19MX5325Q0033 RFQ F.pdf
PDF 362 KB Posted
- Solicitation number
- 19MX5325Q0033
- Issued by
-
Department of State US Embassy Mexico
About this file
This is a Request for Quotations (RFQ) from the U.S. Embassy in Mexico City for production logistics services and equipment for a July 4th event on June 26, 2025. The solicitation seeks a comprehensive event production package including audio equipment (Yamaha console, D&B speakers, microphones), backline equipment, lighting systems, stages, pipe and drape, video equipment, power supply, and design services. The total requirement encompasses 9 line items with detailed technical specifications for each category.
Key procurement details include a site visit scheduled for May 7, 2025, at 12:00 pm in Mexico City, with quotation submissions due by May 16, 2025, at 12:00 pm local time. The contract will be a firm-fixed price purchase order, with prices to be submitted in US Dollars or Mexican Pesos. The U.S. Government intends to award to the lowest-priced, technically acceptable, responsible quoter. Vendors must be registered in the System for Award Management (SAM), provide past performance information, and demonstrate capability to meet the event's comprehensive technical and logistical requirements.
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| File | Type | Posted |
|---|---|---|
| 19MX5325Q0033 RFQ.pdf | ||
| Amendment 0001 19MX5325Q0033.pdf | ||
| OL RFQ 19MX5325Q0033 MEX-4 July Production FY-25.pdf |
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P a g e | 1
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER)
THIS RFQ [ ] IS [x] IS NOT A SMALL BUSINESS-
SMALL PURCHASE SET-ASIDE (52.219-4)
PAGE
O F
PAGES
1. REQUEST NO.
19MX5325Q003
2. DATE ISSUED
04/30/2024
3.
REQUISITION/PURCH
ASE REQUEST NO.
4. CERT. FOR
NAT. DEF.
UNDER BDSA
REG. 2 AND/OR
DMS REG. 1
RATING
5A. ISSUED BY
U.S. Embassy Mexico City
General Services Office / Procurement
Paseo de la Reforma No. 305 Cuauhtemoc 06500 Ciudad de Mexico
6. DELIVER BY (Date)
June 16, 2025.
5B. FOR INFORMATION CALL: (Name and telephone no.) (No collect calls)
7. DELIVERY
__ FOB DESTINATION X OTHER
(See Schedule) NAME
Petra Suric Jankov
TELEPHONE
NUMBER
AREA
CODE
+52 (55)
NUMBER
5080-
8. TO: 9. DESTINATION
a. NAME b. COMPANY a. NAME OF CONSIGNEE
U.S. Embassy Mexico City/GSO/Procurement
c. STREET ADDRESS b. STREET ADDRESS
Paseo de la Reforma No. 305
Colonia Cuauhtémoc
d. CITY e. STATE f. ZIP
CODE
c. CITY
Mexico City
d. STATE
CDMX
e. ZIP CODE
06500
10. PLEASE FURNISH
QUOTATIONS TO THE
ISSUING OFFICE IN
BLOCK 5A ON OR BEFORE
CLOSE OF BUSINESS
(Date)
May 16, 2025, 12:00 pm
Local Time (Mexico City)
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 services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter
11. SCHEDULE (Include applicable Federal, State and local taxes)
P a g e | 2
ITEM
NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT
PRICE
(e)
AMOUNT
(f)
P a g e | 3
Audio equipment and technicians.
01 DM7 Yamaha 64 CH Console
02 RIO
12 D&B XSL12 Speakers 06 V-SUB Subwoofers 06 Floor Monitors In-Ears 10 SHURE PSM1000 SHURE Antennas Spectrum Manager Wireless Workbench AXIEN Digital 6 CH Mic SM58 07 Podium Microphones 01 Drum Set according to Artist's Rider 01 Set of Microphone Stands 02 D&B 10S-D Speakers with BI8-SUB (placed in the reception area) 04 D&B 10S-D Speakers with BI8-SUB (to be placed in patio areas) 04 D&B 10S-D Speakers with BI8-SUB (to be placed in bar areas) 01 Charging Station Cabling Kit 01 Operator 01 Technician 01 radio system for 8 people
Backline equipment.
01 Yamaha Maple Drum 01 Fender Guitar Amp 01 AMPEG Base Amp
Lighting equipment and technicians.
32 Chauvet Chorusline 16 (STRIP) 32 Asteras AX3 Par (WIRELESS) 80 Asteras AX1 Tube (WIRELESS) 08 Color Strike M (CYC) 08 Martin Aura (WASH) 08 Chauvet Rogue R2 (SPOT) 08 Lekolite (ELLIPSOIDAL) 01 Grand MA2 Command Wing 01 Fog Machine & Fan
Lot
P a g e | 4
01 Operator 01 Technician 20 LED strips
Stages.
01 – Main Stage – 6 meters (width), 10 meters (length), 1.00 meter (height) with 2 handrails (side and front)
01 – Music band stage – 3.66 meters (width), 3.66 meters (length), 0.30 meters (height)
Pipe & Drape.
01 – Pipe & drape in event entrance (16m x 12m x 5 m tall) 02 – Pipe & drape in receiving line (3m x 6m x 3m tall) 01 – Press tent (8.80 m x 3 m tall) 01 – VIP line (7 m x 2.20m tall) 01 – Balcony – 35 meters x 1.00 meters tall 01 – Railing above bathroom’s swimming pool 23.50 meters x 1.20 m tall
Pipe & drape or any other decorations to cover 55 tent pillars
Extra navy cloth for masking temporary structures.
01 – Main Stage 01 – Marines stage 04 – Press stages 01 – Music band stage
Cover trusses as needed
Video equipment.
P a g e | 5
01 Main LED Screen – 10m x 2.5m (PITCH 1.9mm) 01 Configuration Rack 01 Power Distribution Unit 01 HD Video Processor 01 CCTV Screens – 3m x 2m (PITCH 1.9mm) 01 Configuration Rack 01 Power Distribution Unit 01 HD Video Processor 03 LCD Screen (80") for CCTV 01 CCTV System with 2 SONY 4K Cameras 02 SONY FX6 4K Cameras 01 SONY G MASTER 70-200mm Lens
Power supply
02 Generators 125 Kva 100m Feeder Cable 04 Fire Extinguishers 01 Operator
Design and print backdrops
Design a banner with the logos of all the sponsors for display and use it as a background for pictures.
01 Double view banner for inside – 2.44m X 3.66 m with side covers.
01 One view banner for outside 2.44m X 3.66 m with side covers.
P a g e | 6
12 DISCOUNT FOR PROMPT
PAYMENT
a. 10
CALENDAR
DAYS
b. 20
CALENDAR
DAYS
c. 30
CALENDAR
DAYS
d. CALENDAR
DAYS
NUM
BER
NOTE: Additional provisions and representations [ x] are [ ] are not attached.
13 NAME AND ADDRESS OF QUOTER 14 SIGNATURE OF PERSON
AUTHORIZED TO SIGN
QUOTATION
15 DATE OF
QUOTATION a. NAME OF QUOTER
b. STREET ADDRESS
16. SIGNER
c. COUNTY a. NAME (Type or print)
b. TELEPHONE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) AREA CODE
NUMBER
P a g e | 7
SECTION 1
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
Scope of Services
A. The Contractor shall supply and set up production logistics services for an event in Mexico City.
B. The event will be on June 26, 2025; all production logistics services and equipment must be installed by June 25, 2025.
C. A site visit will be held on May 07, 2025, at 12:00 hours (noon), Mexico Central Time.
D. The Contractor shall dismantle the production logistics services and equipment after the event.
E. This is a firm-fixed price type of purchase order.
F. The prices listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items on the date and to the location stated in paragraph IV, Delivery Instructions.
G. All prices must be in US Dollars (USD); unless the awarded vendor is a Mexican local vendor with banking information in MX pesos (MXP), and that will provide an invoice in MX pesos (MXP), then you may quote in MX pesos (MXP), specifying currency in the quote.
I. Pricing
Line Item
Description Unit Unit Price
Quantity Total Price
Audio equipment and technicians.
01 DM7 Yamaha 64 CH Console
02 RIO
12 D&B XSL12 Speakers 06 V-SUB Subwoofers 06 Floor Monitors In-Ears 10 SHURE PSM1000 SHURE Antennas Spectrum Manager Wireless Workbench AXIEN Digital 6 CH Mic SM58 07 Podium Microphones 01 Drum Set according to Artist's Rider
Lot $ 1 $
P a g e | 8
01 Set of Microphone Stands 02 D&B 10S-D Speakers with BI8-SUB (placed in the reception area) 04 D&B 10S-D Speakers with BI8-SUB (to be placed in patio areas) 04 D&B 10S-D Speakers with BI8-SUB (to be placed in bar areas) 01 Charging Station Cabling Kit 01 Operator 01 Technician 01 radio system for 8 people.
Backline equipment.
01 Yamaha Maple Drum 01 Fender Guitar Amp 01 AMPEG Base Amp.
Lot $ 5 $
Lighting equipment and technicians.
32 Chauvet Chorusline 16 (STRIP) 32 Asteras AX3 Par (WIRELESS) 80 Asteras AX1 Tube (WIRELESS) 08 Color Strike M (CYC) 08 Martin Aura (WASH) 08 Chauvet Rogue R2 (SPOT) 08 Lekolite (ELLIPSOIDAL) 01 Grand MA2 Command Wing 01 Fog Machine & Fan 01 Operator 01 Technician 20 LED strips.
Lot $ 1 $
Stages.
01 – Main Stage – 6 meters (width), 10 meters (length), 1.00 meter (height) with 2 handrails (side and front)
01 – Music band stage – 3.66 meters (width),
3.66 meters (length), 0.30 meters (height).
Lot $ 1 $
Pipe & Drape.
01 – Pipe & drape in event entrance (16m x 12m x 5 m tall)
P a g e | 9
02 – Pipe & drape in receiving line (3m x 6m x 3m tall) 01 – Press tent (8.80 m x 3 m tall) 01 – VIP line (7 m x 2.20m tall) 01 – Balcony – 35 meters x 1.00 meters tall 01 – Railing above bathroom’s swimming pool
23.50 meters x 1.20 m tall
Pipe & drape or any other decorations to cover 55 tent pillars.
Blue exact color for the pipe and drape (not the structures) is Royal Blue pantone PMS 287 Proof – please provide a sample before buying the fabric.
Extra navy cloth for masking temporary structures.
01 – Main Stage 01 – Marines stage 04 – Press stages 01 – Music band stage
Cover trusses as needed.
Lot $ 1 $
Video equipment.
01 Main LED Screen – 10m x 2.5m (PITCH 1.9mm) 01 Configuration Rack 01 Power Distribution Unit 01 HD Video Processor 01 CCTV Screens – 3m x 2m (PITCH 1.9mm) 01 Configuration Rack 01 Power Distribution Unit 01 HD Video Processor 03 LCD Screen (80") for CCTV 01 CCTV System with 2 SONY 4K Cameras 02 SONY FX6 4K Cameras 01 SONY G MASTER 70-200mm Lens.
Lot $ 1 $
Power supply
02 Generators 125 Kva 100m Feeder Cable 04 Fire Extinguishers
P a g e | 10
01 Operator.
Design and print backdrops
Design a banner with the logos of all the sponsors for display and use it as a background for pictures.
01 Double view banner for inside – 2.44m X
3.66 m with side covers.
01 One view banner for outside 2.44m X 3.66 m with side covers.
Lot $ 1 $
Sub-Total $
VAT (only applicable to MEX local invoices/vendors) $
Grand Total $
II. Description of Service – General Specifications
1. General
This is a request for contractor services to provide production Logistics Services for an event that will be hosted on June 26, 2025 in Mexico City, in accordance with the specifications, terms and conditions set forth herein:
• The selected Contractor should deliver, assemble, install, produce, develop, organize, and take care of the logistic for the event production in the designated Residence.
• Everything must be ready installed by June 25, 2025. The estimated Disassembly Removal and pickup day would be after the event (June 26, 2025). The work will include daily and final professional deep cleaning of the work area, including the daily removal of all garbage and debris produced during the project to an authorized dumping site.
• The Contractor shall provide qualified technicians and equipment. The equipment shall be in perfect conditions and adequate to perform the services needed and shall furnish management, administrative, and direct operational personnel to accomplish all work as required in this Contract.
P a g e | 11
2. Technical Requirements
• The selected contractor shall have the complete elements to produce, develop, organize, and take care of the logistics for audio, lighting, pipe & drape, video camera, banner designing and printing setup.
• The exact color for the pipe and drape (not the structures) is Royal Blue pantone PMS 287 Proof – please provide a sample before buying the fabric.
• The floor finishing of the stages will be determined according to the theme and COR approval.
• The winning bidder is NOT permitted to video tape the event.
• Review all logos of the sponsors to ensure the necessary technical specifications.
• Create a virtual logo display to be shown using the screens at the event.
• Design a banner with the logos of all the sponsors for display and use it as a background for pictures.
• Proposals should include suggested decorations and activations that align with the theme “Made in the USA.” We are particularly interested in decorations related to space exploration and moon landing.
3. Working Hours
• The contractor shall be available from 8:00 a.m. to at least 6:00 p.m., with flexibility for earlier or later services as needed. Weekend availability must also be provided for deliveries, assembly, and installation, ensuring all services are performed within appropriate timeframes.
• Due to the time-sensitive nature of the event, the contractor shall not cause any delays in assembly or disassembly activities. Exceptions will be granted only under extenuating circumstances and at the sole discretion of the Government.
• After contract award and before project commencement, the contractor shall submit a punch list of all items required to meet project specifications.
4. Working on Site
P a g e | 12
• The contractor shall correct or revise any errors or deficiencies in its services at no additional cost.
• A field superintendent must always be on site to supervise the work and ensure compliance with requirements.
• The superintendent shall maintain a logbook and submit a daily work report with photographs to the COR, documenting the work completed, progress made, and scheduled progress, to confirm there are no delays.
• All designs, elements, finishes, colors, and accessories must be approved in writing by the
COR.
• On-site storage for debris or materials is not available.
• Payment will be made only for installed materials; waste or surplus materials will not be compensated.
• The contractor shall assign three staff members to remain on duty for the entire duration of the event, supporting various activities until the event concludes.
• On-site welding is not permitted.
• The contractor shall be responsible for compensating any property damage incurred during the equipment setup.
5. Insurance
The Contractor shall obtain adequate insurance for damage to, or theft of, equipment and materials, with insurance coverage for loose transit to the site or in the event location or off the site. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:
General Liability (includes premises/operations, completed operations, and broad form property damage.)
(1) Property Damage, On or Off the Site, in U.S. Dollars
Per Occurrence $_____1,000________ U. S. Dollars
Cumulative $_____7,000_______ U. S. Dollars
P a g e | 13
The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, employees, or any other person, arising from an incident to the Contractor's performance of this contract.
The Contractor shall hold harmless and indemnify the Government from any claims arising, except in the instance of gross negligence on the part of the Government.
The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the insurance required.
6. Site visit
The Government is planning a Site Visit and Pre-Proposal Conference and the date for this conference is Wednesday May 7, 2025, at 12:00pm in Paseo de la Reforma, Lomas de Chapultepec, Mexico City. While attendance is not mandatory, it is strongly encouraged. Interested parties should register by emailing mexicocitygsosolicitations@groups.state.gov no later than 12:00pm CST Tuesday May 6, 2025. Additional details regarding the destination will be provided upon receipt of the attendee’s information.
During the scheduled site visit, all interested offerors are to inspect the site and observe the existing conditions. The contractor must have received the SOW and its attachments before the site visit.
Place of performance:
The place of performance is on Avenida Paseo de la Reforma in Mexico City. The exact address will be provided before the site visit.
Questions:
Please submit all questions in writing to mexicocitygsosolicitations@groups.state.gov no later than 12:00pm CST, Sunday May 11, 2025.
7. SECURITY
a. A U.S. Government employee is to be always with the contractor’s workers while they are on site. No worker/equipment/material/vehicle will be allowed to enter the compound or any building without written approval from the embassy RSO (Regional Security Office).
b. If requested by the contractor, the U.S. Embassy will provide a space to the contractor to store their tools needed for the set up.
c. No dedicated telephone service/extension is to be provided to the contractor by the U.S.
Embassy. The contractor can only use the property telephone service if it is to report a mailto:mexicocitygsosolicitations@groups.state.gov
P a g e | 14 critical emergency and always with previous approval of the COR.
d. Deliver the updated DC3 format of all personnel involved in the installation fill up the safety plan and emergency plan before starting any work and must be cleared through A-Posho.
III. Delivery Instructions
Not applicable to this service
IV. Quality Assurance and Surveillance Plan (QASP)
This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.
Performance Objective Scope of Work Para Performance Threshold
Services.
Performs all furnish and delivery services set forth in the scope of work.
I through IV
All required services are performed and no more than one (3) customer complaint is received per service.
P a g e | 15
SECTION 2
PURCHASE ORDER CLAUSES
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
FAR 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:
https://www.acquisition.gov/far
DOSAR clauses may be accessed at: http://www.statebuy.state.gov/dosar/dosartoc.html
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES
NUMBER TITLE DATE
52.204-7 System for Award Management NOV 2024
52.204-9 Personal Identity Verification of Contractor Personnel (if contractor requires physical access to a Federally-controlled facility or access to a Federal information system)
JAN 2011
52.204-13 System for Award Management Maintenance OCT 2018
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services
NOV 2023
52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (applies to services at danger pay posts only)
MAY 2020
52.227-19 Commercial Computer Software License (if order is for software)
DEC 2007
52.228-3 Workers’ Compensation Insurance (Defense Base Act) (if order is for services and contractor employees are covered by Defense Base Act insurance)
JUL 2014
52.228-4 Workers’ Compensation and War-Hazard Insurance
Overseas (if order is for services and contractor employees are not covered by Defense Base Act insurance)
APR 1984
https://www.acquisition.gov/far http://www.statebuy.state.gov/dosar/dosartoc.htm
P a g e | 16
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (JAN 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
__ (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].
_X_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
P a g e | 17
_X_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub.
L. 115–390, title II).
__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.
657a).
__ (17) [Reserved]
__ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2023) of 52.219-9.
__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
P a g e | 18
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
__ (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C.
632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (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 (Feb 2024).
_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_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.)
P a g e | 19
__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
P a g e | 20
_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.
118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (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:
__ (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).
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__ (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 Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
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(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 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.
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(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.
118-31, 41 U.S.C. 3901 note prec.).
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".
Alternate II (Nov 2024) . As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
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(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(E) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(G)__(1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) (Pub. L. 115–390, title II).
__(2) Alternate I (Dec 2023) 52.204-30.
(H) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(I) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(J) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(K) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(L) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(M) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.
(N) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(O) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
__ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(P) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(Q) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(R) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).
(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
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(U)__ (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
__ (2) Alternate I (Jan 2017) of 52.224-3.
(V) 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).
(W) 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.
(X) 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.
(Y) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L.
118-31, 41 U.S.C. 3901 note prec.).
(Z) 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.
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
P a g e | 26 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—
(1) Included in the contract price; nor
(2) 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.
DEPARTMENT OF STATE ACQUISITION REGULATION (48 CFR Chapter 6) CLAUSES https://www.irs.gov/help/tax-law-questions
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NUMBER TITLE DATE
652.225-71 Section 8(a) of the Export Administration Act of 1979, As
Amended (if order exceeds simplified acquisition threshold)
AUG 1999
652.229-70 Excise Tax Exemption Statement for Contractors Within the United States (for supplies to be delivered to an overseas post)
JUL 1988
652.229-71 Personal Property Disposition at Posts Abroad AUG 1999
652.237-72 Observance of Legal Holidays and Administrative Leave
(for services where performance will be on-site in a
Department of State facility)
FEB 2015
652.239-71 Security Requirements for Unclassified Information
Technology Resources (for orders that include information technology resources or services in which the contractor will have physical or electronic access to
Department information that directly supports the mission of the Department)
SEP 2007
652.242-70 Contracting Officer’s Representative (COR) (if a COR will be named for the order)
AUG 1999
652.242-71 [Reserved] -
652.242-73 Authorization and Performance AUG 1999
652.243-70 Notices AUG 1999
652.247-71 Shipping Instruction FEB 2015
The following clause is provided in full text, and is applicable for orders for services that will require contractor employees to perform on-site at a DOS location and/or that require contractor employees to have access to DOS information systems:
652.204-70 Department of State Personal Identification Card Policy and Procedures
(FEB 2015)
(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Policy and Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert the substance of this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems.
(b) The DOS Personal Identification Card Policy and Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm.
http://www.state.gov/m/ds/rls/rpt/c21664.htm
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SECTION 3
INSTRUCTIONS TO OFFERORS AND EVALUATION FACTORS
I. FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (SEP 2023), is incorporated by reference.
ADDENDUM TO 52.212-1
Instructions to Offeror. Each quote must consist of the following forms completely filled out:
• Standard Form (SF-18)
• Pricing table in section 1
• Evaluation Factors as described below
• A completed Section 4 – Representations and Certifications:
Information demonstrating the offeror’s/quoter’s ability to perform, including:
(1) Name of a Project Manager (or other liaison to the U.S. Embassy/Consulate) who understands written and spoken English;
(2) Evidence that the offeror/quoter operates an established business with a permanent address and telephone listing;
(3) List of events over the past 2 years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, contact names, telephone and email addresses). If the offeror has not performed comparable services in Mexico, then the offeror shall provide its international experience. Offerors are advised that the past performance information requested above may be discussed with the client’s contact person. In addition, the client’s contact person may be asked to comment on the offeror’s:
• Quality of services provided under the contract;
• Compliance with contract terms and conditions;
•…
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