19MX5325Q0035 MEX RFQ.pdf

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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

OF

PAGES

1. REQUEST NO.

19MX5325Q0035

2. DATE ISSUED

6/02/2025

3. REQUISITION/PURCHASE 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 305 Cuauhtemoc 06500 Ciudad de Mexico

6. DELIVER BY (Date)

September 1, 2025.

5B. FOR INFORMATION CALL: (Name and telephone no.) (No collect calls) 7. DELIVERY

__ FOB DESTINATION X OTHER (See Schedule) NAME

Roberto M. Montano

TELEPHONE NUMBER

AREA CODE

+52 (55)

NUMBER

5080-2000

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 305 Cuauhtemoc

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)

June 20, 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)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Museum fabrication (art mount project).

Service

12 DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER %

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

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SECTION 1

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. Scope of Services

A. The Contractor shall provide museum fabrication service for an art mount project according to technical specifications mentioned in Paragraphs III, IV, V.

B. This is a firm-fixed price type of purchase order.

C. 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.

D. All prices must be in US Dollars (USD); unless you are 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.

E. Past performance in museum fabrication, including museum client portfolio, is required.

II. Pricing (U.S. Dollars)

Line Item

Description Unit Unit Price

Quantity Total Price

Museum fabrication (art mount project)

Service $ 1 $

Sub-Total (USD) $

VAT (only applicable to MEX local vendors/local invoices) $ -

Grand Total (USD) $

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III. Description of Items and Service – General Specifications

1. General

The Office of Cultural Heritage has selected specific paintings from the Chancery collection to be relocated to the NEC. These artworks are to be displayed in a manner that engages, educates, and inspires the NEC community while fostering connections among people. The vendor shall ensure that the art installation process adheres to the following guidelines:

a) No artwork shall be hung on the stone walls, fabric, wood lattice work, or any other architectural element; nor shall any pieces be anchored or fixed to the ceiling or floor. This is to preserve the building’s finishes and maintain the integrity of the space.

b) Therefore, a free-standing art mount is required to display the artwork without impacting on the existing architectural features.

c) The design and installation must be compatible with the New Office Building finishes, ensuring that the art display does not interfere with the architectural aesthetics and preservation of the building.

d) The installation should be executed with respect to the requirements set forth by the Office of Cultural Heritage, aligning with the goals of cultural enrichment and community engagement.

2. Technical Requirements

The awarded vendor shall conduct a site visit, provide a conceptual design and shop drawings for the free-standing art mounts, fabricate, and transport nine pieces of the NEC Art Collection to the NEC at Av. Casa de La Moneda, Col. Irrigacion, Miguel Hidalgo, 11500 San Luis, CDMX, Mexico, and install them in the designated areas. In designing the art mounts, the vendor shall consider the following:

2.1. Site visit

The vendor shall conduct a site visit to the NEC to survey the designated areas for the art mounts, verify the access route for installation, review the art collection hanging system, and discuss the project requirements.

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2.2. Museum-grade materials:

The following technical specifications for materials shall be considered:

a) Use acid-free and lignin-free boards, if required, to provide a stable and safe environment for the artwork.

b) Use conservation-grade adhesives: Adhesives that are pH-neutral and reversible to avoid damage to the artwork.

c) Use stainless steel, aluminum, or powder-coated metal for structural components of the mounts, as they are strong, durable, and corrosion resistant.

d) Use polyethylene foam (Ethafoam and/or Volara) for padding and support, as these foams are inert and provide cushioning without damaging the artwork. If direct contact with artwork is necessary, closed-cell polyethylene (Volara or similar) should be used.

2.3. LEED Certification

The following LEED Certification standards shall be considered:

a) Low-VOC Finishes. Any coatings, paints, or finishes applied to the mounts should be low in volatile organic compounds (VOCs) to maintain indoor air quality (LEED EQ – Indoor Environmental Quality).

b) Non-toxic Adhesives & Sealants. If adhesives are required in the art mount design, they should be formaldehyde-free and compliant with LEED’s indoor air quality standards.

c) Use of Recycled or Sustainable Materials. Art mounts should be made from recycled, rapidly renewable, or low-impact materials that align with LEED’s MR (Materials and Resources) credits.

