RFQ 19UP3026Q0006.pdf

31c. DATE SIGNED (mm-dd-yyyy)

7. FOR SOLICITATION

INFORMATION CALL:

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

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.

15. DELIVERY TO

U.S. Embassy Kyiv 4 Igor Sykorsky St.

Kyiv, 04112, Ukraine

16. ADMINISTERED BY

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

1. REQUISITION NUMBER

PR15801382

PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE (mm-dd-yyyy)

4. ORDER NUMBER 5. SOLICITATION NUMBER

19UP3026Q0006

6. SOLICITATION ISSUE

DATE (mm-dd-yyyy)

02-26-2026

a. NAME

Vyshpolska Olha, Contracting Assistant

b. TELEPHONE NUMBER (No collect calls)

+38 044 521 50 00

8. OFFER DUE DATE/

LOCAL TIME

03 -13-2026, 12:00

9. ISSUED BY

U.S. Embassy Kyiv 4 Igor Sikorsky St.

Kyiv, 04112, Ukraine

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

CODE

SEE SCHEDULE

THIS CONTRACT IS A

RATED ORDER

UNDER DPAS (15 CFR

700)

13b. RATING

14. METHOD OF SOLICITATION

10. THIS ACQUISITION IS

X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESSNAICS:

SIZE STANDARD:

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 31b. NAME OF CONTRACTING OFFICER (Type or Print)

Mark Ananka

30c. DATE SIGNED (mm-dd-yyyy) one X

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDAX ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, AS ACCEPTED AS TO ITEMS:

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1 Ukrainian and Russian Language

Instruction for the U.S. Embassy Kyiv

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

17a. CONTRACTOR/

OFFEROR

FACILITY

CODE

CODE 18a. PAYMENT WILL BE MADE BY

FMO, U.S. Embassy Kyiv 4 Igor Sykorsky St.

Kyiv, 04112, Ukraine

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

CODE CODE

TELEPHONE NO.

X ARE

ARE

8(A)

X RFQ IFB RFP

SEE ADDENDUM

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

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

(mm-dd-yyyy)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

32a. QUANTITY IN COLUMN 21 HAS BEEN

36. PAYMENT

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

STANDARD FORM 1449 (REV. 3/2005) BACK

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (mm-dd-yyyy) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

PARTIAL FINAL

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE (mm-dd-yyyy)

32d. PRINT NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE (mm-dd-yyyy)

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

FINAL COMPLETE PARTIAL

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

SF 1449 cover sheet

Continuation To SF-1449, RFQ Number 19UP3026Q0006 Prices, Block 23 & Block 20

Attachment 1 – Attendance Report Template

Attachment 2 – Instructor Code of Conduct

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 - REPRESENTATION AND CERTIFICATIONS

Representation 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 COVER PAGE,

RFQ NUMBER 19UP3026Q0006

PRICES, BLOCK 23 & BLOCK 20

1.SCOPE OF CONTRACT

The purpose of this indefinite delivery indefinite quantity contract is to procure group language instruction in Ukrainian and Russian for U.S. diplomats assigned to the U.S.

Embassy Kyiv.

The Contractor will deliver high-quality group language classes at beginner, intermediate and advanced level. Instructions will focus on developing participants’ ability to communicate in Ukrainian and Russian across professional, social and emergence contexts, thereby supporting mission objectives.

2.PRICE AND PAYMENT

2.1 CURRENCY OF OFFERS AND PAYMENT

The Offeror may submit prices in Ukrainian Hryvnias or in US dollars. In case the prices are submitted in US dollars, the payments will be performed anyway in Ukrainian Hryvnias.

For Ukrainian Vendors: An Ukrainian vendor is defined as a company which operates under the laws of Ukraine. Ukrainian vendors may submit their offers in U.S. dollars or in Ukrainian Hryvnias but will receive payment in Ukrainian Hryvnias. Prices in U.S. dollars will be converted to Ukrainian Hryvnias based on one of the following options (Offerors shall mark by X one acceptable option):

� Option A. Prices will be converted based on the U.S. disbursing officer rate of exchange, available at https://ice.cgfs.state.sbu, the exchange rate in effect the day an invoice is processed for payment by the post Financial Management Officer.

� Option B. Prices will be converted based on the National Bank of Ukraine rate of exchange USD/UAH on the date of the invoice that cannot be earlier than acceptance of services.

For Other than Ukrainian Vendors: Other than Ukrainian vendor is any vendor that does not meet the above definition of Ukrainian vendor. Other than Ukrainian vendors are eligible to be paid in U.S. dollars if their offer is submitted in U.S. dollars.

2.2 VALUE ADDED TAX

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices, if applicable.

2.3. PRICES

The Contractor shall provide Ukrainian and Russian language classes at a firm fixed price per one (1) session of sixty (60) minutes’ duration, as specified in the table below:

2.3.1 BASE YEAR

DESCRIPTION OF SERVICES QTY UNIT PRICE TOTAL COST

Ukrainian and Russian group language classes (60-minute session)

300 session

Defense Base Act Insurance (if applicable)

Value Added Tax ___% (if applicable)

Total

2.3.2 OPTION YEAR ONE

Ukrainian and Russian group language classes (60-minute session)

2.3.3 OPTION YEAR TWO

Group language instruction (60-minute session)

2.3.4 TOTAL CONTRACT PRICE

CONTRACT YEAR COST

BASE YEAR

OPTION YEAR ONE

OPTION YEAR TWO

GRAND TOTAL

CURRENCY QUOTED: ____________________

2.4 PAYMENT INSTRUCTIONS

The Contractor shall not submit an invoice for payment until all requirements identified in this contract have been completed and delivery to the COR is complete.

The contractor shall submit invoices in PDF format to COR and Financial Management Office (FMO) to the email address: KyivInvoices@state.gov. In the subject line of the email as well as in each invoice it is required to indicate a request number (PRXXXXXX). Each invoice shall include all the items required by FAR 32.905(e) and the following banking information: bank name, address, account number, IBAN code, and SWIFT code.

2.5 VAT PAYMENT INSTRUCTIONS FOR UKRAINIAN VENDORS

The U.S. Embassy in Ukraine is a non-taxpayer with special (diplomatic) status. Tax invoices shall be issued with VAT, shall not be provided to the recipient, and shall indicate reason type – 12.

In the “Recipient (Buyer)” field of the tax invoice, the following information shall be indicated:

Name: U.S. Embassy in Ukraine

Tax ID: 200000000000

Taxpayer registration number: 24249491

Attribute code (code 5): 3

Failure to comply with these requirements may require corrections and may result in penalties under applicable tax laws.

3. PERFORMANCE WORK STATEMENT

3.1. The Contractor shall provide Ukrainian and Russian language instruction to U.S. diplomats assigned to the U.S. Embassy in Kyiv.

3.2 The Contractor shall provide Ukrainian and Russian language instruction at the U.S.

Embassy Kyiv compound, located at 4 Ihor Sikorsky Street, Kyiv, Ukraine.

3.3 The contractor shall:

a. provide group language instruction at three proficiency levels: beginner, intermediate, and advanced.

b. conduct classes 2 times per week, with each session lasting 60 minutes.

c. schedule classes between Monday and Friday, from 8:00 a.m. to 6:00 p.m., classes will not be offered on official U.S. Embassy Kyiv holidays.

d. limit group size to a maximum of six (6) participants per class.

3.4 The goal of training is to develop and deliver a comprehensive curriculum emphasizing speaking, listening, reading, and writing skills relevant to diplomatic and daily life contexts and to incorporate job-related terminology and scenarios, including management, consular, public affairs, political, economic, and cultural topics, as well as language used in mass media.

4. PERIOD OF PERFORMANCE

The base period of performance is twelve (12) months, commencing on April 1, 2026, with up to two (2) one-year option periods, contingent upon satisfactory performance and continued need.

5. CONTRACTOR FURNISHED PROPERTY

5.1 The Contractor shall provide all instructional materials including texts, class exercises, handouts, tests, and audio-visual media.

5.2 The Contractor shall provide other required classroom materials such as newspapers, magazines, dictionaries, or photocopied materials, written in the designated language for use by students in exercises or testing.

6. CONTRACTOR RESPONSIBILITIES

6.1 STUDENT FEEDBACK, ATTENDANCE REPORTING, AND PROGRESS

DOCUMENTATION

6.1.1 The Contractor shall collect and analyze participant feedback following the completion of each course cycle.

6.1.2 The Contractor shall provide monthly attendance reports in the format specified in Attachment 1 no later than the 5th day of each month, submitted together with the monthly invoice.

6.1.3 The Contractor shall document each student’s progress on a monthly basis and shall prepare individual training recommendations for each student. Such recommendations shall include specific plans for remedial or supplementary instruction, including the use of supportive training materials, tutoring, or personalized training techniques, as necessary to improve student performance.

6.1.4. The Contractor shall be responsible for student testing, including the administration of:

a. initial placement tests prior to the commencement of instruction;

b. periodic progress assessments to evaluate students’ knowledge and proficiency;

c. identify areas of weakness where supplemental training may be needed; and measure the students’ current level of language proficiency;

d. final evaluation upon completion of the course.

6.2 INSTRUCTORS’ QUALIFICATIONS

The Contractor shall provide qualified instructors who:

a. native speakers of Ukrainian and Russian;

b. hold a university degree in language instruction, linguistics, or a related field;

c. have a minimum of three (3) years of experience teaching adult learners;

d. are capable of answering in-depth questions on all topics to be covered;

e. successfully pass a background check and obtain the required security clearance prior to commencing work.

6.3 INSTRUCTOR STAFFING REQUIREMENTS

The Contractor shall have a total of at least fifteen (15) qualified language instructors available to support the program.

6.4 INSTRUCTOR CODE OF CONDUCT

The Contractor shall ensure that all language instructors receive, acknowledge, and adhere to the Instructor Code of Conduct provided in Attachment 2 prior to commencing work under this Contract.

The Contractor shall be responsible for ensuring ongoing compliance with the Instructor Code of Conduct throughout the period of performance.

6.5 CURRICULUM AND INSTRUCTIONAL MATERIALS

The Contractor shall submit a curriculum for each proficiency level for all courses provided under this Contract.

6.6 CANCELLATION POLICY

6.6.1 The Contracting Officer’s Representative (COR) shall provide the language instructor and the school with at least 24 hours’ advance notice for any cancellation of a scheduled language lesson; otherwise, the Government shall be responsible for payment for the cancelled lesson.

6.6.2 The Contractor shall provide the COR with at least 24 hours’ advance notice of any cancellation of a scheduled lesson; otherwise, the Government shall not be responsible for payment for the cancelled lesson.

7. GOVERNMENT-FURNISHED PROPERTY AND INFORMATION

The Government will furnish classrooms for instructional use, including tables, chairs, a writing board, and markers. No other Government-furnished property or information will be provided.

8. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.

The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Para Performance Threshold

Services.

Performs all services set forth in the scope of work.

1. thru 7.

All required services are performed and no more than one

(1) customer complaint is received per month.

8.1. 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.

8.2. 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 Items), if any of the services exceed the standard.

8.3 PROCEDURES

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact 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.

ATTACHMENT 1: ATTENDANCE REPORT

Agency Section Instructor

NAME

Student/Group Contact details Language Comment

ATTACHMENT 2: U.S. EMBASSY KYIV POST LANGUAGE PROGRAM INSTRUCTOR

CODE OF CONDUCT

U.S. Embassy Kyiv requests that effective immediately, all language instructors who teach Ukrainian and/or Russian language lessons to U.S. Embassy personnel are made aware of the following expectations and policies:

I. Department of State Language Lessons

a. U.S. Government regulations dictate that the purpose of the Department of State Post Language Program is to provide U.S. Officers with the Ukrainian and Russian language skills needed to effectively perform their job.

b. Language lesson topics should focus on day-to-day and work related and professional topics.

II. Language Instructors Code of Conduct

a. Language instructors should generally avoid contentious political issues unless brought up in a structured way through course instruction. Disparaging remarks about Ukraine are not tolerated.

b. Students and instructors often develop a strong working relationship over the course of language lessons. The Department of State wants instructors and students to feel comfortable and be in an environment conducive to learning a foreign language.

c. However, there are also limits. Language instructors are expected to act professionally at all times: while in class, at the Embassy, and outside of language classes with their students.

i. Language instructors should not flirt with their students in class or speak to their students in an overly informal and/or intimate manner.

ii. Language instructors should not socially hang out with or date their students outside of language classes. If a language instructor forms a relationship with a student, whether as a friend or romantic relationship, it is the instructor’s responsibility to immediately request that the student be switched with another student so that the student has a different language instructor to avoid any impropriety. If this policy is not followed, the Embassy will take appropriate actions, including requesting that the language instructor no longer teach classes to Embassy personnel.

d. Language instructors should dress appropriately during language classes.

e. Language instructors should not be using their cell phones and social media apps while teaching

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449,

BLOCK 27A)

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. Also, the full text of a clause may be accessed electronically at:

http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/vffara.htm.

