its proposal, the contractor must include an importation plan explaining in detail the actions that will be taken to deliver the requested goods to the final location. The Contractor must demonstrate an understanding of the importation process. The importation plan will be considered as an evaluation factor when reviewing the contractor’s proposal.
• The Contractor’s personnel must be physically on site at the time of delivery to perform the inventory unless other instructions are provided by the end user/the requesting office.
mailto:Guatemala-INL-Procurement@state.gov mailto:Guatemala-INL-Procurement@state.gov
• Any Contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies. The user /the requesting office designated point of contact will be responsible for instructing
Contractor personnel at the time deliveries are made.
• Advance notice of at least 2 days will be required.
G. Any Contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies.
H. The Contractor shall deliver only on Monday through Friday, between 08:00 and
15:00 hours, excluding U.S. and Guatemalan holidays.
I. Warranty
The Contractor warrants that all items delivered under this purchase order shall be new, unused, free from defects, and compliant with all technical specifications listed in this solicitation. All rations and bottled water must have a minimum remaining shelf life of 12 months at the time of delivery.
Any items that are damaged, expired, contaminated, improperly sealed, or otherwise non-compliant with this solicitation shall be replaced by the Contractor at no additional cost to the Government. Replacement items must be delivered within five (5) calendar days of notification by the Government.
J. Inspection and Acceptance
Inspection and acceptance will be performed by the Point of Contact or designated receiving official at the time of delivery. The Government will inspect all delivered items to verify:
1. Correct quantities
2. Compliance with technical specifications
3. Minimum 12-month shelf life
4. Proper packaging, labeling, and grouping
5. Absence of damage, leakage, contamination, or expired items
6. Compliance with delivery date and documentation requirements
Items that do not meet these requirements shall be rejected and must be replaced by the
Contractor at no additional cost. The Government may withhold acceptance until all deficiencies have been corrected.
V. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
Acceptance Criteria:
Quality control acceptance of completed delivery and invoice under this contract shall be based on:
• Items must be new, not rebuilt.
• Meet the technical requirements described above.
A. Quality Assurance – if end users or U. S. Embassy Guatemala officials find an incomplete or defective item, they should immediately refrain from receiving it and notify the Contractor. If the Contractor fails to meet the performance standard, the US
Government reserves the right to act, including a deduction from any invoice.
B. Quality Assurance Surveillance Plan – the Contractor’s performance will be rated according to the following quality control plan. The Contractor must implement and adhere to the quality control plan when the project begins and throughout all its period of performance.
The government reserves the right to consider all available information concerning past performance in making a responsibility determination. The government reserves the option to make minor pricing adjustments during the evaluation process to take into consideration minor differences in the quality and value added offered to ensure a level playing field for low price determination of responsive/responsible offers.
VI. EVALUATION FACTORS
A. Past Performance: A list of contracts within the last two (2) years for the provision of comparable equipment to federal or commercial customers. The list shall include contact information (name, organization, email, and phone) and limited to no more than five (5) references.
B. Award will be made to the best technical, acceptable, responsible quoter. The quoter shall submit a completed solicitation.
C. Offerors bids must comply with all technical specifications and conditions established in this scope to be consider for award.
D. All offerors intending to deliver the requested items in Guatemala must include a line item that considers all related shipping, customs, and handling expenses in their quote, the US Embassy will not cover these expenses outside of the awarded purchase order.
E. The offerors shall provide the prices and be responsible to deliver the products to destination; and responsible for the customs process after duty free paperwork is provided, if applicable. Delivery is estimated to not exceed 10 calendar days after the order is awarded.
F. The Government reserves the right to reject proposals that are unreasonably low or high in price.
G. The lowest price will be determined by multiplying the offered prices times the quantities in and arriving at a grand total, including all options, if any.
G. The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ.
Point of Contact:
Zayda Serech
Contracting Agent
U.S. Embassy Guatemala
Email: SerechZA@state.gov
Tel. (502) 2354-0327 Mobile. (502) 3031-6838
Due dates:
Due date to submit questions is January 28, 2026, by COB 17:00. Questions shall be sent to Zayda Serech to SerechZA@state.gov
Due date to submit quotations is February 06, 2026, by COB 17:00. Quotations shall be submitted to GuatemalaBids@state.gov
QUOTES SENT BY ANY OTHER MEANS WILL NOT BE CONSIDERED FOR
THIS SOLICITATION.
mailto:SerechZA@state.gov
CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE
AGREEMENTS AWARDED BY OVERSEAS CONTRACTING ACTIVITIES
(Current thru FAC 2023-02, effective 03/2023)
COMMERCIAL ITEMS
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This purchase order or BPA incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting
Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: Acquisition.gov this address is subject to change.
DOSAR clauses may be accessed at: https://acquisition.gov/dosar
FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:
NUMBER TITLE DATE
52.204-7 SYSTEM FOR AWARD MANAGEMENT
NOV 2024
52.204-9 PERSONAL IDENTITY VERIFICATION OF
CONTRACTOR PERSONNEL
JAN 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
OCT 2018
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY
CODE REPORTING
AUG 2020
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY
CODE MAINTENANCE
AUG 2020
52.204-25
PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
NOV 2021
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
SEP 2023
52.212-4 CONTRACT TERMS AND CONDITIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
NOV 2023
52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED
OPERATIONAL AREA OR SUPPORTING A
DIPLOMATIC OR CONSULAR MISSION OUTSIDE
THE UNITED STATES
MAY 2020
52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE
DEC 2007
https://acquisition.gov/browse/index/far https://acquisition.gov/dosar
52.228-3 WORKERS’COMPENSATION INSURANCE
(DEFENSE BASE ACT)
JUL 2014
52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD
INSURANCE OVERSEAS
APR 1984
52.232-40 PROVIDING ACCELERATED PAYMENTS TO
SMALL BUSINESS SUBCONTRACTORS
MAR 2023
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
JAN 2025
52.246-26 REPORTING NONCONFORMING ITEMS
AUG 2024
THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:
CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS
(FEB 2023)
(a)Definitions. As used in this clause:
Covered article - The term "covered article" includes-
(1)"Information and Communications technology" which means-
(i)any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use of that equipment, or of that equipment to a significant extent in the performance of a service or the furnishing of a product.
(ii)computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; however, does not include any equipment acquired by a federal contractor incidental to a federal contract.
(2)"Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).
(3)"Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(4)“Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.
(b)Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The
Contractor shall take all prudent actions and comply with all Government direction (as identified in paragraph (c)) to regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services affecting covered articles to the Government. The Contractor shall maintain artifacts that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request.
(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. The
Government may perform a cybersecurity supply chain risk assessment at any time during contract administration to identity, assess, and monitor the cyber risks of the
Contractor’s supply chain. The Contractor agrees that the Government may, at its own discretion, perform on-site assessments to collect information for the cybersecurity supply chain risk assessment. In performing the cybersecurity supply chain risk assessment, the Government may review any information provided by the Contractor, along with any other information available to the Government from public, unclassified, classified, or any other sources. Examples of information that the Government may collect for the cybersecurity supply chain risk assessment includes the following:
1. Functionality and features of covered articles, including access to data and information system privileges.
2. The user environment where a covered article is used or installed.
3. The ability of a source to produce and deliver covered articles as expected.
4. Foreign control of, or influence over, a source or covered article (e.g., foreign ownership, personal and professional ties between a source and any foreign entity or legal regime of any foreign country in which a source is headquartered or conducts operations).
5. Implications to Government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article.
6. Vulnerability of Federal systems, programs, or facilities.
7. Market alternatives to the covered source.
8. Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization’s operations or mission.
9. Likelihood of a potential impact or harm, or the exploitability of a system.
10. Security standards of the supplier as demonstrated by cooperation with assessments.
11. Security, authenticity, and integrity of covered articles and their supply and compilation chain.
12. Capacity to mitigate risks identified.
13. Factors that could lead to inability of the supplier to provide security updates.
14. Factors that may reflect upon the reliability of other supply chain risk information.
15. Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.
(d) Non-Destructive and Destructive Testing. The Government may engage in non-destructive and/or destructive testing of any information system, equipment, and software to determine whether it will negatively affect the security or performance of a
Department of State information system.
(e) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.
(f) Software Bill of Materials (SBOM) Requests. For software, within 10 business days of request by a Department of State representative, the Contractor shall submit a SBOM to a designated representative. This request may be requested on one (1) or more occasions and shall be delivered at no increase in contract price.
(g) SBOM Sharing Notice. The Contractor consents to the sharing of its SBOM data with other contractors, such as tool solution providers, for the sole purpose of mapping against known vulnerabilities.
(h) Notification procedures for cybersecurity supply chain events. When cybersecurity supply chain events occur, the Contractor must contact the Contracting Officer or his/her designee within 12 hours of the event.
(i) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.
(j) Vulnerability Exploitability eXchange (VEX). The Contractor is required to notify the
Department of any discovered software vulnerabilities within 12 hours. Within three (3) days, they shall provide a report using a VEX format.
(k) Attestation following Major Version Change. Critical Software, as defined by
National Institute for Science and Technology (NIST) Guidance, that is provided by the
Contractor or subcontractors and is modified during the contract’s period of performance by a major version change (e.g., using a semantic versioning schema of Major Minor
Patch, the software version number goes from 2.5 to 3.0) requires a new self-attestation.
For indefinite delivery contract vehicles, this self-attestation must be provided for all critical software available for ordering on the contract vehicle when the software is modified during the contract vehicle’s ordering period of performance by a major version change. The Contractor shall either (i) post the new attestation in a publicly available internet location within 15 days of the major version change and provide the COR, or
Contracting Officer if a COR is not appointed, with the internet link or
(ii) shall contact the COR, or Contracting Officer if a COR is not appointed, and request the agency’s current software self-attestation form and submit it to the Government within 15 days of the major version change. The self-attestation form will contain the following elements: (i) the software producer's name; (ii) a description of which product or products the statement refers to including the number of the major version change; and
(iii) a statement attesting that the software producer follows secure development practices and tasks consistent with NIST Guidance.
(End of clause)
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 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (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.)
__ (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).
__ (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).
__ (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).
__ (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.
__ (12) 52.209-6, Protecting the Government's Interest When
Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or
Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
__ (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).
https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6
__ (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 (Jan
2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan
2025) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jan 2025) of 52.219-9.
__ (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar
2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022)
(15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep
2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
__ (26)
(i) 52.219-28, Post award Small Business Program Representation (Jan
2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022)
(15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small
Business Program (Oct 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business
Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C.
637(a)(17)).
__ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (32) 52.222-19, Child Labor—Cooperation with Authorities and
Remedies (Jan 2025)( E.O. 13126).
__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (34) https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (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.
__ (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.
__ (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).
__ (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov
2021) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and
E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (Jan
2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global
Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of
Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O.
14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 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) https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.federalregister.gov/executive-order/14057 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1
(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.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (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).
__ (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).
__ (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).
__ (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).
https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3805&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4001&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-chapter29&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-5#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/52.225-13#FAR_52_225_13 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-4#FAR_52_226_4 https://www.acquisition.gov/far/52.226-5#FAR_52_226_5 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.229-12#FAR_52_229_12 https://www.acquisition.gov/far/52.232-29#FAR_52_232_29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-30#FAR_52_232_30 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3805&num=0&edition=prelim https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.232-36#FAR_52_232_36 https://www.acquisition.gov/far/52.239-1#FAR_52_239_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.242-5#FAR_52_242_5 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim
__ (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.
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