2.4. Structurally stability

Since Mexico City is a seismic area, the design should account for the necessary stability to comply with safety standards and prevent the art mounts from tilting or overturning during an earthquake, therefore, the following details shall be considered:

a) The free-standing art mounts will be installed on a rough stone floor, so they should be equipped with leveling feet to ensure the mounts are vertically aligned. The polymount, stud style levelers are advised.

b) While the leveling feet will have a functional and utilitarian aspect, helping stabilize the art mount to keep the piece stable, they should also

P a g e | 5 have an aesthetic (visual) quality and contribute to the overall visual appeal of the installation.

c) Before finalizing the mount design, the vendor shall present a mock-up of the artwork to ensure that the mounts are properly suited to display the specific pieces.

d) The mount design should be flexible and adaptable enough to hold different sizes or types of artwork, with adjustable components that ensure the balance and stability of the larger and heavier pieces.

Maintenance.

e) The free-standing art mounts should require low maintenance.

f) The finishes should be easy to clean and should not require special cleaning products.

g) If the mounts are powder-coated or made of a soft material like aluminum, the design should consider regular floor cleaning duties and incorporate finishes that won't scratch easily. In the case of using aluminum or stainless steel, a brushed finish is advised.

2.5. Design specifications

The design should consider the corridor finishes and integrate harmoniously with the surrounding architecture, considering the following details:

a) The height of the free-standing art mounts should consider the standard eye level for displaying artwork in the United States, which is typically around 57 to 60 inches (145 to 152 cm) from the floor to the center of the artwork. This height is based on the average eye level of an adult viewer and is commonly used in galleries and museums to ensure the artwork is comfortably viewed by most people.

b) The width of the free-standing art mount should be designed to display the Art Collection aesthetically, highlighting the artwork. The vendor should confirm the art collection hanging system (annealed wire, hooks) with the Cultural Heritage Senior Curator to design the features for hanging the artwork.

c) The art mount should include an art backing to provide support for the paintings in the Art Collection.

d) The art mount dimensions based on the Art Collection, building ceiling height, and corridor width should not exceed the following: Maximum height of 95” (2.41 m), maximum width of 50” (1.27 m), and maximum depth of 16” (0.40 m).

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2.6. Safety. Smooth Edges & Secure Fastening

Mounts should have rounded or chamfered edges and be securely fastened -if assembled- to prevent accidents in high-traffic areas. Seismic Stability: The mounts should take into consideration the risk of seismic activity inherent to the area and endeavor to mitigate the potential damages to artwork and people due to a seismic event using base isolation or other practical means.

2.7. Art mount transportation and installation

The vendor must design and provide custom crating to ensure the safe transportation of the art mounts, preventing any damage during handling by the transportation company. Should the materials be damaged due to insufficient crating, the vendor is responsible for repairing or replacing the damaged pieces within 15 days of delivery, ensuring compliance with established quality standards. Additionally, the free-standing art mounts must fit through the NEC access doors. If necessary, the vendor may choose to disassemble the mounts into smaller parts for transportation. It is important to note that the Department of State will not provide workshop space, tools, or labor if the art mounts require welding or assembly on site. If any assembly is required, the vendor must submit a Safety Work Plan before delivery and adhere to all Safety Standards at the NEC.

3. Design Submission and Approval Process

3.1 Conceptual Design Submission

The vendor shall submit a Conceptual Design Package for review before proceeding with shop drawings. The Conceptual Design shall include, at a minimum:

a) Preliminary sketches, diagrams and renders.

b) Proposed materials and finishes.

c) General dimensions and integration with the existing structure.

d) Any specific features required for stability, accessibility, and compliance with applicable standards (e.g., LEED, ISO 21542).

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3.2 Conceptual Design Review and Approval

The submitted Conceptual Design will be reviewed by the Cultural Heritage Senior Curator and the Mission Mexico FAC staff, considering the following:

a) The vendor shall address all comments and make necessary corrections before developing the final shop drawings.

b) Written approval of the Conceptual Design is required before proceeding to the next phase.

3.3 Shop Drawings Submission

After obtaining Conceptual Design approval, the vendor shall submit detailed shop drawings incorporating all required revisions. Shop drawings shall include:

a) Detailed dimensions and tolerances.

b) Connection and mounting details.

c) Material specifications and finishes.

d) Structural and stability considerations.

e) The shop drawings submittal shall include a set of tabloid prints, PDF files of all drawings, and CAD files sent digitally.