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov 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.

FAR 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).

X (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.

X (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__(17) [Reserved] __(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__(ii) Alternate I (Mar 2020) of 52.219-6.

__(19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__(ii) Alternate I (Mar 2020) of 52.219-7.

__(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__(21)

(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__(ii) Alternate I (Nov 2016) of 52.219-9.

__(iii) Alternate II (Nov 2016) of 52.219-9.

__(iv) Alternate III (Jun 2020) of 52.219-9.

__(v) Alternate IV (Sep 2023) of 52.219-9.

__(22)

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

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

__(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__(26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

__(ii) Alternate I (Mar 2020) of 52.219-28.

__(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

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

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

__ (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 (May 2022) (Executive Order 12989).

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

__(41)

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

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

__(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__(44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__(45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

X (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).

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

(ix) [Reserved]

(x) [Reserved]

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

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

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

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

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

(xvi)

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

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

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

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

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

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

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

(xxii)

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

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

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

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

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

(xxvi) 52.240-1, 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)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE

INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.204-9 PERSONAL INDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

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)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES

(JAN 2025)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION

OF CONTRACT (FEB 2000)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

(JUL 2014)

52.228-4 WORKER’S COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APRIL 1984)

52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2024)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders.

(b) All delivery orders or tsk orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when –

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either –

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 100 sessions. The Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor orders for services covered by this contract in excess of 500 sessions per contract year.

(c) If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within than 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year beyond the contract’s effective period.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

THE FOLLOWING DOSAR CLAUSES ARE PROVIDE IN FULL TEXT:

CONTRACTOR IDENTIFICATION (JUL 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.

652.216-70 ORDERING - INDEFINITE-DELIVERY CONTRACT (APR 2004)

The Government shall use one of the following forms to issue orders under this contract:

(a) The Optional Form 347, Order for Supplies or Services, and Optional Form 348, Order for Supplies or Services Schedule - Continuation; or,

(b) The DS-2076, Purchase Order, Receiving Report and Voucher, and DS-2077, Continuation Sheet.

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 PDF format to COR and Financial Management Office (FMO) to the email address: KyivInvoices@state.gov. In the subject line of the email as well as in each invoice it is required to indicate a request number (PRXXXXXX). Each invoice shall include all the items required by FAR 32.905(e) and the following banking information: bank name, its address, account number, IBAN code, and a SWIFT code.

The contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

(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:

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE

(FEB 2015)

(a) The Department of State observes the following days as holidays:

New Year’s Day Martin Luther King’s Birthday Washington’s Birthday Juneteenth Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

2026 HOLIDAY LIST

Date Day Country Holiday

January 1

Thu

Ukraine/U.S. New Year’s Day

January 19 Mon U.S. Martin Luther King Jr. Day

February 16 Mon U.S. Presidents' Day

March 9* Mon Ukraine International Women’s Day (observed)

April 6* Mon U.S. Easter (observed)

April 13* Mon Ukraine Easter (observed)

May 1 Fri Ukraine International Labor Day

May 8 Fri Ukraine Day of Remembrance and Victory over Nazism in World War II

May 25 Mon U.S. Memorial Day

June 1 Mon Ukraine Juneteenth Holy Trinity Day (observed)

June 19 Fri U.S. Juneteenth

June 29 Mon Ukraine Constitution Day (observed)

July 6 Mon U.S. Independence Day (observed)

July 15 Wed Ukraine Day of Ukrainian Statehood

August 24 Mon Ukraine Independence Day

September 7 Mon U.S. Labor Day

October 1 Thu Ukraine Ukrainian Defenders Day

October 12 Mon U.S. Columbus Day

November 11 Wed U.S. Veterans Day

November 26 Thu U.S. Thanksgiving Day

December 25 Fri Ukraine/U.S. Christmas Day

(b) When New Year’s Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the following Monday is observed; if it falls on Saturday the preceding Friday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract.