RFQ_19TH2026Q0034_AC materials accessories replace for House 1_SIGNED.pdf
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- Solicitation number
- 19TH2026Q0034
- Issued by
-
Department of State US Embassy Bangkok
About this file
This is a Request for Quotations (RFQ) issued by the U.S. Embassy Bangkok for air conditioning materials and accessories. The solicitation number is 19TH2026Q0034, with a quotation due date of May 26, 2026, at 16:00 Bangkok local time. Questions regarding the solicitation must be submitted in writing by May 18, 2026, at 16:00 Bangkok local time to Poonnakrit Pinla-Or at Pinlaorp@state.gov. The Government intends to award a firm-fixed-price purchase order to the lowest-priced, acceptable, responsible quoter and may hold discussions with companies in the competitive range if necessary.
The required items include one Daikin ceiling-type air conditioning unit, four wall-type Daikin AC units of varying capacities, and 57 line items of supporting materials and accessories (soft copper tubes, insulation tubes, PVC pipe and fittings, electrical components, condensing stands, wiring materials, and miscellaneous hardware). Quotations must be submitted electronically to usembbkkdbo@state.gov in Adobe Acrobat PDF format with a maximum file size of 25MB. Offerors must complete the SF-1449, Section 1 Pricing, Section 5 Representations and Certifications, and submit a Bill of Quantity with technical proposal. All prices must be quoted in Thai Baht, with VAT excluded due to the Embassy's tax exemption certificate. Delivery is required within 10-15 days after contract award to the U.S. Embassy Bangkok Receiving Office with advance notice of at least three working days and specific driver and vehicle information. The contractor is responsible for all shipping, customs clearance, and delivery charges under a door-to-door, delivered duty paid (DDP) term. Offerors must be registered in the System for Award Management (SAM) prior to proposal submission and must demonstrate they operate an established business with a permanent address and telephone listing in Thailand.
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Embassy of the United States of America
Bangkok, Thailand
May 14, 2026
Dear Prospective Quoter:
Subject: Request for Quotations number 19TH2026Q0034
Enclosed is a Request for Quotations (RFQ) for AC materials and accessories. If you would like to submit a 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 this letter.
The U.S. government intends to award a purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
Direct any questions regarding this solicitation in writing to Poonnakrit Pinla-Or, email:
Pinlaorp@state.gov. Questions must be written in English. The closing date for question submission will be May 18, 2026 at 16:00 Hrs. (Bangkok local time).
Quotations are due by May 26, 2026 at 16:00 Hrs. (Bangkok local time). 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 Pinlaorp@state.gov. It is important to make sure the submission is made in specific size and format; in Adobe Acrobat (pdf) file format. The file size must not exceed 25MB. If the file size should exceed 25MB, the submission must be made in separate files and attached to separate emails with less than 25MB each.
In order for a quotation to be considered, you must also complete and submit the following:
1. SF-1449
2. Section 1, Pricing
3. Section 5 Representations and Certifications
4. Additional information as required in Section 3 mailto:Pinlaorp@state.gov.
mailto:Pinlaorp@state.gov.
Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submitting their offer/proposal as prescribed under FAR 4.1102.
Failure to be registered at the time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.
Sincerely, Ramon Menendez-Carreira
Contracting Officer http://www.sam.gov/
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
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
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 1. REQUISITION NUMBER
PR16006049 1/1
5. SOLICITATION NUMBER
PR16006049
a. NAME
Pinlaorp@state.gov 662-205-5741
U.S. Embassy Bangkok 120-122 Wireless RD., Lumpini, Pathumwan, Bangkok, Thailand 10330
1 Air conditioning materials and accessories See Section 1, II Pricing
5/14/2026
LOCAL TIME
May26,2026
16.00 HRS.
U.S. Embassy Bangkok GSO/Procurement 120-122 Wireless Rd., Lumpini, Pathumwan, Bangkok, Thailand 10330
1 Lot THB THB
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NUMBER
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:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE
SF 1449 cover sheet
Continuation To SF-1449, RFQ Number 19TH2026Q0034, Prices, Block 23
Continuation To SF-1449, RFQ Number 19TH2026Q0034, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement
SECTION 2 - CONTRACT CLAUSES
Contract Clauses
Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12
SECTION 3 - SOLICITATION PROVISIONS
Solicitation Provisions
Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part
SECTION 4 - EVALUATION FACTORS
Evaluation Factors
Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12
SECTION 5 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS
Offeror 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 19TH2026Q0034
PRICES, BLOCK 23
I. SCOPE OF SERVICES
The Contractor shall deliver air conditioning materials and accessories to U.S. Embassy Bangkok in accordance with the specifications, terms and conditions set forth herein.
This is a firm-fixed price type of purchase order.
The price listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to the U.S. Embassy Bangkok.
All prices are in Thai Baht.
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.
II. PRICING
No. Goods description Qty Unit Unit
Price
(THB)
Total
AC Ceiling type Daikin Inverter M/D FHA30DV2S + RZF30DY2S +
BRC1E63 (wired remote control) 14,300–34,100 BTU/h 1 set
AC Wall type Daikin Inverter M/D FTKM09YV2S + RKM09YV2S
2,400 to 12,300 BTU 1 set
AC Wall type Daikin Inverter M/D FTKM15YV2S + RKM15YV2S
3,800-16,400 BTU 3 set
AC Wall type Daikin Inverter M/D FTKM18YV2S + RKM18YV2S
3,800-20,500 BTU 1 set
AC Wall type Daikin Inverter M/D FTKM24YV2S + RKM24YV2S
3,800 - 25,900 BTU 6 set
Soft copper tube size 5/8"x 50 ft (First grade) Thick 1.2 mm Brand
KMCT 1 roll
Soft copper tube size 1/2"x 50 ft (First grade) Thick 1.2 mm Brand
KMCT 10 roll
Soft copper tube size 3/8"x 50 ft (First grade) Thick 1.2 mm Brand
KMCT 2 roll
Soft copper tube size 1/4"x 50 ft (First grade) Thick 1.2 mm Brand
KMCT 9 roll
10 Insulation tube brand name Aeroflex,No. 3458 size 3/4" wall x 5/8" ID 8 each
11 Insulation tube brand name Aeroflex,No. 3412 size 3/4" wall x 1/2" ID 80 each
12 Insulation tube brand name Aeroflex,No. 3438 size 3/4" wall x 3/8" ID 16 each
13 Insulation tube brand name Aeroflex,No. 3414 size 3/4" wall x 1/4" ID 80 each
14 Insulation tube brand name Aeroflex,No. 1258 size 1/2" wall x 5/8" ID 10 each
15 Insulation tube brand name Aeroflex,No. 1212 size 1/2" wall x 1/2" ID 20 each
16 Insulation tube brand name Aeroflex,No. 1238 size 1/2" wall x 3/8" ID 10 each
17 Insulation tube brand name Aeroflex,No. 1214 size 1/2" wall x 1/4" ID 20 each
18 Insulation tube brand name Aeroflex,No. 3878 size 3/8" wall x 7/8" ID 20 each
19 Insulation tape size 1/8" x 2"x 30ft. Aerotape foam 12 roll
20 Aeroseal No.819 (700g) Adhesive for Aeroflex insulation. 4 can
21 Mizu slim duct No.SD-99 50 each
22 Mizu slim wall No.SW-99 15 each
23 Mizu slim elbow No.SK-99 15 each
24 Mizu slim corner No.SC-99 15 each
25 Mizu Slim Wall Cap No.SWC-99 10 each
26 Sumeda adjust elbow SN-100 20 each
27 Sumeda offset duct SIF-100 20 each
28 PVC pipe Size 1/2" x 4m 13.5 class (SCG) 40 each
29 PVC coupling Size 1/2" 13.5 class (SCG) 20 each
30 PVC elbow 90' size 1/2" 13.5 class (SCG) 40 each
31 PVC elbow 45' size 1/2" 13.5 class (SCG) 40 each
32 PVC Conduit clamp Size 1/2" (SCG) 40 each
33 Adhesive cement 125G for PVC pipe 4 each
34 Plastic anchor M7 4 box
35 Self-tapping screw Phillips Truss-Head size 8 x 1-1/2 1 box
36 Self-tapping screw Phillips Truss-Head size 8 x 1/2 1 box
37 Stand rubber for condensing 7x7x4 cm. 12 set
38 Pipe hangers 3'' 20 set
39 PVC pipe Size 3" x 4m 5 class (Gray) 2 each
40 Hex nut + washer 3/8" Zinc plate. 100 set
Wire VCT-G 3x2.5/2.5 Sqmm. "Thai Yazaki" 3+G Brawn, Black, Gray and Green/yellow(100 M / Roll ) 2 roll
Wire VCT-G 2x4/4 Sqmm. "Thai Yazaki" 2+G Brawn, Blue and
Green/yellow(100 M / Roll ) 1 roll
43 Spade terminals "T-Lug" YF 4-4 (100 Ea/pack) 2 packet
44 Spade terminals "T-Lug" YF 2.5-4s (100 Ea/pack) 4 packet
Rotary Isolator Switch (Surface) + Junction Box 250V 2P, 32A IP66
Haco 66SW232LE+66E1 11 set
Rotary Isolator Switch (Surface) + Junction Box 500V 3P, 32A IP66
Haco 66SW332/2LE+66E2 1 set
Miniature Circuit Breaker plug on type 1P, 16A, 6kA "Schneider"
QO116VSC6T 11 each
Miniature Circuit Breaker plug on type 3P, 16A, 6kA "Schneider"
QO316VSC6T 1 each
Liquid tight Flexible metal conduit EF Interlocked 1/2" "Arrow"
(60M/Roll) 1 roll
50 IMC Coupling 1/2" "Steel city" 12 each
51 Lock nut 1/2" "Steel city" 24 each
52 Bushing 1/2" "Steel city" 24 each
53 Liquid tight flexible connector 1/2" "Steel city" 24 each
54 IMC Clamps 1/2" for C-channel, hot dip galvanized "Steel city" 30 set
55 MULTI-PURPOSE PU FOAM TOA PU 500ML 6 can
56 Kraft corrugate paper roll. Size 19" DIA X 49" High approximate. 4 roll
57 3M Masking tape size 2" 10 roll
DELIVERY LOCATION AND TIME
A. The Contractor shall deliver all ordered items to the Receiving Office, U.S.
Embassy Bangkok. The address is:
U.S. EMBASSY BANGKOK
ATTN: GSO/RECEIVING
33 RAJDAMRI ROAD,
LUMPINI, PATHUMWAN,
BANGKOK 10330
THAILAND
Consignee address shall be as follows:
U.S. EMBASSY BANGKOK
120-122 WIRELESS RD.,
LUMPINI PATHUMWAN
BANGKOK 10330
THAILAND
B. The Contractor shall deliver all items not later than 10-15 days after date of contract award.
C. Any Contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies. The Contracting Officer's
Representative (COR) will be responsible for instructing contractor personnel at the time deliveries are made. Prior notice of at least three working days will be required.
D. If delivery is to the U.S. Embassy, deliveries shall be made between 7:30–11:30 hrs. or 13:00–
15:00 hrs. (Bangkok local time), Monday through Thursday, excluding U.S. Government holidays. Below information shall be sent to BangkokGSOReceiving@state.gov and
Dhana@state.gov at least three working days prior to delivery date to schedule the delivery:
i. Name and Surname of driver and passengers in English which match with the national identification card or passport.
ii. Driver’s cellphone number mailto:BangkokGSOReceiving@state.gov mailto:Dhana@state.gov
iii. Vehicle’s information
1. Vehicle type (e.g. pick-up truck, motorcycle)
2. Vehicle’s plate number
3. Vehicle’s brand and model
4. Vehicle’s color
iv. Delivery date and time
v. Purchase order number
E. The Contractor shall be responsible for all shipping, customs clearance, demurrage, tariff and any other charges related to shipping and delivery to specified destination. The shipment term for all items shall be door to door - delivered duty paid (DDP) term. The Contractor shall be responsible for transportation of all items at specified delivery address.
SECTION 2 - CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS
AND COMERCIAL SERVICES (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 (JAN 2025) (DEVIATION FEB 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun
2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov
2021) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712);
this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community - see FAR 3.900(a).
(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun
2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
(6) [Reserved].
(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of
Division R of Pub. L. 117-328).
(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders - Federal Supply
Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec
2023) ( Pub. L. 115– 390, title II).
(11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders - Prohibition. (Dec
2023) ( Pub. L. 115– 390, title II).
(ii) Alternate I (Dec 2023) of 52.204-30.
(12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors
Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025)
( 31 U.S.C. 6101 note).
(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (Oct 2018) ( 41 U.S.C. 2313).
(14) [Reserved].
(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022)
( 15 U.S.C. 657a).
(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)
(15 U.S.C. 657a).
(17) [Reserved]
(18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-6.
(19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
(ii) Alternate I (Mar 2020) of 52.219-7.
(20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
(21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Jun 2020) of 52.219-9.
(v) Alternate IV (Jan 2025) of 52.219-9.
(22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
(ii) Alternate I (Mar 2020) of 52.219-13.
(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 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 Representation (Jan
2025) (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).
_X_ (32) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Jan 2025)( E.O.
13126).
(33) [Reserved]
(34) [Reserved]
(35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ii) Alternate I (Jul 2014) of 52.222-35.
(36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(ii) Alternate I (Jul 2014) of 52.222-36.
(37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496).
_X_ (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(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) [(DEVIATION FEB 2025)] (7
U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
(47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
(ii) Alternate I (Oct 2022) of 52.225-1.
(49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter
29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-
169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I [Reserved].
(iii) Alternate II (Jan 2025) of 52.225-3.
(iv) Alternate III (Feb 2024) of 52.225-3.
(v) Alternate IV (Oct 2022) of 52.225-3.
(50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
(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).
_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While
Driving (May 2024) ( E.O. 13513).
(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
_X_ (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).
_X_ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by
American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.
L. 118-31, 41 U.S.C. 3901 note prec.).
(64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
(65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46
U.S.C. 55305 and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and
41 U.S.C. chapter 67).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements
(May 2014) (41 U.S.C. chapter 67).
(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 (Jan 2025) ( 15 U.S.C. 637(d)(2) and
(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in
FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O
13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements
(May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by
American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.
L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 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 (Jan 2025). 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 (Jan
2025) ( 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) [Reserved]
(J) [Reserved]
(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 (Jan 2025)
( 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 note prec.).
(Z) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64
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 people. 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 Procurement’s 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.
http://www.irs.gov/w14
(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 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) http://www.irs.gov/help/tax-law-questions
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.
THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE
INCORPORATED BY REFERENCE:
CLAUSE TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
(AUG 2020)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (NOV 2021)
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION
OF CONTRACT (FEB 2000)
52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
(JUNE 2013)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (JAN 2025) (DEVIATION FEB 25)
THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT:
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support
Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
652.215-70 EXAMINATION OF RECORDS
(a) With respect to matters related to this contract or a subcontract hereunder, the Department of
State Office of the Inspector General, or an authorized representative, shall have upon request:
(1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law; and
(2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters.
(b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(c) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (c), in all subcontracts under this contract other than acquisitions described in Federal
Acquisition Regulation 15.209(b)(1).
652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN
THE UNITED STATES (JUL 1988)
This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.
The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.
652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)
(AUG 1999)
(a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.
(b) Invoice Submission. The Contractor shall submit invoices in an original electronically to email: usembbkkdbo@state.gov. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).
(c) Contractor Remittance Address. The Government will make payment to the contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designer shall be identified as a Contracting Officer’s Representative (COR).
Such designation(s) shall specify the scope and limitations of the authority so delegated;
provided that the designer shall not change the terms or conditions of the contract, unless the
COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR for this contract is Facility Engineering Assistant.
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The Contractor warrants the following:
(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;
mailto:usembbkkdbo@state.gov
(2) That is has obtained all necessary licenses and permits required to perform this contract; and,
(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.
(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph
(a) of this clause.
THE FOLLOWING CERTIFICATION REGARDING COMPLIANCE WITH APPLICABLE
FEDERAL ANTI-DISCRIMINATION LAWS ARE PROVIDED IN FULL TEXT
Certification Regarding Compliance with Applicable U.S. Federal Anti-Discrimination
Law (Required under EO 14173, January 2025)
None of the funds solicited, awarded, or modified under this contract may be used for any initiatives or programs, or any activities that do not comply with Executive Order 14173 titled
Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
By signing and submitting its response to the solicitation, or by signing the contract award or modification, the Contractor certifies the following:
1. Its compliance in all respects with all applicable U.S. Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code, and
2. It does not operate any programs promoting Diversity, Equity, and Inclusion that violate any applicable Federal anti-discrimination laws.
(End of provision)
SECTION 3 - SOLICITATION PROVISIONS
52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023) IS INCORPORATED BY
REFERENCE (SEE SF-1449, BLOCK 27A)
ADDENDUM TO 52.212-1
Instructions to Offeror. Each offer must consist of the following:
1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Section 1 have been filled out.
2. Evidence that the offeror/quoter operates an established business with a permanent address and telephone listing in Thailand.
3. Bill of Quantity (BOQ) which covers all items listed in the solicitation. The BOQ shall consist of descriptions, quantities, unit prices of each item, delivery, shipment term and delivery lead time.
4. Technical proposal
5. The Contractor shall deliver all items not later than 10-15 days after date of contract award.
ADDENDUM TO SOLICITATION PROVISIONS
FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
This solicitation incorporates one or more solicitation provisions 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.
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