3.4 Final Review and Approval

Shop drawings will undergo a final review process, according to the details below:

a) If further corrective actions are required, the vendor shall revise and resubmit for approval.

b) No fabrication or installation shall commence without formal approval of the shop drawings.

c) Fabrication of nine art mounts with the required specifications and shop drawings approval.

3.5 Fabrication, Labor, and Storage Requirements

Upon approval of the shop drawings, the vendor shall proceed with the fabrication of the art mounts in strict accordance with the approved specifications, materials, and finishes, according to the following:

a) The vendor shall be responsible for providing all necessary labor, equipment, and tools required for the fabrication process.

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b) The vendor shall ensure that quality control measures are in place to guarantee that the final product meets the required standards.

c) Storage and handling of the fabricated art mounts shall be managed by the vendor, ensuring protection from damage, environmental conditions, and unauthorized handling until delivery and installation.

d) Any deviations from the approved shop drawings must be submitted for review and approval before fabrication begins.

4. Crating, Transportation, and Waste Disposal

4.1 Crating and Transportation Requirements

The vendor shall design and provide custom crates to ensure the safe transportation of the art mounts and displays, ensuring that all packing and crating materials comply with international shipping standards and any applicable regulations, including the following:

a) Crates must be structurally secure, cushioned, and reinforced to prevent damage during handling, transit, and storage.

b) In the event of damage due to inadequate crating, the vendor shall repair or replace the affected components within 15 days of delivery at no additional cost.

4.2 Disposal of Installation Materials

The vendor shall be responsible for the removal and proper disposal of all packaging, crating materials, and construction debris resulting from the installation. Including the following details:

a) All waste shall be disposed of in compliance with local environmental regulations and project site requirements.

b) The work area shall be left clean and free of debris upon completion of the installation.

4.3 Transportation, Delivery, and Import Requirements

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The vendor shall arrange and contract transportation for the delivery of materials to the NEC facilities, ensuring compliance with the project schedule.

The vendor is responsible for:

a) Coordinating the delivery schedule with the designated point of contact to prevent delays.

b) Verifying material insurance coverage during transit.

c) Ensuring compliance with Mexico City transit regulations, including vehicle size restrictions, weight limits, and designated delivery hours.

d) Managing import procedures, including customs clearance, duties, tariffs, and any related administrative requirements.

e) Covering all import fees, taxes, and logistical expenses necessary for the materials' lawful entry into Mexico.

f) The vendor shall provide documentation and proof of compliance for all import-related processes and ensure timely delivery to avoid project disruptions.

g) Any delays or additional costs resulting from non-compliance with these requirements shall be the vendor’s responsibility, and corrective actions must be taken immediately.

4.4 Unloading, Handling, and Installation Requirements

The vendor shall be responsible for unloading the crates upon delivery and transporting them to the designated installation area within the NEC facilities, and shall ensure the following:

a) The vendor shall unpack the art mounts with care, ensuring that all materials remain undamaged during handling.

b) The installation process shall be carried out without causing any damage to the floor, wall, or ceiling finishes.

c) No anchoring, drilling, or fixing of any kind shall be permitted on the flooring, ceiling, or walls.

d) The vendor shall comply with all applicable safety standards and execute the installation in accordance with the Safety Work Plan previously submitted and approved.

4.5 Assistance for Art Work Installation

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If required by the Cultural Heritage Senior Curator, the vendor shall provide assistance for the installation of the artwork. The vendor is responsible for the following:

a) The vendor shall ensure that all necessary personnel, tools, and equipment are available to support the installation process, as directed by the curator.

b) The vendor's team shall work in coordination with the curator to ensure that the artworks are installed according to the curator’s specifications and in alignment with the overall design concept.

5. Deliverable Schedule (estimated time)

Within 5 days of being awarded, the vendor shall conduct a site visit. Travel and hotel expenses shall be covered by the vendor.

The project shall commence upon contract award and be completed within 65 calendar days, according to the estimate times mentioned in the chart below:

Milestones Start Date Submittal date Facility Inspection Assessment, and Project Requirement discussion

5 working days after receiving Notice to Proceed issued by the USG

Conceptual Design 10 calendar days

Conceptual design set plans (preliminary sketches, diagrams, renders, proposed materials and finishes, general dimensions and integration with the existing structure.

