RFQ 19KS7027Q0007_Asbestos_Supervision Service.docx

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number 19KS7027Q0007, Prices, Block 23

· Continuation To SF-1449, RFQ Number 19KS7027Q0007, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

Section 2 - Contract Clauses

· Contract Clauses

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

Section 3 - Solicitation Provisions

· Solicitation Provisions

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

Section 4 - Evaluation Factors

· Evaluation Factors

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

Section 5 - Representations and Certifications

· Offeror Representations and Certifications

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

PR16377831

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19KS7027Q0007

6. SOLICITATION ISSUE DATE

11/12/2026

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Helen No, Contracting Officer

b. TELEPHONE NUMBER(No collect calls) 02-397-4754

8. OFFER DUE DATE/LOCAL TIME

11/30/2026 17:00 p.m. Local Time

9. ISSUED BY CODE

10. THIS ACQUISITION IS |X| UNRESTRICTED OR |_| SET ASIDE: _________ % FOR

U.S. Embassy Seoul General Services Office Seoul, Korea

|_| SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS

|_| SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

|_| WOMEN-OWNED SMALL BUSINESS

(WOSB) ELEIGIBLE UNER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

|_| ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB)

|_| 8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

|X| SEE SCHEDULE

15. DELIVER TO:

CODE

16. ADMINISTERED BY CODE

SeoulProposals@state.gov

FACILITY CODE

18a. PAYMENT WILL BE MADE BY CODE

Company Name:

Address:

Email:

Telephone No.:

U.S. Embassy Seoul Financial Management Office #188, Sejongdaero, Jongno-gu Seoul, Korea

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ASBESTOS SUPERVISION SERVICE

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

Helen No 31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|_| COMPLETE |_| PARTIAL |_| FINAL

38. S/R ACCOUNT NO.

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 10/2010) BACK

CONTINUATION TO SF-1449

RFQ NUMBER 19KS7027Q0007

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall complete all work, including furnishing all labor, material, equipment and services required under this purchase order for the following firm fixed price and within the time specified. This price shall include all labor, materials, all insurances, overhead and profit.

Lumpsum of 45 performance days

Maximum quantity; exercised only by written CO notice

TOTAL AMOUNT PRICE ( CLIN 0001 + CLIN 0002 total daily rate )

2. VALUE ADDED TAX (VAT)

The Government will not reimburse the Contractor for VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.

CONTINUATION TO SF-1449

RFQ NUMBER 19KS7027Q0007

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION 1 - THE SCHEDULE

1. Project Overview

The United States Government, U.S. Embassy Seoul, Bureau of Overseas Buildings Operations (OBO), hereafter referred to as the Owner, requires professional asbestos dismantling/removal supervision services in support of the New Embassy Compound Site Maintenance and Development Plan (SMDP) in Seoul, Republic of Korea. This Statement of Work (SOW) defines the services to be performed by the registered asbestos dismantling/removal supervision provider, hereafter referred to as the Contractor, and establishes the minimum project requirements for asbestos supervision.

The Contractor is not the asbestos removal contractor. The Contractor shall act independently and shall perform supervision through qualified asbestos supervision personnel in accordance with applicable Republic of Korea laws, regulations, notices, approved work plans, and this SOW.

1.1 Project Location and Description

The project is located on approximately 7.9 hectares (19.5 acres) within the U.S. Army Garrison Yongsan area in Yongsan-gu, Seoul, Republic of Korea. The official project address is 1 GA 1-5 Yongsan-dong, Yongsan-gu, Seoul. The site contains existing buildings, hardscape surfaces, utilities, and associated infrastructure planned for demolition and removal. Asbestos-containing materials within the demolition scope shall be removed under the supervision required by this SOW before or in coordination with demolition activities, as applicable.

1) Land Area 7.9 Hectare

2) Building Area 30,282.5 ㎡

3) Gross Floor Area 30,282.5 m²

4) Classification/Usage ___Public Works Facilities_______________

5) Number of Floors Basement: _0_ / Ground: _4_ (Total: __)

6) Structure Type __Reinforced Concrete, Brick, Steel Frame__________

7) Demolition Permit Date Year _2026__ Month _11__ Day _5__ Permit No. No. 2026-Architecture Division-Demolition Permit-201

8) Demolition Period Year _2027_ Month _02_ Day 01_ ~ Year 2027_ Month _06_Day 30_ (Total Days: 45~60 )

9) Asbestos Removal Contractor Company: Ilwon Environment Co., Ltd.

