SOLICITATION_FINAL.pdf

TABLE OF CONTENTS

SECTION 1 ‐ THE SCHEDULE

SF 1449 cover sheet

Continuation To SF‐1449, RFQ Number 19RP3825Q0008, Prices, Block 23

Continuation To SF‐1449, RFQ Number 19RP3825Q0008, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

Attachment 1 CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT (C‐SCRM) Questionnaire

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

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

RFQ No.: 19RP3825Q0008

Cellphone Service for US Embassy Manila, Philippines

SECTION 1 ‐ THE SCHEDULE

CONTINUATION TO SF‐1449

RFQ NUMBER 19RP3825Q0008

PRICES, BLOCK 23

I. SCOPE OF CONTRACT

The Contractor shall provide mobile telephone services to the Embassy of the United States of America in Manila, Philippines. 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.

II. PERIOD OF PERFORMANCE

The contract will be for a one‐year period from the date of the contract award, with four (4) one year options to renew and one six‐ months option, if exercised by the Government.

III. PRICING

A. BASE YEAR

PLANS

ESTIMATED QTY

OF ACCOUNTS

NO. OF

MONTHS

MONTHLY

RATE

ANNUAL

COST

TIER 1 (BASIC ) 188 12

TIER II (MID) 800 12

TIER III (EXECUTIVE) 10 12

TIER IV (DATA) 50 12

GRAND TOTAL

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.

B. FIRST OPTION YEAR

OF ACCOUNTS

NO. OF

MONTHS

MONTHLY

RATE

ANNUAL

COST

TIER 1 (BASIC ) 202 12

TIER II (MID) 860 12

TIER III (EXECUTIVE) 11 12

C. SECOND OPTION YEAR

OF ACCOUNTS

NO. OF

MONTHS

MONTHLY

RATE

ANNUAL

COST

TIER 1 (BASIC ) 216 12

TIER II (MID) 920 12

TIER III (EXECUTIVE) 12 12

D. THIRD OPTION YEAR

OF ACCOUNTS

NO. OF

MONTHS

MONTHLY

RATE

ANNUAL

COST

TIER 1 (BASIC) 216 12

TIER II (MID) 950 12

TIER III (EXECUTIVE) 12 12

E. FOURTH OPTION YEAR

OF ACCOUNTS

NO. OF

MONTHS

MONTHLY

RATE

ANNUAL

COST

TIER 1 (BASIC ) 216 12

TIER II (MID) 950 12

TIER III (EXECUTIVE) 12 12

F. 6 MONTHS (FAR 52.217‐8 OPTION TO EXTEND SERVICE)

OF ACCOUNTS

NO. OF

MONTH

S

MONTHLY

RATE

ANNUAL

COST

TIER 1 (BASIC ) 216 6

TIER II (MID) 950 6

TIER III (EXECUTIVE) 12 6

TIER IV (DATA) 50 6

G. BASE PLUS FOUR (4) OPTIONS, PLUS 6 MONTHS EXTENTION (FAR 52.217‐8):

BASE YEAR

FIRST OPTION YEAR

SECOND OPTION YEAR

THIRD OPTION YEAR

FOURTH OPTION YEAR

6 MONTHS

GRAND TOTAL + ALL OPTION YEARS

During this contract period, the Government shall place orders totaling a minimum of 500 accounts under Tier II. This reflects the contract guarantee minimum for this period of performance. The amount of all orders shall not exceed 1228 accounts per contract year. This reflects the contract maximum for this period of performance.

IV. 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.

CONTINUATION TO SF‐1449

RFQ NUMBER 19RP3825Q0008

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 800 (approx.)

accounts/ lines for official purposes. The Contractor shall provide complete mobile telephones services for the U.S. Embassy of Manila, Philippines. Services provided shall include:

Sim cards or eSim codes

Convert physical SIM to an eSIM.

Provide cellular plans on an eSIM that can be activated by eSIM Carrier Activation or scanning a QR code that is issued both electronically and on paper.

Calls within Philippines

International Calls

International Roaming

SMS Messaging, including to non‐standard numbers such as 46820118.

24‐hour Customer Service

Detailed Billing of Calls Made

Data Services within Philippines and Internationally without blocking of sites

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.

1.1 PLANS

1.1.1 TIER I (Basic) Plan

Allow calls to all cellular and landline telephone service providers with unlimited hours, including national direct dial.

Allow SMS messages (text) to all cellular service providers with unlimited counts.

A minimum of 6GB Data + Voice Over Long Term Evolution (VolTE) & Voice Over

WIFI (VolWIFI) Enabled with Data‐Bill Cap at P2,500 allowing for data top‐up options.

Additional, 1 GB per day for Social Media sites (Facebook, Messenger, Instagram and

WhatsApp)

Additional, 2 GB per day of Microsoft Apps (Teams, Outlook, Skype, Office 365, Sharepoint & One Drive).

1.1.2 TIER II (Mid Level) Plan

hours, including national direct dial.

Allow SMS messages (text) to all cellular service providers with unlimited counts.

A minimum of 26 GB Data + Voice Over Long Term Evolution (VolTE) & Voice Over

WIFI (VolWIFI) Enabled with Data‐Bill Cap at P2,500 allowing for data top‐up options.

Additional, 2 GB per day for Social Media sites (Facebook, Messenger, Instagram and

WhatsApp)

1.1.3 TIER III (Executive) Plan

hours, including national direct dial.

Allow SMS messages (text) to all cellular service providers with unlimited counts.

A minimum of 50 GB Data + Voice Over Long Term Evolution (VolTE) & Voice Over

WIFI (VolWIFI) Enabled with Data‐Bill Cap at P3,500 allowing for data top‐up options.

Additional, 2 GB per day for Social Media sites (Facebook, Messenger, Instagram and

WhatsApp)

1.1.4 TIER IV

A minimum of 50 GB Data highspeed data service 3/4G/LTE & 5G within the Philippines + 2 GB per day Facebook Apps (Facebook, Messenger, Instagram and WhatsApp) highspeed data service 3/4G/LTE & 5G within the Philippines + 2 GB per day of Microsoft Apps (Teams, Outlook, Skype, Office 365, Sharepoint & One

Drive Data‐Bill Cap at P2,500 allowing for data top‐up options.

1.2 CALLS WITHIN PHILIPPINES (NDD)

The Contractor shall ensure on a 24‐hour basis at least 90% local network coverage around the Manila Metropolitan Area, Luzon, Visayas, Mindanao with special consideration to all urban areas, Makati 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 VOICE AND DATA ROAMING

The Contractor shall provide as extensive international roaming connectivity as possible, with the special interest of the Government for roaming within all Asian Countries and the USA with priority on Washington D.C. and vicinity.

1.5 SMS MESSAGING

The Contractor shall provide access to around the clock SMS messaging. Allow sending and replying to non‐standard number including 46820118.

1.6 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 to include immediate disconnection/deactivation of account once notified by the COR or Embassy representative.

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.

1.7 DETAILED BILLING

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

The breakdown shall clearly show:

Account Number

Called Number

Time and Date of the Call

Duration of the Call

Data Consumption

Price

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

Invoice Date

Contract Number

1.7.2 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 in electronic format pdf and cvs (EXCEL) to the email address: MNLFMCDBO@STATE.GOV.

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:

Invoices or billing statement must be emailed to FMC's electronic inbox ONLY:

MNLFMCDBO@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. The Contractor shall assign to this contract the following key person:

POSITION/FUNCTION : ___________________ NAME _________________

CONTACT INFORMATION:________________

EMERGENCY SUPPORT: __________________ NAME _________________

CONTACT INFORMATION: ________________

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 Philippine country laws.

5. GOVERNMENT FURNISHED PROPERTY

5.1 The Government intends to use Government Owned Equipment and Accessories as listed below. The Contractor shall provide a fully functional SIM card/E‐sim and appropriate security codes as deemed necessary for all existing Government cellphones.

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

Handset Type Count of Model iPad Air 13 inch M2 iOS 1 iPad Air 5 iOS 1 iPad Pro 13 inch M4 iOS 1 iPad Pro with Wi‐Fi + Cellular iOS 5 iPhone 11 iOS 11 iPhone 11 iOS 25 iPhone 11 Pro Max iOS 29 iPhone 12 iOS 70 iPhone 12 Pro iOS 2 iPhone 12 Pro Max iOS 4 iPhone 13 iOS 33 iPhone 13 iOS 2 iPhone 13 mini iOS 1 iPhone 13 mini iOS 1 iPhone 13 Pro iOS 15 iPhone 13 Pro Max iOS 7 iPhone 13 Pro Max iOS 7 iPhone 14 iOS 161 iPhone 14 Plus iOS 22 iPhone 14 Pro iOS 11 iPhone 14 Pro Max iOS 15 iPhone 15 iOS 3 iPhone 15 Pro iOS 2 iPhone 15 Pro Max iOS 11 iPhone 8 iOS 1 iPhone SE iOS 1 iPhone XR iOS 2 iPhone Xs iOS 1 iPhone Xs iOS 1 iPhone Xs Max iOS 4

Samsung SM‐S928B Android 1

6. ADDITION OF NEW LINES

The Contractor will provide a fully functional SIM card/ Esim, telephone number, and appropriate security codes as deemed necessary to the COR within 3 business days 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 sims/Esims 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. EQUIPMENT RETURN/DEFECTIVE POLICY

If a sim card is defective or is being returned, the sim card will be exchanged within five (5) working days.

13. CUSTOMER SERVICE CENTERS

The Contractor is to provide a telephone number for the purpose of reporting sim card/Esim problems and malfunctions, billing inquiries, and customer question regarding accounts and services.

14. DELIVERIES

The Contractor will provide a fully functional SIM card/Esim to the COR after receiving a delivery order under the contract in accordance with the number of working days below.

NUMBER OF

WORKING DAYS

TIER I 3 WORKING DAYS

TIER II 3 WORKING DAYS

TIER III 3 WORKING DAYS

TIER IV 3 WORKING DAYS

Deliveries of physical SIM card shall be made between the hours of 9:00 am to 4:00 pm, Monday to Friday at the U.S. Embassy Manila 1201 Roxas Blvd. Ermita Manila: Attention Diplomatic Technology.

Delivery of Esim please contact manilaischelpdesk@state.gov

15. 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 U.S. Embassy Manila, Philippines Cellphone Services set forth in the scope of work.

1. thru 15.

All required services are performed and no more than one (1) customer complaint is received per month.

ATTACHMENT 1

CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT (C‐SCRM)

C‐SCRM QUESTIONNAIRE

Please refer to the attached excel spreadsheet/file

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 (NOV 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:

(1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

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

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

__ (6) [Reserved].

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

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

__ (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, 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. 657s).

__ (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) ( 15 U.S.C. 637(a)(17)).

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

(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).

(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 (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).

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

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

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

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

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

_ (56) 52.229‐12, Tax on Certain Foreign Procurements (Feb 2021).

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

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

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

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

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

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

__ (63) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (64)

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

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

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

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

__ (1) 52.222‐41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

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

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

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

__ (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).

__(10) 52.247‐69, Reporting Requirement for U.S.‐Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g).

(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 (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐ 40.

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

(xvi)

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

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

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

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

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

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

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

(xxii)

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

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

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

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

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

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

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

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and

(c) of this clause".

Alternate II (Feb 2024) . As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause‐

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

(B) 52.203‐15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111‐5).

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

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

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

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

(G)__( 1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__(2) Alternate I (Dec 2023) 52.204‐30.

(H) 52.219‐8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(I) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(J) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

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

(O) __ (1) 52.222‐50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

__ (2) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

(R) 52.222‐54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

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

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

(U)__ (1) 52.224‐3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

__ (2) Alternate I (Jan 2017) of 52.224‐3.

(V) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

(Y) 52.240‐1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act‐Covered Foreign Entities (Nov 2024) (Sections 1821‐1826, Pub. L.

118‐31, 41 U.S.C. 3901.

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

ADD THE FOLLOWING CLAUSE IN FULL TEXT:

52.229‐12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION

(FEB 2021)

(a) Definitions. As used in this clause—

Foreign person means any person other than a United States person.

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

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

(2) A domestic partnership;

(3) A domestic corporation;

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

7701(a)(31)); and

(5) Any trust if‐

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

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

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

(c)

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

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

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

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

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

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

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

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

(End of clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e‐CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS (AUG 2024)

(a) Definitions. As used in this clause:

Covered article ‐ The term "covered article" includes‐

(1) "Information and Communications technology" which is an industry term for information technology that is involved in integrating telecommunications (e.g., telephone lines and wireless signals) and computers to enable users to access, store, manipulate, transmit, and receive digital information. This includes software, software as a service, digital and data services, and hardware components that support information creation, storage, transfer, and management, like computers and smartphones.

(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…