After the Project requirements discussion with Cultural Heritage Senior Curator and Mission Mexico FAC staff

Conceptual design review and approval

5 calendar days

Conceptual design corrections if needed.

After the conceptual design discussion meeting

Shop drawings submission 10 calendar

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Detailed shop drawings (dimensions and tolerances drawings, connection and mounting details, material specifications and finishes, structural and stability considerations).

After the conceptual design approval from the Cultural Heritage Senior Curator and Mission Mexico FAC staff

Fabrication 25 calendar

Nine art mount fabrication strict to accordance with the approved specifications, materials and finishes.

After the shop drawings approval from the Cultural Heritage Senior Curator and Mission Mexico FAC staff

Crating, transportation and installation

15 calendar days

Design and provide custom crates, arrange and contract transportation and carry out installation process.

6. Additional Requirements

6.1 Security Requirements.

All contractor personnel accessing the NEC must comply with U.S. government security requirements, including background checks and security clearances as necessary.

6.2 Contractor’s Key Personnel.

Project Manager: Responsible for overall execution and compliance.

Lead Fabricator: Oversees the fabrication process.

Installation Specialist: Manages on-site installation.

6.3 Acceptance Standards.

The Office of Cultural Heritage (OBO/OPS/CH) will inspect and approve all deliverables before final acceptance. All work must meet agreed-upon specifications and industry standards.

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6.4 Warranty.

The contractor must provide a three-year warranty covering defects in fabrication and installation.

6.5 Cancellation.

The government reserves the right to cancel the contract with 30 days’ written notice.

6.6 Proposal Validity.

Proposals must remain valid for 90 days from submission.

6.7 Additional Considerations.

Any modifications to the SOW must be approved by OBO/OPS/CH.

IV. Delivery Instructions.

1. Delivery shall be in the U.S. Embassy in Mexico City (New Embassy Compound-

NEC- at Av. Casa de La Moneda, Col. Irrigacion, Miguel Hidalgo, 11500 San Luis, CDMX, Mexico). The offeror is responsible to have all licenses and permits required by law (including import), to get order at the final destination, according to Mexican laws.

2. Within 5 days of being awarded, the vendor shall conduct a site visit. Travel and hotel expenses shall be covered by the vendor.

3. The project shall commence upon contract award and be completed within 65 calendar days.

V. 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

P a g e | 13 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 Performance Threshold

Goods and service.

Performs all delivery and service set forth in the Scope of Work.

I through IV

All required services are performed and no more than one (1) complaint is received per service/item.

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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 this address is subject to change.

DOSAR clauses may be accessed at: https://www.acquisition.gov/dosar

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

52.204-16 Commercial and Government entity code reporting

AUG 2020

52.204-18 Commercial and Government Entity Code

Maintenance

AUG 2020

52.204-25 Prohibition on contracting for certain telecommunications and video surveillance services or equipment

NOV 2021

52.212-1 Instructions to Offerors — Commercial products and commercial services

MAR 2023

52.212-4 Contract Terms and Conditions – Commercial

Products and Commercial Services

NOV 2023

52.223-17 Affirmative procurement of EPA-Designated items in service and construction contracts

AUG 2018

https://www.acquisition.gov/far https://www.acquisition.gov/dosar

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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

52.232-40 Providing accelerated payments to small business subcontractors

MAR 2023

52.244-6 Subcontracts for commercial items MAR 2023

52.246-26 Reporting nonconforming items NOV 2021

THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:

CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS (FEB 2023)

(a) Definitions. As used in this clause:

Covered article - The term "covered article" includes-

(1) "Information and Communications technology" which means-

(i) any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use of that equipment, or of that equipment to a significant extent in the performance of a service or the furnishing of a product.

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(ii) computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; however, does not include any equipment acquired by a federal contractor incidental to a federal contract.

(2) "Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).

(3) "Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(4) “Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.

(b) Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The Contractor shall take all prudent actions and comply with all Government direction (as identified in paragraph (c)) to regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services affecting covered articles to the Government. The Contractor shall maintain artifacts that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request.

