RFQ_19TH2027Q0006_Shuttle Service_20261102_SIGNED.pdf
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- Shuttle Service
- Solicitation number
- 19TH2027Q0006
- Issued by
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Department of State US Embassy Bangkok
About this file
This is a Request for Quotations (RFQ) issued by the U.S. Embassy in Bangkok, Thailand for motorized three-wheeled electric vehicle (tuk-tuk) shuttle and shuttle van services. The solicitation number is 19TH2027Q0006, issued November 2, 2026, with quotations due by November 12, 2026 at 4:00 PM Bangkok local time. Questions must be submitted by November 4, 2026. The contract is an indefinite-delivery, indefinite-quantity type with firm-fixed daily rates for a one-year performance period from the award date through November 30, 2026. The Government estimates it will place orders totaling a minimum of 50 days and a maximum of 120 days during the contract period. All pricing must be in Thai Baht and shall include labor, materials, insurance (Defense Base Act and general liability), overhead, and profit. The estimated yearly quantities are 120 days for tuk-tuk shuttle services and 120 days for shuttle van services, with an additional lot for DBA insurance premium costs.
The contractor must provide at least two full-time licensed drivers plus one backup driver for tuk-tuk services to furnish 36 shuttle trips per day, and at least two full-time licensed drivers plus one backup driver for shuttle van services to furnish 28 trips per day, operating Monday through Friday except Government holidays between two specified Embassy facilities. The contractor bears full responsibility for vehicle maintenance, fuel, insurance, all operational costs, driver conduct and licensing compliance, security background checks for personnel, and compliance with Thai labor laws and regulations. Award will be made to the lowest priced acceptable, responsible offeror. All offerors must be registered in SAM prior to proposal submission and must submit SF-1449, Section 1 Pricing, Section 5 Representations and Certifications, and required technical information including past performance references, personnel qualifications, equipment plans, insurance documentation, and transition plan. Quotations must be submitted electronically in PDF format not exceeding 25MB to Pinlaorp@state.gov.
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Embassy of the United States of America
Bangkok, Thailand
November 2, 2026
Dear Prospective Quoter:
Subject: Request for Quotations number 19TH2027Q0006
Enclosed is a Request for Quotations (RFQ) for motorized three-wheeled electric vehicle
(tuk-tuk) shuttle and shuttle van services. 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 contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/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 Pinlaorp@state.gov. Questions must be written in English. Closing date for question submission will be November 4, 2026, at
4:00 PM (Bangkok local time).
Quotations are due by November 12, 2026, at 4:00 PM (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 the 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
Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.
Failure to be registered at 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 mailto:Pinlaorp@state.gov mailto:Pinlaorp@state.gov.
https://www.sam.gov/ highly encouraged to register immediately if they are interested in submitting a response to this requirement.
Sincerely, Ramon Menendez-Carreira
Contracting Officer
SOLICITATION/CONTRACT/ORDER FOR
COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PR16344353
PAGE 1 OF
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
19TH2027Q0006
6. SOLICITATION ISSUE DATE
November 2, 2026
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Contracting Officer
b. TELEPHONE NUMBER
Pinlaorp@state.gov
8. OFFER DUE DATE/
November 12, 2026
9. ISSUED BY CODE 10. THIS ACQUISITION IS X UNRESTRICTED
OR
SET ASIDE:____ % FOR:
U.S. Embassy Bangkok
123 Main Street
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
GSO/Contracting & Procurement
Office
Bangkok
HUBZONE SMALL
BUSINESS
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
EDWOSB
8 (A) SIZE STANDARD:
11. DELIVERY FOR FOB
DESTINAT-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
X RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
U.S, Embassy Bangkok
Attn: GSO/Motor pool
17a. Contractor/Offeror CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY
American Embassy Bangkok
Financial Management Officer (NOB)
CODE
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 SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
1 1.Motorized three-wheeled electric vehicle
(Tuk-Tuk) shuttle services
2.Shuttle van service
1 Job THB THB
See statement of work for details.
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
ADDENDA
X ARE ARE NOT ATTACHED
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
HEREIN.
29. AWARD OF CONTRACT: REF. _________________ OFFER DATED
____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY
ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED
AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print)
31c. DATE SIGNED
1 Job
TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE
SF 1449 cover sheet
Continuation To SF-1449, RFQ Number 19TH2027Q0006, Prices, Block 23 Continuation To SF-1449, RFQ Number 19TH2027Q0006, 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 12
SECTION 4 - EVALUATION FACTORS
Evaluation Factors
Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in
Part 12
SECTION 5 - 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 19TH2027Q0006
PRICES, BLOCK 23
I. SCOPE OF CONTRACT
A. The purpose of this indefinite-quantity indefinite-delivery type of contract with firm-fixed daily rates under which may be placed firm-fixed price delivery order is for motorized three-wheeled electric vehicle (Tuk-Tuk) shuttle and shuttle van services for U.S.
Embassy Bangkok in accordance with the work statement specified in this contract.
B. The contract will be for a one-year period from the date specified on the awarded contract.
C. The price listed below shall include all labor, materials, insurance (see FAR 52.228-3 and
52.228-5), overhead and profit. The Government will pay the Contractor per each working day that the employee is provided to carry out the work and the payment will be made on a monthly basis for the services that have been satisfactorily performed.
D. All prices are in Thai Baht.
E. The rates shall include all the costs necessary to accomplish the work as required by this contract, including all managerial costs, administrative costs and drivers.
II. PRICING
II. A. Base Year (Base Term:
Twelve (12) Months)
Description
Estimated Yearly
Quantity Unit
Unit
Price/Day Total Yearly Price
Tuk-Tuk Shuttle services 120 days
Shuttle Van services 120 days
Defense Base Act (DBA) insurance premium cost 1 lot
Total price for base year
III. VALUE ADDED TAX
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.
IV. MINIMUM AND MAXIMUM AMOUNTS
During this contract period, the Government shall place orders totaling a minimum of 50 days.
This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed 120 days. This reflects the contract maximum for this period of performance.
CONTINUATION TO SF-1449,
RFQ NUMBER 19TH2027Q0006
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
1. SCOPE OF WORK
The Contractor shall provide drivers for shuttle services using the Government-owned motorized three-wheeled electric vehicle (Tuk-Tuk) and the Contractor-owned shuttle van for U.S. Embassy Bangkok. The Contractor shall provide all managerial, administrative, direct labor personnel, drivers including all servicing and insurance (see FAR 52.228-3 and 52.228-5) that are necessary to accomplish all work required by this contract.
This is an indefinite-delivery, indefinite-quantity, type contract with firm-fixed daily rates.
The performance period of this contract is from the start date specified in the awarded contract and continues for 12 months and individual delivery orders shall be issued for specified services within the rates designated.
1.1 DUTIES AND RESPONSIBILITIES
1.1.1 The Contractor shall provide at least two full-time licensed motorized three-wheeled electric vehicle (Tuk-Tuk) drivers (a third back-up driver is required) to provide 36 shuttle trip services per day from Monday to Friday except Government holidays between the Chancery
(NOB), 120-122 Wireless Road, Lumpini, Pathumwan, Bangkok 10330 and Rajdamri
Compound, 33 Rajdamri Road, Lumpini, Pathumwan, Bangkok 10330 by using one Government owned vehicle per trip.
The shuttle will depart and arrive inside the Chancery (NOB) building’s gate and in the parking lot next to GSO building inside the Rajdamri compound. The shuttle service schedule is as follows
Tuk -Tuk Shuttle service schedule
Depart Chancery Depart Rajdamri Compound
07:15
07:30 07:45
08:00 08:15
08:30 08:45
09:00 09:15
09:30 09:45
10:00 10:15
10:30 10:45
11:00 11:15
11:30 11:45
12:00 12:15
12:30 12:45
13:00 13:15
13:30 13:45
14:00 14:15
14:30 14:45
15:00 15:15
15:30 16:00
16:30
1.1.2 The shuttle van service shall serve as a backup transportation solution in the event of scheduled maintenance or any unexpected issues with the tuk-tuk vehicles. The contractor must ensure that a backup van is available and ready to provide the service whenever required. We will provide the contractor with at least seven (7) days’ notice in advance to allow sufficient time to prepare and arrange the shuttle van service without any operational disruptions. The
Contractor shall provide at least two full-time licensed for passenger van shuttle service (a third back-up driver is required) to provide 28 shuttle trips services per day from Monday to Friday except Government’s holidays between the Chancery (NOB), 120-122 Wireless Road, Lumpini, Pathumwan, Bangkok 10330 and Rajdamri Compound, 33 Rajdamri Road, Lumpini, Pathumwan, Bangkok 10330 by using the contractor’s own van per trip.
The shuttle will depart and arrive inside the Chancery (NOB) building’s gate and in the parking lot next to GSO building inside the Rajdamri compound. The shuttle service schedule is as follows:
Shuttle Van service schedule
Depart Chancery Depart RAJ
7:30
8:00 8:15
8:30 8:45
9:00 9:30
10:00 10:15
10:30 10:45
11:00 11:30
12:00 12:15
12:30 12:45
13:00 13:30
14:00 14:15
14:30 14:45
15:00 15:15
15:30 16:00
16:30
1.1.3 The Contractor shall, at its own expense, hold and save the Government, its officers, agents, and employees, harmless from all liability of any nature or kinds, including costs and expenses, for or on account of any or all claims, suits, or damage of any character whatsoever arising out of performance of this contract, including, but not limited to, personal suppliers, subcontractors, or other. The Contractor’s assumption of absolute liability continues independent of insurance policies. The Contractor shall assume full responsibility for the protection of all persons and property against injury and damage during transit at all times.
2. MANAGEMENT AND SUPERVISION
2.1 The Contractor shall designate a representative who shall always be responsible for supervision of the Contractor’s workforce. This representative shall be the focal point for the
Contractor and shall be the point of contact with U.S. government personnel. The representative shall have sufficient English language skills to be able to communicate with members of the
U.S. government staff. The representative shall have supervision as his or her sole function.
2.2 The Contractor shall maintain schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services. Individual work schedules shall not exceed 8 hours per day and 40 hours per week. The Contractor shall provide sufficient personnel to complete services listed in the contract.
2.3 The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the worksite on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections for those working on the contract.
2.4 The Contractor shall have at least one licensed driver who complies with the contract’s requirements to substitute the primary drivers who take leave. The Contractor shall provide information under paragraph no. 4 – Personnel Security to the Government together with the primary drivers to the COR within 30 days after award.
2.5 If there is a day that the Contractor fails to deliver services which are specified in this contract or the Contractor’s personnel are absent and the Contractor doesn’t provide personnel to substitute, the payment shall not be made to the Contractor for the service charge of that day and the Contractor shall deduct the service charge of that day from the invoice. If there is a day that the Contractor provides only one driver and doesn’t provide the personnel to substitute for the absent driver, the payment shall be made to the Contractor only 50% of the service charge for that day and the Contractor shall deduct 50% of the service charge for that day from the invoice.
3. PERSONNEL
3.1 The Contractor shall provide qualified drivers for the Government’s motorized three-wheeled electric vehicle (tuk-tuk) which is specified in this contract. Drivers employed to perform services shall be experienced and competent in the performance of such services and shall possess the appropriate license and insurance. Drivers shall comply with all requirements listed in this contract and possess a valid Thai driver’s licenses for operating motorized three-wheeled electric vehicle (tuk-tuk). Drivers are required to complete SMITH system, a safe driving course, which shall be provided by the Government. Drivers are responsible for enforcing the use of seatbelts for themselves and all passengers before operating the vehicle.
Drivers should always drive within all posted limits, and in a safe manner.
Drivers are required to ask passengers to sign the rider log provided by the Government to ensure accountability and tracking of statistics.
The Contractor’s employees shall maintain discipline on site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the
Government.
3.2 Standard of Conduct.
3.2.1 Uniform and Personal Equipment. The Contractor’s employees shall wear clean, neat, and complete uniforms while on duty that are provided by the Contractor. All employees shall wear uniforms approved by the Contracting Officer’s Representative (COR).
3.2.2 Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.
3.2.3 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.
3.2.4 The Contractor’s employees shall report any work issues or complaints to their direct supervisor or directly to their company to maintain identification of any issues that need to be resolved. Any issues or complaints from the contractor shall be reported directly to the COR.
3.2.5 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.
3.2.6 Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:
a) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records.
b) Unauthorized use of Government property, theft, vandalism, or immoral conduct.
Removal of the Government’s property from U.S. Embassy facilities, grounds, leased spaces, or any garbage bins/skips/dumpsters for personal use without written approval from the COR and or Contracting Officer is considered theft. The Government’s property and facilities shall not be used for personal affairs or any commercial purposes other than the provision of services under this contract.
c) Unethical or improper use of official authority or credentials; security violations;
or
d) Organizing or participating in gambling of any form.
3.2.7 The Contractor’s employees are allowed to be on site during assigned working hours only.
4. PERSONNEL SECURITY
4.1 The Contractor shall provide the Government all information required for drivers with any security clearance and accreditation required to provide service under this contract.
After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take 45 days to perform. For each individual, the list shall include but not limited to:
Full Name Place and Date of Birth Current Address Identification number Biographic Data
The Government shall issue identity cards to Contractor personnel, after they are approved.
Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the U.S. government. The
Contractor is responsible for their return at the end of the contract, when an employee leaves
Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.
Security requirements and procedure for the Contractor’s employees who will work under this contract are required to comply with the following procedures:
Criminal Background Checks –
Required Documents: Police Certificate
Company Cover Letter
Name Check Form
Copy of ID Card with Signature
Fingerprint Checks –
Required Documents: Fingerprint Certificate
Company Cover Letter
Original Thai Identification Card of Passport
These background checks shall be obtained at the Royal Thai Police, Criminal Records Division
Building 7, Rama 1 Road, Pathumwan, Bangkok 10330
Police Certificate:
Website: https://criminal.police.go.th
Telephone Number: 02-205-1347
Fingerprint Certificate:
Website: https://criminal.police.go.th
Telephone Numbers: 02-205-2200, 02-205-2201
Work Permits – The Contractor shall provide copies of valid employee work permits for all non-
Thai workers to the COR.
The Contractor is responsible for obtaining and submitting official criminal background check police certificate, fingerprint check certificate and work permit documents to the COR. The
Contractor is responsible for any expenses for obtaining official criminal background check police certificate, fingerprint check certificate and work permit documents. The Contractor shall provide all required documents to the COR within 30 days after award.
5. MATERIALS AND EQUIPMENT
The Contractor shall provide materials, supplies and clothing required to perform all services as specified in this contract. Such items include but are not limited to uniforms, personal protective equipment and any other operational or administrative items required for performance of the duties and requirements of this contract. The Contractor shall maintain sufficient items and spare items for all contractor-furnished materials to ensure uninterrupted provision of services as required by the contract.
6. GOVERNMENT FURNISHED PROPERTY/EQUIPMENT
6.1 The Contractor shall provide all necessary property, equipment or items, adequate in quantity and suitable for the intended purpose, to perform all work and provide all services at no additional cost to the Government. All Government furnished property or items are provided in an "as is" condition and shall be used only in connection with performance under this contract.
The Contractor is responsible for the proper care, maintenance and use of Government property https://criminal.police.go.th/ https://criminal.police.go.th/ in its possession or control from time of receipt until properly relieved of responsibility in accordance with the terms of the contract. The Contractor shall pay all costs for repair or replacement of Government furnished property that is damaged or destroyed due to Contractor negligence.
6.2 The Contractor shall maintain written records of work performed, and report the need for major repair, replacement, and other capital rehabilitation work for Government property in its control.
6.3 The Contractor shall physically inventory all Government property in its possession.
Physical inventories consist of sighting, tagging, or marking, describing, recording, reporting and reconciling the property with written records. The Contractor shall conduct these physical inventories periodically, as directed by the COR, and at termination or completion of the contract.
6.4 The Government furnished property which will be provided under this contract are two motorized three-wheeled electric vehicles (tuk tuk).
7. INSURANCE
7.1 Amount of Insurance. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:
7.2 General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)
7.2.1 Bodily Injury stated in Thai Baht:
Per Occurrence Thai Baht 300,000.00
Cumulative Thai Baht 1,000,000.00
7.2.2 Property Damage stated in Thai Baht:
Per Occurrence Thai Baht 300,000.00
Cumulative Thai Baht 1,000,000.00
7.3 The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.
7.3.1 For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3.
7.3.2 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:
• The Contractor;
• The Contractor’s officers, agents, servants, or employees; or
• Any other person, arising out of or in connection with the Contractor’s performance of this Contract.
7.4 The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.
7.5 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.
7.6 Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.
7.7 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within thirty (30) calendar days after contract award. The
Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.
8. LAWS AND REGULATIONS
8.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. In the event of a conflict among the contract and requirements of local law, the Contractor shall promptly advise the
Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.
8.2 The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.
8.3 The Contractor agrees to comply fully with all Thai Laws, regulations and ordinances bearing on the performance of the work under this contract and shall possess the necessary licenses and operating permits required by law.
9. TRANSITION PLAN
Within ten (10) days after contract award, the Contracting Officer may request that the
Contractor develop a plan for preparing the Contractor to assume all responsibilities for shuttle services. The plan shall establish the projected period for completion of all clearances of
Contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.
10. DELIVERABLES
The following items shall be delivered under this contract:
Description Quantity Delivery To Date
4.1 List of Personnel and All Required
Documents (minimum of three names for two primary drivers and one back up driver)
1 COR 30 days after award
7. Evidence of Insurance 1 COR 30 days after award
8. Licenses and Permits 1 COR 30 days after award
9. Transition Plan 1 COR 10 days after award
11. 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 Paragraphs
Performance Threshold
Services.
Performs all shuttle services set forth in the scope of work.
1 thru 10 All required services are performed and no more than one
(1) customer complaint is received per month.
11.1 SURVEILLANCE. The COR will receive and document all complaints from
Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.
11.2 STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions - Commercial Products and Commercial
Services (NOV 2023), if any of the services exceed the standard.
11.3 PROCEDURES.
(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
(b) The COR will complete appropriate documentation to record the complaint.
(c) If the COR determines the complaint is invalid, the COR will advise the complainant.
The COR will retain the annotated copy of the written complaint for his/her files.
(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available.
The COR shall determine how much time is reasonable.
(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.
(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.
(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.
SECTION 2 - CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND
COMMERCIAL 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
(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 (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 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 (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 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 (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.
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 15 U.S.C. 637(d)(2) and (3)).
(21)
(i) 52.219-9 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 of 52.219-9.
(v) Alternate 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) (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 (E.O.11755).
52.219-28
_X_(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies
(33) [Reserved]
(34) [Reserved]
(35)
(i) 52.222-35, Equal Opportunity for Veterans ( 38 U.S.C. 4212).
(ii) Alternate I of 52.222-35.
(36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities ( 29 U.S.C. 793).
(ii) Alternate I of 52.222-36.
(37) 52.222-37 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 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 ( 5 U.S.C. 552 a).
(ii) Alternate I 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 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).
_X_(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 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 (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 2022).
(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).
(9) 52.226-6 (42 U.S.C. 1792).
(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking ( 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
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 (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 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 (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (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 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).
(xxii)
(A) 52.224-3 5 U.S.C. 552a).
(B) Alternate I 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 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.
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…
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