Representative: __ CHO YUN SIK ________________ (Tel: +82 10-5055-4222) Address: __#1007, 12, Gangnam-daero 65-gil, Seocho-gu, Seoul Service: Supervision of asbestos abatement work Site location: _ Yongsan-dong 1-ga, Yongsan-gu, Seoul, Republic of Korea Asbestos-containing material area: __4,126.5 __ m² (material type: _Pipe insulation, wall panels, exterior paint and coating, roofing, gaskets) Supervision period: From _02_/_01_/2027_ to _03_/_15_/2027_. The Contracting Officer may adjust the scheduled calendar dates in writing to reflect the actual asbestos-removal schedule. No direction from the COR or other Government personnel changes price, quantity, or performance period.

1.2 Project Objective – Asbestos Supervision

The objective of this contract is to provide independent, professional asbestos dismantling/removal supervision for the asbestos abatement work performed within the project site. The Contractor shall review the asbestos removal work plan, verify implementation of the approved plan, monitor compliance with applicable legal and safety requirements, document site conditions and supervision activities, and support required regulatory reporting and closeout documentation.

The Contractor shall provide sufficient qualified personnel to perform the required supervision throughout the asbestos abatement activities.

The base period of performance is forty-five (45) performance days commencing on the date specified in the Notice to Proceed. The Government may extend performance by up to fifteen (15) additional performance days under CLIN 0002. The actual calendar dates depend on the asbestos-removal schedule.

1.3 Contract Line-Item Numbers (CLIN)

Tasks and Deliverables not identified with a CLIN designation fall under CLIN 001.

The Contractor shall provide separately priced fee options for:

CLIN 0001 - Base Asbestos Supervision Services, 45 performance days, firm-fixed-price lump sum CLIN 0002 - Option for Additional Asbestos Supervision Services, up to 15 performance days, firm-fixed daily unit price

1.4 Limit of Demolition

Contractor shall work within the demolition project line and as required outside the property line to complete the requirements of the contract. Work on property and outside the property line may include but is not limited to driveway connections, demolition and asbestos abatement, environmental remediation, grading, drainage, temporary construction access, erosion control during construction and final stabilization.

1.5 Permits and License to Practice

Contractor is responsible for obtaining and maintaining licenses required to serve as a asbestos supervisor in accordance with Article 30 of the Asbestos Safety Management Act, its Enforcement Decree and Enforcement Rule, and the Ministry of Environment Notice entitled “Standards for Asbestos Abatement Supervisors.” The primary construction contractor is responsible to secure asbestos permits.

1.6 PROFESSIONAL Expertise

The Contractor shall perform under all applicable Republic of Korea laws and regulations regarding the provision of professional asbestos dismantling/removal supervision services for this contract. Ref. 석면안전관리법 (ASBESTOS SAFETY MANAGEMENT ACT):

Asbestos Safety Management Act - Korean Law Information Center The Contractor shall be duly registered as a Supervisor of a Project for Dismantling Asbestos in accordance with Article 30-2(1) of the Asbestos Safety Management Act and Article 42(1) and Appendix 3-2 of its Enforcement Decree.

The Contractor shall assign qualified asbestos supervision personnel in accordance with the Standards for Asbestos Dismantling Work Supervisors (석면해체작업감리인 기준). Based on the scope of this project, the Contractor shall assign at least one (1) Advanced Asbestos Supervision Personnel (고급감리원) in accordance with Article 3(4) of the Standards.

Ref. 석면해체작업감리인 기준:

Standards for Asbestos Dismantling Work Supervisors - Korean Law Information Center See Section 1-2.3.

1.7 Documents provided for Informational Purposes Only

The Contractor may refer to documents provided in Attachment #1 for informational purposes only, at the Contractor’s own risk and discretion. The Contractor shall verify the data contained in Section J.4 Attachment #1 documents upon receipt. Information provided in Section Attachment #1 does not constitute a representation by the Government and does not establish any requirement, right, duty, or other contractual obligation. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government in Attachment #1.

2. Requirements

The Contractor shall execute in accordance with the technical requirements identified and referenced herein.

2.1 Administrative Security Requirements

This SOW requires that the Contractor perform only unclassified work. The SOW does not require personnel with security clearances.

2.2 OBO Project Standard Requirements (OPSR) Documents

Not Applicable

2.3 Project Specific Requirements

The Contractor must carry out all duties as required by the applicable Republic of Korea asbestos laws and implementing standards, including the Asbestos Safety Management Act and Standards for Asbestos Dismantling Work Supervisors.

The Supervisor shall perform the following duties in accordance with applicable laws and regulations:

1. Review and verify the adequacy of the asbestos removal work plan.

2. Verify the adequacy of work-area containment, operation of negative-pressure equipment, and installation of hygiene facilities.

3. Supervise the use of personal protective equipment and compliance with safety rules during the work.

4. Verify the adequacy of asbestos fiber release monitoring and post-work airborne asbestos concentration measurements.

5. Verify the storage and removal of asbestos waste.

6. Perform the other duties of supervisory personnel under the Standards for Asbestos Abatement Supervisors and prepare and submit the supervision completion report.

2.3.1 Corrective Action and Suspension of Work

If the Supervisor determines that the asbestos removal contractor is working in violation of the law or that the work may harm nearby residents, the Supervisor may request corrective action from the contractor and shall immediately report the matter to the Client.

If an imminent danger or a serious violation is found, the Supervisor may suspend the work and shall promptly report the suspension to the Client and the competent administrative authority. The Client shall comply unless there is a special reason not to do so.

3. Tasks and Deliverables

OBO owns, reuses, and manages information throughout the entire facility lifecycle, and places significant importance on the accurate creation, management, and stewardship of information associated with the project. The Contractor shall develop any deliverable by using this method. The Contractor shall use the project three-letter airport code ICN and two-digit post code HS for file naming purposes for all design deliverables. The general file naming is as follows:

ICN – HS – SMDP – Deliverable Type (e.g., drawings, specifications, reports) – Deliverable Phase (e.g., design intent, construction documents, design issued for construction (DIFC) – YYYY (Year) – MM (Month) – DD (Day).

Example: ICN-HS-SMDP-Drawings-DIFC-2024-0515.

Hard copies, digital files, models, and data developed for the project are the property of the USG. All submitted documents shall contain the following label:

WARNING

This document is the property of the U.S. Government.

Further reproduction and distribution are prohibited without the express written approval of: U. S. Department of State, Bureau of Overseas Buildings Operations, ATTN: Contracting Officer, Washington, D.C., 20520

3.1 Project Management and Supervision Plan

Contractor shall provide supervision plan and reporting procedures.

3.2 Meetings

Contractor attendees shall include professionals as required to support the meeting efforts listed below. The contactor shall prepare meeting agendas advance and coordinated with the COR prior to distribution. The Contractor is required to document in writing, meeting notes, as a record of decisions and submit to the Contracting Officer Representative (COR) within seven days of the meeting.

3.2.1 Asbestos Abatement Kick-Off Meeting(s)

The Contractor shall coordinate and participate in an asbestos abatement kick-off meeting with the Owner/COR, asbestos removal contractor, demolition contractor, and other relevant project parties. The meeting shall review the project scope, asbestos survey, work plan, sequencing, containment approach, measurement/monitoring arrangements, waste handling, access controls, emergency communication, required filings, supervision personnel, deliverables, and stop-work/corrective-action procedures.

3.2.2 Progress / Coordination Meeting

The Contractor shall participate in and support progress/coordination meetings with the Owner/COR at least weekly while active asbestos removal work is in progress, unless otherwise directed. The Contractor shall summarize current work areas, upcoming work, staffing, observations, open corrective actions, measurement results received, schedule impacts, and items requiring Government attention.

3.2.3 Closeout Meeting

At completion of asbestos removal work, the Contractor shall coordinate and participate in a closeout meeting to confirm completion status, outstanding deficiencies, required final measurements/results, waste documentation, completion-report attachments, and any remaining regulatory or contract closeout actions.

3.3 Reports and Specifications

3.3.1 Compliance Reports

The Contractor shall generate a final completion report including all relevant documentation for closeout and any other authority having jurisdiction requirements related to the asbestos supervision scope. Submit the report within 30 days from the asbestos supervision end date.

3.4 EXECUTION

3.4.1 Asbestos Supervision Service (CLIN 001)

3.4.1.1 Asbestos Removal Compliance

The Contractor shall supervise the asbestos removal contractor and verify compliance with the approved asbestos removal work plan, applicable Korean laws and regulations, and required safety and environmental requirements. Any identified noncompliance shall be promptly reported to the Owner/COR and corrective action shall be requested as required.

4. Schedule

The asbestos supervision services will be carried out in accordance with the schedule approved in the asbestos removal work plan. The Contractor will be informed of any schedule changes. The Contractor must remain available onsite throughout the duration of asbestos removal works.

The asbestos schedule is estimated to start in February 2027 and run for 45-60 days. The schedule is based on a 6-day work week exclusive of holidays listed in the contract. This schedule is subject to change and will be coordinated with the primary construction contractor.

5. CONTRACT TYPE, OPTION, AND PAYMENT

5.1 CLIN 0001 is a firm-fixed-price lump-sum CLIN covering forty-five (45) performance days. CLIN 0002 is a separately priced firm-fixed daily-rate option for a maximum of fifteen (15) additional performance days.

5.2 The Government may exercise CLIN 0002 in one or more increments by written notice or unilateral modification issued by the Contracting Officer. The total quantity exercised shall not exceed fifteen (15) performance days. Evaluation of the option does not obligate the Government to exercise it.

5.3 Payment under CLIN 0002 will be made only for option days formally exercised by the Contracting Officer, actually performed, documented, and accepted. The COR may verify performance but may not exercise the option or otherwise change contract price, quantity, or schedule.

5.4 A performance day means a day on which asbestos-abatement work is scheduled and the Contractor is required to provide onsite supervision. Non-workdays, Government holidays, and days when supervision is not required are not billable unless authorized in writing by the Contracting Officer.

ATTACHMENT #1

ASBESTOS-CONTAINING MATERIAL QUANTITIES

The following information is provided by the Government for planning and estimating purposes only. The quantities shown are based on currently available survey information and are intended to assist offerors in preparing quotations for asbestos supervision services.

The Government does not guarantee the accuracy of these quantities, and the Contractor remains responsible for independently verifying site conditions during performance.

S-1009

S-1011

0.5

S-1016

S-1021

0.5

S-1024

0.5

S-1025

0.5

S-1031

0.5

S-1042

S-1043

0.5

S-1044

1.8

S-1045

S-1046

S-1063

S-1067

S-1071

0.5

S-1075

1.11

S-1078

0.5

S-1080

0.5

S-1090

0.5

S-1094

0.5

0.6

S-1164

0.5

T-1104

0.5

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2023), is incorporated by reference (see SF-1449, Block 27A)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items and Commercial Services (DEC 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 (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

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

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (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).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

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

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

(10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

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.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

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

__ (14) [Reserved].

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

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

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

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

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

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

__ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

__ (v) Alternate IV (Sep 2023) of 52.219-9.

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

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

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (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 Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 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) ( 15U.S.C. 637(a)(17)).

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

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

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

__ (34) (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).

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

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

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

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44) (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.

__ (45) (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.

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

_X_ (47) (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_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

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

__ (53) (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 (Dec 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

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

_X_ (54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (55) 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).

__ (56) 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).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

_X_ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

_X_ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

_X_ (60) 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).

_X_ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause) 52.229-12 Tax on Certain Foreign Procurements—Notice and Representation (Feb 2021)

(a) Definitions. As used in this clause— Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be— Included in the contract price; nor Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause) 52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203, insert the following clause:

PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means 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—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes 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; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more 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:

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vmfara.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation (FAR) clauses are incorporated by reference:

CLAUSE TITLE AND DATE

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)

52.228-4 WORKER’S COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR 1984)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2023)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

The following DOSAR clause(s) is/are provided in full text:

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1. Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

1. Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(End of clause)

652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999)

(a) General. The Government shall pay the contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.

(b) Invoice Submission. The contractor shall submit invoices in an original and two copies to the office identified in Block 18a of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

(c)…