(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. The Government may perform a cybersecurity supply chain risk assessment at any time during contract administration to identity, assess, and monitor the cyber risks of the Contractor’s supply chain. The Contractor agrees that the Government may, at its own discretion, perform on-site assessments to collect information for the cybersecurity supply chain risk assessment. In performing the cybersecurity supply chain risk assessment, the Government may review any information provided by the Contractor, along with any other information available to the Government from public, unclassified, classified, or any other sources. Examples of information that the Government may collect for the cybersecurity supply chain risk assessment includes the following:

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1. Functionality and features of covered articles, including access to data and information system privileges.

2. The user environment where a covered article is used or installed.

3. The ability of a source to produce and deliver covered articles as expected.

4. Foreign control of, or influence over, a source or covered article (e.g., foreign ownership, personal and professional ties between a source and any foreign entity or legal regime of any foreign country in which a source is headquartered or conducts operations).

5. Implications to Government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article.

6. Vulnerability of Federal systems, programs, or facilities.

7. Market alternatives to the covered source.

8. Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization’s operations or mission.

9. Likelihood of a potential impact or harm, or the exploitability of a system.

10. Security standards of the supplier as demonstrated by cooperation with assessments.

11. Security, authenticity, and integrity of covered articles and their supply and compilation chain.

12. Capacity to mitigate risks identified.

13. Factors that could lead to inability of the supplier to provide security updates.

14. Factors that may reflect upon the reliability of other supply chain risk information.

15. Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.

(d) Non-Destructive and Destructive Testing. The Government may engage in non-destructive and/or destructive testing of any information system, equipment, and software to determine whether it will negatively affect the security or performance of a Department of State information system.

(e) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the

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Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.

(f) Software Bill of Materials (SBOM) Requests. For software, within 10 business days of request by a Department of State representative, the Contractor shall submit a SBOM to a designated representative. This request may be requested on one (1) or more occasions and shall be delivered at no increase in contract price.

(g) SBOM Sharing Notice. The Contractor consents to the sharing of its SBOM data with other contractors, such as tool solution providers, for the sole purpose of mapping against known vulnerabilities.

(h) Notification procedures for cybersecurity supply chain events. When cybersecurity supply chain events occur, the Contractor must contact the Contracting Officer or his/her designee within 12 hours of the event.

(i) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.

(j) Vulnerability Exploitability eXchange (VEX). The Contractor is required to notify the Department of any discovered software vulnerabilities within 12 hours.

Within three (3) days, they shall provide a report using a VEX format.

(k) Attestation following Major Version Change. Critical Software, as defined by National Institute for Science and Technology (NIST) Guidance, that is provided by the Contractor or subcontractors and is modified during the contract’s period of performance by a major version change (e.g., using a semantic versioning schema of Major.Minor.Patch, the software version number goes from 2.5 to 3.0) requires a new self-attestation. For indefinite delivery contract vehicles, this self-attestation must be provided for all critical software available for ordering on the contract vehicle when the software is modified during the contract vehicle’s ordering period of performance by a major version change. The Contractor shall either

(i) post the new attestation in a publicly available internet location within 15 days of the major version change and provide the COR, or Contracting Officer if a COR is not appointed, with the internet link or

(ii) shall contact the COR, or Contracting Officer if a COR is not appointed, and request the agency’s current software self-attestation form and submit it to the Government within 15 days of the major version change. The self-attestation form will contain the following elements: (i) the software producer's name; (ii) a description of which product or products the statement refers to including the number of the major version change; and (iii) a statement attesting that the software

P a g e | 19 producer follows secure development practices and tasks consistent with NIST Guidance.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (JAN 2025)

[(DEVIATION FEB 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

P a g e | 20 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.)

_ X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

__ (6) [Reserved].

_X_ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_ 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.

_ _ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).

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

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__ (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 (Jan 2025) (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 (Jan 2025) of 52.219-9.

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

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

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 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 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, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

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__ (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 (Jan 2025)(E.O. 13126).

__ (33) [Reserved].

__ (34) [Reserved].

__ (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 (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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__ (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 (Dec 2022) 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).

_ X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_ X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembly 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

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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).

__ (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.

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(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).

(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).

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(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) [Reserved].

(x) [Reserved].

(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 (Jan 2025) (E.O. 12989).

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(xx) (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.

(xxii) 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).

(xxiii) 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.

(xxiv) 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.

(xxv) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign…