19PA1024Q0006 - Solicitation Cellphone Contract.pdf

Embassy of the United States of America

General Services Office

DATE: 6/07/2024

Procurement and Contracting Section

Dear Prospective Quoter:

Subject: Request for Quotations number 19PA1024Q0006

Enclosed is a Request for Quotations (RFQ) for Cellphone Communication services. If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award a contract to the responsible offeror representing best value using comparative evaluation authorized under FAR 13.106-2(b) (3). A comparative evaluation is defined as the act of comparing two or more offers in response to the RFQ. The item-by-item comparison is performed by comparing each offer directly to one another to determine which provides the best value to the Department.

Comparative evaluation is NOT a low price technically acceptable (LPTA) or trade-off process. Prospective offers must still meet basic standards for responsibility at FAR 9 .104 and solicitation compliance to be eligible for award. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies if there is a need to do so.

The Embassy intends to conduct a pre-quotation conference at the site, The pre-proposal conference will be held on Jun 20th 2024 at 9:00am (local time) at the US the Embassy Asuncion. Prospective offerors/quoters should contact Jose Vazquez vazquezic@5tate.gov by Jun 17111 2024 for additional information or to arrange entry to the building.

Quotations are due by July 12111 2024 at 12:00pm. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your quotation must be submitted electronically to Asuncioncontracting@,state.gov. It is important to make sure the submission is made in specific size and format; in Adobe Acrobat (pdt) file format. The file size must not exceed 30MB. If the file size exceeds the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-1449

2. Section I, Pricing

3. Section 5 Representations and Certifications

4. Additional information as required in Section 3

5. The Offeror should submit a completed IRS Form W-14, found at www.irs.gov/wl4, to ensure compliance with FAR 52.229-11.

6. Proof of SAM Registration

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR 12418663

PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

19PA1024Q0006

6. SOLICITATION ISSUE

DATE

06/07/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Jose Vazquez

b. TELEPHONE NUMBER(No collect calls)

+595 21 213715

8. OFFER DUE DATE/

LOCAL TIME

07/12/2024 – 12:00pm

9. ISSUED BY

CODE

19PA10 10. THIS ACQUISITION IS UNRESTRICTED

OR

SET ASIDE:_ % FOR:

AMERICAN EMBASSY – ASUNCION

1776 Mariscal López Ave.

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

Asuncion, Paraguay HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

Telephone: 213-715

Fax: 213-878

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB

DESTINAT-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER

UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Same as block #9 Same as Block #9

17a. CONTRACTOR/

OFFERER

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY Financial Management Office

American Embassy - Asuncion

CODE 19PA10

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN

SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

CLIN 0001

CLIN 1001

CLIN 2001

CLIN 3001

CLIN 4001

Cellphone Communication Services Base Year Cellphone Communication Services Option Year 1 Cellphone Communication Services Option Year 2 Cellphone Communication Services Option Year 3 Cellphone Communication Services Option Year 4

Month Month Month Month Month

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

ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE

ATTACHED. ADDENDA

ARE ARE NOT

ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

ADDENDA

ARE ARE NOT

ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

____ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED

____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

SIGNATURE OF QUOTER/CONTRACTOR UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (Type or print) DATE SIGNED NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

19.

ITEM

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED

GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP

NUMBER

34. VOUCHER

NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK

NUMBER

P FINA

L COMPLETE PARTIAL

38. S/R

ACCOUNT NO.

39. S/R VOUCHER

NO.

40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF 41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

SF 1449 cover sheet Continuation To SF-1449, RFQ Number 19PA1024Q0006 Prices, Block 23 Continuation To SF-1449, RFQ Number 19PA1024Q0006 Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement Attachment 1 to Description/Specifications/Performance Work Statement, Government

Furnished Property Attachment 2 CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT (C-

SCRM) SOFTWARE PRODUCER ATTESTATION FORM

SECTION 2 - CONTRACT CLAUSES

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

SECTION 3 - SOLICITATION PROVISIONS

Solicitation Provisions Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in

Part 12

SECTION 4 - EVALUATION

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

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19PA1024Q0006

PRICES, BLOCK 23

MONTHLY SUBSCRIPTION PLAN

1. SCOPE OF CONTRACT

The Contractor shall provide mobile telephone services to the Embassy of the United States of America in Asuncion Paraguay. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed.

Temporary Additional Services are defined as rental on a daily basis of a cell-phone with a SIM card. These services shall support special events at the Post. The Contractor shall provide Temporary Additional Services in addition to the scheduled services specified in this contract.

The Contracting Officer shall order Temporary Additional Services on an as needed basis. This work shall not be subcontracted. The Contracting Officer may require the Contractor to provide Temporary Additional Services with 24 hour advance notice.

The Contractor shall include in its next regular invoice details of the Temporary Additional Services and, if applicable, the materials provided and requested under these services. The Contractor shall also include a copy of the Contracting Officer’s written confirmation for the Temporary Additional Services.

II. PERIOD OF PERFORMANCE

The contract will be for a one-year period from the date of the contract award, with 4-year options to renew.

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF

2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS

SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE

TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

III. PRICING BASE PERIOD

The fixed-price for the base year (starting on the date stated in the Notice to Proceed and continuing for a period of 12 months) for cellphone services is:

PROPOSAL TIER 1 – MONTHLY PLAN PER LINE

Estimated number of lines: 50 Monthly Plan

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited

Monthly Data Plan 15+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

MONTHLY PLAN TIER 1

Total estimated Tier 1 x 50 lines

PROPOSAL TIER 2 – MONTHLY PLAN PER LINE

Estimated number of lines: 250 Monthly Plan

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited Monthly Data Plan 7+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

MONTHLY PLAN TIER 2

Total estimated Tier 2 x 250 lines

DETAILS: ROAMING SERVICE Unit PRICE

Roaming in other destinations – Calls (other than Paraguay) Per minute

Roaming in other destinations – Data Per Gb

Roaming in other destinations – Text Messages Per Message

Long Distance Calls to The United States, from PY to USA and vice versa

Per minute

Remark: If roaming charges are different based on region country, please provide a breakdown of regions/countries and the respective charge for calls, data and text messages.

PROPOSAL TO INCLUDE AS THE SOW – ADDITIONAL PURCHASE OF DATA PLAN PER LINE

Description QTY PRICE Additional Data 1Gb Additional Data 3Gb Additional Data 5Gb Remark: After the monthly data allotment has been used, each line will maintain, without additional charge, mobile data connectivity at a reduced speed.

Rollover Data Plan: Under-usage credit in one month can accumulate the following month.

All data plans shall support connections via LTE and 5G– pending coverage. If 5G is not available now, then our lines should be enabled for it when it is available without additional cost.

PROPOSAL TO INCLUDE AS THE SOW – MONTHLY DATA PLAN FOR TABLETS

Estimated Number of Lines 5 - 30 Description QTY MONTHLY PRICE

Monthly Data Plan 20+ Gb Remark: Continued connectivity at a reduced speed after the month’s allotted bandwidth has been used.

During this contract period, the Government shall place orders totaling a minimum of $1,000.00.

This reflects the contract guarantee minimum for this period of performance. The amount of all orders shall not exceed $90,000.00. This reflects the contract maximum for this period of performance.

IV. PRICING FIRST OPTIONAL PERIOD

The fixed-price for the first optional period of 12 months for cellphone services is:

PROPOSAL TIER 1 – MONTHLY PLAN PER LINE

Estimated number of lines: 50 Monthly Plan

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited

Monthly Data Plan 15+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited Monthly Data Plan 7+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

Roaming in other destinations – Data Per Gb

Per minute

Remark: If roaming charges are different based on region country, please provide a breakdown of regions/countries and the respective charge for calls, data and text messages.

PROPOSAL TO INCLUDE AS THE SOW – ADDITIONAL PURCHASE OF DATA PLAN PER LINE

Description QTY PRICE Additional Data 1Gb Additional Data 3Gb Additional Data 5Gb Remark: After the monthly data allotment has been used, each line will maintain, without additional charge, mobile data connectivity at a reduced speed.

Rollover Data Plan: Under-usage credit in one month can accumulate the following month.

All data plans shall support connections via LTE and 5G– pending coverage. If 5G is not

Description QTY MONTHLY PRICE

Monthly Data Plan 20+ Gb Remark: Continued connectivity at a reduced speed after the month’s allotted bandwidth has been used.

orders shall not exceed $90,000.00. This reflects the contract maximum for this period of performance.

V. PRICING SECOND OPTIONAL PERIOD

The fixed-price for the first optional period of 12 months for cellphone services is:

PROPOSAL TIER 1 – MONTHLY PLAN PER LINE

Estimated number of lines: 50 Monthly Plan

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited

Monthly Data Plan 15+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited Monthly Data Plan 7+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

Roaming in other destinations – Data Per Gb

Per minute

Remark: If roaming charges are different based on region country, please provide a breakdown of regions/countries and the respective charge for calls, data and text messages.

PROPOSAL TO INCLUDE AS THE SOW – ADDITIONAL PURCHASE OF DATA PLAN PER LINE

Description QTY PRICE Additional Data 1Gb Additional Data 3Gb Additional Data 5Gb Remark: After the monthly data allotment has been used, each line will maintain, without additional charge, mobile data connectivity at a reduced speed.

Rollover Data Plan: Under-usage credit in one month can accumulate the following month.

All data plans shall support connections via LTE and 5G– pending coverage. If 5G is not

Description QTY MONTHLY PRICE

Monthly Data Plan 20+ Gb orders shall not exceed $90,000.00. This reflects the contract maximum for this period of performance.

VI. PRICING THIRD OPTIONAL PERIOD

The fixed-price for the first optional period of 12 months for cellphone services is:

PROPOSAL TIER 1 – MONTHLY PLAN PER LINE

Estimated number of lines: 50 Monthly Plan

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited

Monthly Data Plan 15+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited Monthly Data Plan 7+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

Roaming in other destinations – Data Per Gb

Per minute

Remark: If roaming charges are different based on region country, please provide a breakdown of regions/countries and the respective charge for calls, data and text messages.

PROPOSAL TO INCLUDE AS THE SOW – ADDITIONAL PURCHASE OF DATA PLAN PER LINE

Description QTY PRICE Additional Data 1Gb Additional Data 3Gb Additional Data 5Gb Remark: After the monthly data allotment has been used, each line will maintain, without additional charge, mobile data connectivity at a reduced speed.

Rollover Data Plan: Under-usage credit in one month can accumulate the following month.

All data plans shall support connections via LTE and 5G– pending coverage. If 5G is not

Description QTY MONTHLY PRICE

Monthly Data Plan 20+ Gb orders shall not exceed $90,000.00. This reflects the contract maximum for this period of performance.

VII. PRICING FOURTH OPTIONAL PERIOD

The fixed-price for the first optional period of 12 months for cellphone services is:

PROPOSAL TIER 1 – MONTHLY PLAN PER LINE

Estimated number of lines: 50 Monthly Plan

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited

Monthly Data Plan 15+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

Rollover Call Plan: Under-usage credit in one month can accumulate the following months.

Calls within Network Unlimited

Local Calls, all Destinies (Land lines / other providers / etc.) Unlimited

Text Message within Network and other providers Unlimited Monthly Data Plan 7+ GB

WhatsApp: Use of WhatsApp shall be part of the monthly plan without drawing against monthly data allowance.

Free

Roaming Calls and Data: Available and not limited to: Americas and Europe Deductible from current plan and limited to credits (Call and Data) available.

Roaming in other destinations – Data Per Gb

Per minute

Remark: If roaming charges are different based on region country, please provide a breakdown of regions/countries and the respective charge for calls, data and text messages.

PROPOSAL TO INCLUDE AS THE SOW – ADDITIONAL PURCHASE OF DATA PLAN PER LINE

Description QTY PRICE Additional Data 1Gb Additional Data 3Gb Additional Data 5Gb Remark: After the monthly data allotment has been used, each line will maintain, without additional charge, mobile data connectivity at a reduced speed.

Rollover Data Plan: Under-usage credit in one month can accumulate the following month.

All data plans shall support connections via LTE and 5G– pending coverage. If 5G is not

Description QTY MONTHLY PRICE

Monthly Data Plan 20+ Gb

VALUE ADDED TAX (VAT)

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

During this contract period, the Government shall place orders totaling a minimum of $1,000.00.

This reflects the contract guarantee minimum for this period of performance. The amount of all orders shall not exceed $90,000.00. This reflects the contract maximum for this period of performance.

Base Year Total Option Year 1 Total Option Year 2 Total Option Year 3 Total Option Year 4 Total

GRAND TOTAL FOR BASE + ALL OPTION YEARS

CONTINUATION TO SF-1449

RFQ NUMBER 19PA1024Q0006

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SCHEDULE OF SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

This solicitation is for mobile telephone services. The U.S. Embassy is using 350+ lines for official purposes. The Contractor shall provide complete mobile telephones services for the U.S.

Embassy Asuncion. Services provided shall include:

Calls within Paraguay International Calls International Roaming Full internet access SMS Messaging Voice Mail 24-hour Customer Service Detailed Billing of Calls Made Data Services

The Contractor shall ensure that the connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the COR must be immediately informed of any problems and their resolution.

1.2 CALLS WITHIN Paraguay

The Contractor shall ensure on a 24-hour basis at least 90% local network coverage around Asuncion with special consideration to all urban areas and main traffic routes.

1.3 INTERNATIONAL CALLS

The Contractor shall ensure on a 24-hour basis international connectivity with the USA, all European countries, and all other worldwide countries that telephone services are available.

1.4 INTERNATIONAL ROAMING

The Contractor shall provide as extensive international roaming connectivity as possible, with the special interest of the Government for roaming within all Americas, Europe and the USA.

1.5 HTTP PROTOCOL

The Contractor shall provide Internet connection through their network.

1.6 SMS MESSAGING

The Contractor shall provide access to around the clock SMS messaging.

1.7 VOICE MAIL

The Contractor shall provide Voice Mail services in English and Spanish Language. A Voice Mail Box shall be prepared for each number separately as per standard practice.

1.8 RENTAL OF CELL-PHONES WITH SIM CARDS

The Contractor shall provide up to 30 cell-phones for rent within 5 days of notice and additional 20 cell-phones within the next 3 days, according to Government needs, for official visits.

Included with the cell-phone should be a SIM card (if needed), an English Instruction Manual, batteries, and a phone charger.

1.9 CUSTOMER SERVICE

The Contractor shall provide technical support for setting up voice mail, roaming questions, questions on the phone features, number changes, lost or stolen telephone reporting, manufacturer’s warranty information, and all other matters concerning the mobile telephone services through the Contractor’s Project Manager.

1.10 DETAILED BILLING

1.10.1 The Contractor shall provide a monthly breakdown of calls made by individual numbers.

The breakdown shall clearly show:

Called Number Time and Date of the Call Duration of the Call Price

1.10.2 The monthly lists of calls made shall be forwarded to the Contracting Officer’s Representative (COR) until the end of each current month for the previous month to the following address:

U.S. Embassy Asuncion – Mariscal. Lopez Ave 1776

2. INVOICING

The Contractor shall submit monthly invoices to the COR at the address shown in paragraph d below. A proper invoice must include the following information:

Contractor's name and bank account information for payments by wire transfers

Invoice Date

Contract Number

A summary showing a listing of each line with total monthly price in local currency for that line.

A detailed invoice for each agency has to be attached to each summary invoice and should include the cost breakdown by each telephone line according to the pricing schedule

A detailed list of all calls made for each line

Prompt payment discount, if any

Name, title, phone number, and address of person to contact in case of defective invoice

If an invoice does not contain the above information, the Government reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendars days. The Contractor must then submit a proper invoice.

The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each individual Government agency. That agency representative will review the detailed invoice and either approve for payment or advise the COR of the inaccuracies found. It shall be the COR who will interact with the Contractor on any invoice problems.

The Contractor will send all invoices to the following address:

U.S. Embassy FacturasAsuncionAmEmb@state.gov

Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice

(f) The Government will provide annual proof of a direct exemption of Value Added Tax (VAT); according to host country VAT laws.

3. KEY PERSONNEL

3.1 The Project Manager must be able to converse in English and Spanish language. The Contractor shall assign to this contract the following key person:

POSITION/FUNCTION ___________________ NAME _________________

Project Manager

3.2 During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the Contracting Officer at least 15 days before making any permanent substitutions.

3.3 After the first 90 days of performance, the Contractor may substitute a key person if the Contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

3.4 The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The Government will modify the contract to reflect any changes in key personnel.

4. PERMITS

Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Paraguay country laws.

5. GOVERNMENT FURNISHED PROPERTY

5.1 The Government intends to use Government Owned Equipment and Accessories, more than 350 cellphone equipment. The Contractor shall provide a fully functional SIM card or ESim, telephone number, and appropriate security codes for all existing Government cell-phones.

5.2 A list of Cell-Phone Types that the Government owns and intends to use with the services provided in this contract:

iPhone XS Max iPhone XR iPhone 11 iPhone 12 iPhone 13 iPhone 14 iPhone 15

6. ADDITION OF NEW LINES

The Contractor will provide a fully functional SIM card, telephone number, and appropriate security codes to the COR within 24 hours after receiving a delivery order under the contract.

7. NON-OFFICIAL LINES

This Contract is valid only for official Government needs.

8. DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

9. TECHNOLOGICAL REFRESHMENT

After contract award, the Government may; pursuant to FAR clause 52.212-4 - Contract Terms and Conditions –Commercial Items, paragraph (c), Changes; request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology.

The Contractor may propose for the Government’s technological refreshment, substitutions or additions for any provided products or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing purposes. This action is considered to be within the scope of the contract. At the option of the Government, a demonstration of the substitute product may be required. The Government is under no obligation to modify the contract in response to the proposed additions or substitutions.

Such substitutions or additions may include any part of, or all of, a given product(s) provided that the following conditions are met and substantiated by documentation in the technological refreshment proposal:

The proposed product(s) shall meet all of the technical specifications of this document and conform to the terms and conditions cited in the contract.

The proposed product(s) shall have the capacity, performance, or functional characteristics equal to or greater than, the current product(s).

The proposal shall discuss the impact on hardware, services, and delivery schedules. The cost of the changes not specifically addressed in the proposal shall be borne entirely by the Contractor.

Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Government. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment, increasing or decreasing the contract price, may be required and any other affected provisions of this contract shall be made in accordance with FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.

10. SPECIAL SHORT TERM PROMOTION

For the entire contract duration, the Contractor will offer the U.S. Embassy the option to take advantage of any promotional programs that it offers and that is suited for use by U.S. Embassy staff. The U.S. Embassy, at its own discretion, will have the option to take or reject the opportunity.

11. DELIVERY ORDERS

The Contracting Officer will issue delivery orders to order phone and services to the Contractor for performance of work under this contract. If an order is given orally, it will be followed up by a written delivery order within 7 days.

12. TRAINING

The Contractor shall provide, at no additional cost, training to all U.S. Embassy employees who received a mobile phone. Training to be provided will include the proper operation of the equipment purchased and the equipment’s operating features. The training will be coordinated with the COR to match the U.S. Embassy work schedule.

13. SURVIVABILITY AND RECOVERY

The Contractor shall have a working system of network survivability in case of emergencies and serious disasters when all networks may be jammed or when parts of the network are destroyed.

The Contractor shall have a recovery plan in place that shall deal with such occurrences.

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 Cellphone Communication services set forth in the scope of work.

1. thru 19.

All required services are performed and no more than three (3) customer complaint is received per month.

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV

2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

(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:

[Contracting Officer check as appropriate.]

_X_(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_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].

__(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).

_X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN

2023) (Section 102 of Division R of Pub. L. 117-328).

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

_X_(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, 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).

__(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 Rerepresentation (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).

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

__(34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__(ii) Alternate I (FEB 1999) of 52.222-26.

__(35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__(ii) Alternate I (JUL 2014) of 52.222-35.

__(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

__(ii) Alternate I (JUL 2014) of 52.222-36.

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

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

_X_(39) (i) 52.222-50, Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

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

FAR 22.1803.)

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

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

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

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

__(44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

2014) (E.O.s 13423 and 13514).

__(ii) Alternate I (OCT 2015) of 52.223-13.

__(45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN

2014) (E.O.s 13423 and 13514).

__(ii) Alternate I (Jun2014) of 52.223-14.

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

__(47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__(ii) Alternate I (JUN 2014) of 52.223-16.

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

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

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

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

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

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

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

__(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__(ii) Alternate I [Reserved].

__(iii) Alternate II (DEC 2022) of 52.225-3.

__(iv) Alternate III (FEB 2024) of 52.225-3.

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

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

_X_(55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

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

__(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

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

_X_(62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

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

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

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

__(66) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__(67)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

__(1) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter67).

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

__(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts) (AUG

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

14026 (JAN 2022).

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

13706).

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

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

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509).

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

4712).

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by 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).

(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…