19GT5026Q0080 - Microbus and Workvan Vehicles.pdf
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- Guatemala - Microbus and Work Van Vehicles
- Solicitation number
- 19GT5026Q0080
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Summary: Request for Quotation 19GT5026Q0080
This is a Request for Quotation (RFQ) issued by the U.S. Embassy Guatemala on August 17, 2026, for the procurement of two motor vehicles. The acquisition seeks one 2027 or newer microbus similar to or equal to a Nissan Urvan 14-passenger model and one 2027 or newer work van similar to or equal to a Lite ACE Toyota, along with the cost to process either C or P registration plates for both vehicles. All prices must be Cost and Freight (CIF) delivered to Boulevard Austriaco 11-51, Zona 16, Guatemala City, with delivery required within 60 calendar days of purchase order award. Quotations are due by September 4, 2026, at 17:00 hours via email to GuatemalaBids@state.gov. The government intends to award one or two purchase orders based on initial quotations without discussions, unless competitive range discussions are deemed necessary. This is a firm-fixed price acquisition with Net 30 payment terms via Electronic Funds Transfer only. Value Added Tax will be exempted upon presentation of appropriate documentation.
Prospective quoters must be registered in the System for Award Management (SAM) at www.sam.gov prior to submission. Required submittal documents include an SF-18 cover page, Section I Statement of Work, Section II Description, warranty statement, delivery schedule, and proof of SAM registration. The microbus must feature a 2,500 cc turbo diesel engine with 127 HP, front and rear air conditioning, ABS brakes, automatic transmission preferred, and complete interior amenities. The work van must include a gasoline engine with 97 HP, front disc brakes with ABS, driver and passenger airbags, and electronically assisted steering. All vehicles must be new, in optimal condition, with Spanish-language manuals and technical specification sheets submitted prior to approval. The contractor must provide a manufacturer's standard warranty covering defects for a minimum of 5 years or 100,000 kilometers, whichever occurs first, with warranty service, parts, and technical support available in Guatemala at no additional cost to the government.
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Text version
U.S. Embassy Guatemala
August 17, 2026
Subject: Request for Quotation number 19GT5026Q0080 – Guatemala – Microbus and Work Van Vehicles
Dear Prospective Quoter:
Enclosed is a Request for Quotation (RFQ) for 19GT5026Q0080 – Guatemala – Microbus and Work Van Vehicles.
If you would like to submit a quotation, please complete the required portions of the attached documents, and submit your offer to: GuatemalaBids@state.gov.
Please use ONLY the address provided above to send your offer. Include the name of your company and the solicitation number in the subject line of your e-mail. Offers sent to any other email addresses may not be considered valid.
The U.S. Government intends to award a Purchase Order to the responsible company submitting a technically acceptable offer at the lowest price. The U.S. Government intends to award a purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
Pricing must include breakdown (Unit NET Price + VAT = Total) should be listed separately. In order for a quotation to be considered, you must also complete and submit the following:
1. SF-18 cover page
2. Section I Statement of Work
3. Section II Description
4. Warranty statement
5. Delivery Schedule
6. Proof of SAM Registration
Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement. The guidelines for registration in SAM are also available at: https://www.fsd.gov/fsd-gov/learning-centersystem.do?sysparm_system=SAM“
Quotations are due by September 04, 2026 by COB 17:00 hours. You will receive an automatic response from the
GuatemalaBids@state.gov inbox once your bid has successfully been received. If you do not receive this automatic response, notify us by email SerechZA@state.gov No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.
Email bids should not contain attachments greater than 10MB in size, or they may be refused by the system. Quotation documents should be .pdf, .tif, or .gif files only. Please include the name of your company and the RFQ number in the subject line of your email submittal.
Sincerely, Beau P. Garrett
Contracting Officer
SENSITIVE BUT UNCLASSIFIED
mailto:GuatemalaBids@state.gov https://www.sam.gov/ https://www.fsd.gov/fsd-gov/learning-centersystem.do?sysparm_system=SAM https://www.fsd.gov/fsd-gov/learning-centersystem.do?sysparm_system=SAM mailto:GuatemalaBids@state.gov mailto:SerechZA@state.gov
PAGE OF PAGESREQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS x IS NOT A SMALL BUSINESS SET-ASIDE 1 35
1. REQUEST NO.
19GT5026Q0080
2. DATE ISSUED
08/17/2026
3. REQUISITION/PURCHASE REQUEST NO.
PR16211719
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) 12/15/2026
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
TELEPHONE NUMBER
7. DELIVERY
FOB DESTINATION x OTHER
(See Schedule)
9. DESTINATION
NAME
Zayda A Serech
AREA CODE NUMBER
(502)23540000
8. TO:
a. NAME OF CONSIGNEE
AMERICAN EMBASSY GUATEMALA CITY
a. NAME b. COMPANY b. STREET ADDRESS
Boulevard Austriaco 11-51 Zona 16, ATTN: INL
c. STREET ADDRESS c. CITY
GUATEMALA CITY
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)
09/04/2026
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)
SENSITIVE BUT UNCLASSIFIED
19GT5026Q0080– GUATEMALA - VEHICLE
DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK (SOW)
I. SCOPE OF SERVICES
The purpose of this Statement of Work (SOW) is the acquisition of two motor vehicles for the U.S. Embassy
Guatemala.
II. PRICING
Line
Item Description Unit
Unit Price
(Net) Quantity Total Price (Net)
Microbus Similar or Equal to
Nissan Urvan 14 passenger
Microbus
EA 1
Work Van Similar or Equal to
Lite ACE Toyota
EA 1
Cost of plates (either C or P) as required
EA 2
Grand Total (Net)
*Price must be CIF.
A. This shall be a firm-fixed price type of purchase order. One or two purchase orders may be awarded, depending on the vehicles proposed and the Government’s needs.
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. Price shall be CIF. The U.S. Embassy in Guatemala will assist with the issuance of the paperwork for import tax exemptions.
E. VALUE ADDED TAX. Value Added Tax (VAT) is not required in the CLIN rates as it will be exempted with a VAT form for the 12% tax.
F. Payment terms are Net 30 days.
G. Payment will be processed by EFT only. The vendor may submit an invoice per task completed/delivery note.
I. Include in your offer the cost to process P or C plates for each of the vehicles quoted.
NOTE: No additional sums will be payable due to any increase in the cost of equipment. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.
19GT5026Q0080 – GUATEMALA – MOTOR VEHICLES
Schedule of supplies / services, description / specifications / Work Statement
PROJECT DELIVERABLES
The U.S. Embassy in Guatemala is seeking to procure two (2) Motor Vehicles with the following specifications:
Clin
Description Qty Unit
1.
Largest Commercially Available Vehicle 2027 or newer, Microbus Similar or Equal to Nissan Urvan 14 passenger Microbus
Minimum requirements:
• ENGINE
2,500 cc turbo diesel intercooler
4 cylinders
127HP@3,200 rpm
356 Nm@1,400 -2,000 rpm
• PASSENGER SECURITY
Front Airbags for driver and front passenger
3-point front seat belts + central lap belt
2-point seatbelts for all passengers
• INTERIOR
Load-sensing valves
Third brake light
Front air conditioning
Height-adjustable power steering
Sun Visors
On-board computer
Odometer
Tachometer
AM/FM radio
2 speakers
Digital clock
Tinted windows
Rear air conditioning
• EXTERIOR
2-speed windshield wipers with intermittent setting
Steel wheels
• BREAKS
Ventilated front disk brakes
Rear drum brakes
ABS system
• TRANSMISION
Automatic transmission would be preferred
• SUSPENSION
Front suspension double torsion bar and stabilizer bar
Leaf spring rear suspension
• OTHERS
Tinted windows
Each
2.
Largest Commercially Available Vehicle 2027 or newer, Work Van Similar or Equal to Lite ACE Toyota
Minimum requirements:
• ENGINE
Gasoline
Dual VVT-i
16 valves
136/4200 NM/rpm
2NR-VER
4 Cylinders
1496 cc
97 HP
5-speed manual Transmission
• SECURITY
Front disc brakes
Breaks with ABS
Driver and passenger airbags
Seatbelts
Tools
• INTERIOR
Electronically assisted steering
Radio
Each
A. TECHNICAL SPECIFICATIONS. The vehicle should be new, not previously used or owned and must be in optimal operating conditions and quality. Technical specification sheet is required to be submitted prior to vehicle approval and acceptance. All manuals shall be furnished in Spanish.
B. SCHEMATIC DIAGRAM. Along with the proposal, provider must present a schematic diagram which clearly shows how the provider plans to integrate its proposal, including types, brands, sizes, capacities, and dimensions of all included vehicles and delivery dates.
After issuance of award, the contractor shall coordinate meetings requested personnel to review and update the proposed schematic diagram if required.
Design must include a breakdown of all necessary information needed as per the scope.
III. PERFORMANCE REQUIREMENTS
A. Delivery Location
The Contractor shall deliver all ordered items to Final destination – Boulevard Austriaco 11-51, Zona 16 - Ciudad de Guatemala.
B. The Contractor shall provide a delivery schedule with their offer. The contractor must ensure all items are prepared for safe transportation. Any costs or arrangements associated with getting the employees and equipment to the site location must be included in the proposal. The vehicles must be delivered by awarded contractor no later than withing sixty (60) calendar days after purchase order is awarded.
C. Any Contractor personnel involved with the delivery of the items shall comply with standard U.S.
Embassy regulations for receiving supplies. The requested office designated point of contact will be responsible for instructing contractor personnel at the time deliveries are made.
D. The Contractor shall deliver, prior notification, from Monday to Thursday (8:00 to 11:00 AM and
14:00 to 15:30 PM) and Fridays from 8:00 AM to 11:00 AM.
E. DELIVERY SCHEDULE SPECIAL INSTRUCTIONS. The government shall have up to ten (10) business days, unless specifically denoted below or extended by notification, to review each deliverable product and provide oral and written comments. The Contactor shall review and incorporate comments or implement directed changes, after discussion or clarification with the designated contracting officer (COR), if necessary, submit a final version of the product no later than ten (10) business days thereafter.
IV. WARRANTY
For both motor vehicles the Contractor shall provide the vehicle furnished under this contract with a manufacturer’s standard warranty covering defects in materials and workmanship. The warranty shall be valid for a minimum period of 5 years or 100,000 kms, whichever occurs first, unless a longer warranty is customarily offered by the manufacturer.
The Contractor shall ensure that warranty service, repairs, replacement parts, and technical support are available within Guatemala at no additional cost to the U.S. Government during the warranty period. Any defects identified during the warranty period shall be corrected promptly by the Contractor or an authorized service provider. All labor, parts, transportation, and related costs required to remedy warranty covered defects shall be borne by the Contractor.
The Contractor warrants that the vehicles delivered under this contract are new, free from defects, and compliant with the specifications and requirements set forth in the contract. Acceptance of the vehicles by the U.S. Government shall not waive any rights under this warranty.
The warranty shall commence upon final acceptance of the vehicles by the U.S. Government. The
Contractor shall provide written warranty documentation, including warranty terms, conditions, and contract information for authorized service providers, at the time of the delivery.
The Contractor shall have a valid international warranty on the products offered which shall be utilized to coordinate replacement parts and services for the end user in order to avoid incurring additional expenses.
V. INSPECTION AND ACCEPTANCE
The U.S. Government reserves the right to inspect and test the vehicles delivered under this contract to verify compliance with the contract specifications, requirements, and applicable standards. Inspection may include, but is not limited to, visual examination, verification of documentation, operational testing, and confirmation of vehicle conditions and equipment.
Delivery of the vehicles shall not constitute acceptance by the U.S. Government. Final acceptance shall occur only after inspection by an authorized Government representative and determination that the vehicle conforms to all contractual requirements.
If the vehicle or vehicles are found to be defective, damaged, nonconforming, or otherwise fails to meet contract requirements, the U.S. Government may reject the vehicle and require the Contractor, at no additional cost to the Government, to repair, replace, or correct deficiency within a reasonable period specified by the Government.
The Contractor shall provide all documents required for ownership, registration, warranty operation, and maintenance of the vehicle at the time of delivery. Acceptance shall not relieve the Contractor of responsibility for latent defects, fraud, gross mistakes amounting to fraud, or warranty obligations under this contract.
VI. PERIOD OF PERFORMANCE (POP)
The Contractor shall deliver all vehicles and associated documentation within 60 calendar days after receipt of the contract award, unless otherwise authorized in writing by the Contracting Officer. The Contractor shall promptly notify the Government of any anticipated delays that may affect timely performance.
Performance under this contract shall be considered complete upon the Government's final acceptance of all vehicles and receipt of all required documents, including warranties, owner’s manuals, maintenance records, certificates of origin, registration documents, and any other documentation specified in the contract.
Any extension to the period of performance must be approved in writing by the Contracting Officer.
VII. EVALUATION FACTORS FOR OFFERORS
The following are the evaluation factors for proposals sent by the bidders:
• Compliance with the requested technical specifications and warranty period as per Statement of
Work.
• Award will be made to the lowest priced, technically acceptable, responsible quoter.
• The Government reserves the right to reject quotations that are incomplete, non-compliant with the terms of this solicitation, or that are unreasonably high in price.
• For evaluation purposes, the price will be determined by multiplying the offered prices times the quantities stated in the schedule, and arriving at a grand total, including all options, if any.
• The Government will evaluate the proposed delivery time frame and the technical specifications.
The Government will only consider for award those companies that the Government determines have a high likelihood of satisfactorily completing the required items based on the proposal.
• The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1.
• Unless an exception in FAR 4.1102 applies, a quoter must be registered in SAM (www.sam.gov) in order to be eligible for award. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award the next otherwise successful registered quoter.
VIII. SUBMISSION OF QUOTATIONS
Quotations are due on September 04, 2026 by COB 17:00. Please complete the required portions of this document and submit your offer to:
GuatemalaBids@state.gov
QUOTES SENT BY ANY OTHER MEANS WILL NOT BE CONSIDERED FOR THIS
SOLICITATION.
mailto:GuatemalaBids@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
OCT 2018
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
MAR 2023
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS
DEC 2022
52.223-17
AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED
ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS
AUG 2018
52.225-19
CONTRACTOR PERSONNEL IN A DIPLOMATIC OR
CONSULAR MISSION OUTSIDE THE UNITED STATES
MAY 2020
52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE
DEC 2007
52.228-3 WORKERS’COMPENSATION INSURANCE JUL 2014
52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD
INSURANCE
APR 1984
SENSITIVE BUT UNCLASSIFIED
https://acquisition.gov/browse/index/far https://acquisition.gov/dosar
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
MAR 2023
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS
MAR 2023
52.246-26 REPORTING NONCONFORMING ITEMS
NOV 2021
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 (MAR
2023)
(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 and Other Covered Entities (Nov 2021) (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)).
SENSITIVE BUT UNCLASSIFIED
https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
__ (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.
L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of
Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct
2018) ( 41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (12) 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).
__ (13) [Reserved]
__ (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).
__ (17)
(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)
( 15 U.S.C. 657f).
__ (22)
(i) 52.219-28, Post Award Small Business Program Representation (Mat 2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
SENSITIVE BUT UNCLASSIFIED
https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#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/part-52#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/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar
2020) ( 15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (30)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (32)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
_x_ (35)
(i) 52.222-50, Combating Trafficking in Persons (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).
__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (37)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items
(May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun 2016) (E.O. 13693).
__ (40)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and
13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (43)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun
2020) (E.O. 13513).
__ (45) 52.223-20, Aerosoles (Jun 2016) (E.O. 13693).
SENSITIVE BUT UNCLASSIFIED
https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 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 (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)
( 42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
_x_ (56) 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).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov
2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (Oct2018) ( 31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul
2013) ( 31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.
55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal
Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
SENSITIVE BUT UNCLASSIFIED
https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26 https://www.acquisition.gov/far/part-52#FAR_52_226_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_226_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_232_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/part-52#FAR_52_232_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#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/part-52#FAR_52_242_5 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.acquisition.gov/far/part-52#FAR_52_222_41 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_42
__ (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).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the…
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