72061223R00001- Book Printing and delivery Final RFP Signed.pdf

72061223R00001 1 | Page

Date Issued: February 13, 2023

Deadline for receiving questions: February 28, 2023, at 15:00 hours Malawi Time

Closing Date and time: March 16, 2023, at 15:00 hours Malawi Time

Subject: RFP Number 72061223R00001

Printing, Binding and Distribution of English and

Chichewa Learning Materials for Malawi Primary

School

Dear Offerors:

The United States Agency for International Development (USAID) Mission in Malawi

(USAID/Malawi) is soliciting proposals from qualified printing firms to print, bind and distribute standard 5 – 6 Chichewa and English Learner’s Books (LBs) and Teacher’s

Guides (TGs) and Standards 7-8 Chichewa and English Learner’s Books (LBs) and

Teacher’s Guides (TGs) under USAID funding as described in this solicitation.

This procurement is being conducted through a full and open competition for which the procedures set forth in Federal Acquisition Regulations (FAR) Part 15 apply.

Offerors are encouraged to read the entire solicitation, which includes all pertinent technical sections and the terms, conditions and instructions required for submitting a proposal. Offerors must comply with FAR clause 52.204-7, System for Award Management, and adhere to the requirements set forth in Section K – Representations, Certifications and Other Statements of

Offerors.

If your organization decides to submit a proposal in response to this solicitation, it must be submitted in accordance with the instructions of the solicitation. Proposals received after the closing date and time will not be considered eligible for evaluation or award, unless there is acceptable evidence to establish that the proposal was received by USAID prior to the time and date specified in the solicitation.

Proposals received in response to this solicitation must be valid for 90 days.

Amendments to this solicitation will be made available through the U.S. Government homepage at www.sam.gov. It is the Offeror’s responsibility to check this website periodically for official updates and amendments to the solicitation. This solicitation in no way obligates USAID to award a contract, nor does it commit USAID to pay any costs incurred in the preparation and submission http://www.sam.gov/

72061223R00001 2 | Page of a proposal in response hereto. Furthermore, the Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the U.S. Government.

Please submit all questions about this RFP no later than the deadline above to OAA-MALAWI-

SOLICIT@usaid.gov copying dglisan@usaid.gov , mjimu@usaid.gov and smbeya@usaid.gov and include the RFP number in the email subject line. Oral instructions, answers or guidance from any USAID source prior to the award of the contract shall not be binding.

Sincerely, Dion Glisan

Contracting Officer

Attachment: RFP 72061223R00001 mailto:OAA-MALAWI-SOLICIT@usaid.gov mailto:OAA-MALAWI-SOLICIT@usaid.gov mailto:dglisan@usaid.gov mailto:mjimu@usaid.gov mailto:smbeya@usaid.gov

72061223R00001 4 | Page

TABLE OF CONTENTS

SECTION A – SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 3

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS: 5

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK: 8

SECTION D – PACKAGING AND MARKING: 11

SECTION E – INSPECTION AND ACCEPTANCE: 12

SECTION F – DELIVERIES OR PERFORMANCE: 15

SECTION G – CONTRACT ADMINISTRATION DATA: 16

SECTION H – SPECIAL CONTRACT REQUIREMENTS: 17

SECTION I – CONTRACT CLAUSES: 19

SECTION J – LIST OF ATTACHMENTS: 32

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS: 33

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS: 56

SECTION M – EVALUATION FACTORS FOR AWARD: 64

72061223R00001 5 | Page

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS:

B.1 PURPOSE

The purpose of this contract is to print, bind, and distribute Standards 5- 6 Chichewa and English

Learner’s Books (LBs) and Teacher’s Guides (TGs) as a base contract and Standards 7- 8

Chichewa and English Learner’s Books (LBs) and Teacher’s Guides (TGs) as optional contract.

The detailed requirements are described in Section C. Statement of Work. Printed and bound books must be delivered to delivery points provided in Attachment J. 2.- List of Delivery Destinations.

B.2 CONTRACT TYPE

This is a Firm Fixed Price (FFP) contract consistent with Federal Acquisition Regulations 16.202.

For the consideration set forth in this Section B. The Contractor must deliver the items as described in Section C and the Deliverables as described in Section F.

B.3 CONTRACT PRICE

The total price for the performance of the work required hereunder and delivery of the deliverables is US Dollars [to be completed upon contract award]. The total contract price will not exceed the

US dollar amount.

Contract Requirement:

A. Base Contract

Description Quantity Number of Pages Unit Price Amount

A. Learners Books

Std. 5 Chichewa ( 184 pages) 738,100 135,810,400

Std. 5 English ( 136 pages) 738,100 100,381,600

Std. 6 Chichewa ( 212 pages) 581,300 123,235,600

Std. 6 English ( 168 pages) 581,300 97,658,400

Learners’ Books Covers 2,638,800 2,638,800

Subtotal ($)

B. Teacher's Guide

Std 5. Chichewa TG (260 pages) 12,000 3,120,000

Std 5. English TG ( 396 pages) 12,000 4,752,000

Std 6. Chichewa TG ( 276 pages) 12,000 3,312,000

72061223R00001 6 | Page

Std 6. English TG ( 424 pages) 12,000 5,080,000

Teacher’s Guide Covers 48,000 48,000

Subtotal

Distribution 2,686,800

Total Base Contract ($)

B. Option Contract

Description Quantity Pages Unit Price Amount

A. Learners Books

Std. 7 Chichewa ( 180-200 pages range) 498,700 99,740,00

Std. 7 English ( 180-200 pages range) 498,700 99,740,000

Std. 8 Chichewa ( 180-200 range pages) 376,800 75,360,000

Std. 8 English ( 180-200 pages range) 376,800 75,360,000

Learners’ Books Covers 1,751,000 1,751,000

B. Teacher's Guide

Std 7. Chichewa TG ( 300-400 pages range) 9400 3,760,000

Std 7. English TG (300-400 range pages) 9400 3,700,000

Std 8. Chichewa TG (300-400 range pages) 8200 3,280,000

Std 8. English TG ( 300-400 range pages) 8200 3,280,000

Teacher's Guides Covers 35,200 35,200

Distribution 1,786,200

Total Option Contract ($)

Total Contract ($)

72061223R00001 7 | Page

B.4 PAYMENT

(a) The paying office is USAID/Malawi as indicated in Section G.

(b) Payment Schedule Milestones:

Item Milestone Description Amount Released

1 Proof of ordering the paper of required type and quantity within a specified time frame with USAID as the Consignee.

20% of contract amount

2 CO approval of first printing runs. Proof of Notice to Proceed issued.

20% of contract amount

3 Delivered books per supporting delivery / receipt notes given to USAID.

60% of price of delivered and accepted items.

(c) Item 3 payment will be made only for deliverables accepted by the Government that have been delivered to the delivery destinations set forth Attachment J. 2 – List of Delivery Destinations.

(d) To support the request for payment, the Contractor must submit, as a proof of delivery, the original delivery notes accepted (via signature) by the receiving official.

[END OF SECTION B]

72061223R00001 8 | Page

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK:

C.1. Background

The printing, binding, and distribution of standards 5 - 8 Chichewa and English Learner’s books is a USAID/Malawi initiative that aligns with the Government of Malawi’s National Education

Sector Investment Plan (NESIP), policies, strategies, guiding principles, implementation arrangements, and priorities in the next 10 years. The activity supports the Ministry of Education’s

(MoE) National Reading Program (NRP) which in the short to medium term aims to achieve the pupil/textbook ratio of 1:1 for Chichewa and English. USAID/Malawi has previously supported the National Reading Program by providing each Standard 1-4 learner with a Chichewa and

English textbook. This activity will print Standards 5 – 6 Chichewa and English learner books and teacher guides as a base contract and Standards 7-8 Chichewa and English learner books and teacher guides as optional quantities. The materials will be distributed to all public schools after the ongoing curriculum revision under USAID’s UPREAD activity is complete.

C.2. Purpose

The purpose of this activity is to print, bind, and distribute 2,638,800 Standards 5-6 English and

Chichewa learner’s books and 48,000 teachers’ guides to 5,604 public primary schools across the country. The 5-6 Learners' Books will be printed based on the projected 2023 enrolment rate, across Standards.

In the case of an option contract being awarded, 7-8 Learners’ Books quantities will be based on the projected 2024 enrolment in the Education Management Information System (EMIS).

C.3 Specification and Description of Goods:

The Contractor must print, bind, and distribute 2,638,800 Standards 5 - 6 Chichewa and English

LBs and 48,000 TGs to 5,604 public primary schools as a base contract. The Contractor must print the first article and all LBs and TGs to the specifications below:

C.3.1 Body Text and Cover Specifications

Body Text Cover

Paper type Wood free uncoated bond paper Cover card paper

Finish

Wood free uncoated bond paper

One side coated; UV coated gloss finish

Size A5 (Learner’s Book)

A4 (Teacher’s Guide)

A5 (Learner’s Book)

A4 (Teacher’s Guide)

Min weight

(gsm)

80 gsm

250 gsm paper stock

Paper color white white

Printing colors Text: black and white 4/0 color (4 colors on front, blank on back)

72061223R00001 9 | Page

Body Text Cover

Illustrations: 4/4 cyan, magenta, yellow, and key (black). (CMYK)

Grain Parallel to spine Parallel to spine

Min brightness 85% (ISO 2470 D65) -

Min opacity 90% (ISO 2471) -

Min whiteness 100% (ISO 11476) -

Bulk 1.35 cm³/g -

Margins Top margin 20 mm, bottom margin 25 mm, side margin 12 mm

Sustainability of paper

FSC or PEFC certified and acid/chlorine free to ensure environmental responsibility

FSC or PEFC certified and acid/chlorine free to ensure environmental responsibility

C.3.2 Binding specifications

The contractor must use Perfect Binding with Polyurethane Reactive (PUR) binding for the

Learners’ Books (LBs). PUR Binding is a form of perfect binding, where the pages and cover are glued together at the spine and the other three sides of the book are trimmed as needed to give them clean “perfect” edges. PUR binding is the preferred type of binding for LBs to give a longer lifespan. For Teacher’s Guides (TGs) the binding specification should be thread sewn and PUR binding because there are over 300 pages in each book.

C.3.3 Compliance with Paper Specifications

The Contractor must obtain the Contracting Officer’s Representative’s (COR) approval on the quality of paper by presenting a paper stock certification from the paper manufacturer. The paper has to be compliant with the specification in section C.3.1 Body Text and Cover Specifications

C.3.4 Quantities

For Standard 5-6 Chichewa and English LBs the required base quantity is 2,686,800 For the

Standard 5-6 Chichewa and Chichewa TGs, the required base quantity is 48,000. The details are presented in section B.3 subsection Contract Requirements.

C.3.5 Receiving, Inspection and Proof of Delivery

All book deliveries shall be acknowledged and signed on approved Delivery Notes (DNs) which must be verified by a receipt in five copies using a carbon paper. All five copies ( Original & 4 duplicates) must be signed by the Distributor, the recipient/School Head, at least one teacher and at least one member of the School Management Committee (SMC).

One receipt copy will be retained by the school, one copy by the Contractor, one copy by District

Education Managers (DEMs) district, one copy by MOE (Supplies Unit) and one copy to USAID.

The Contractor must ensure that copies are distributed accordingly. The district shall use their DNs to verify the number of books distributed. During school breaks or holidays, the Contractor must

72061223R00001 10 | Page contact the schools in advance for purposes of receiving the books. No books shall be dropped at the Zone or another school for pick up.

USAID COR will verify the Delivery Information through a sample of schools DNs and randomly monitoring visits.

C.3.7 Notice to Proceed:

USAID will provide the Contractor with print ready copies (PRCs) of the books immediately after contract signing or within the timeline agreed with the Contractor. Prior to mass printing of the books, the Contractor must submit the final proofs for printing to USAID/Malawi within 14 calendar days through the Contracting Officer’s Representative (COR) for review and approval.

The COR will provide written approval from the Contracting Officer (CO) of the artwork to the

Contractor in the form of a Notice to Proceed (NTP) within 7 calendar days, if proofs are accepted. If proofs are not accepted, there will be discussions and finalization with Contractor and

USAID within 14 calendar days. It is the Contractors’ responsibility to confirm possession of

Contracting Officer’s written approval of the proofs before proceeding with mass printing of the books.

C.3.8 Quality Assurance Plan:

The Contractor is responsible for consistency of printing and binding quality as per standards specified in this contract section C.3.1 Body Text and Cover Specifications.

Particular care must be taken to ensure that the work quality registered is accurate and that the quality of the printing is consistent throughout the run.

In order to ensure the highest possible quality standards, the Contractor must put into effect a plan that addresses Quality Assurance issues and procedures that demonstrate the Contractor’s planning and control schemes to detect and correct issues to ensure a high-quality product. The Contractor must print, bind and distribute the ordered number of Learners’ Books and Teacher Guides according to the contract requirements and lot. At each key stage (printing, binding, warehousing, palletizing, and delivering), the Contractor must document how they are going to ensure quality by defining the checks and controls to be applied at each stage.

[END OF SECTION C]

72061223R00001 11 | Page

SECTION D – PACKAGING AND MARKING:

D.1 PACKING:

(a) Books must be packed in properly labeled wall cardboard boxes and must be well secured to ensure safe and timely delivery of books and stock management cards to each of the USAID indicated delivery points.

(b) Printed books must be neatly packaged in boxes of 50 up to the amount that is divisible by 50 per school or other delivery site and an additional box if needed to arrive at total quantity per school or other delivery site. The box with additional books must be packed securely to avoid book damage prior to delivery at the individual School site. Books must be organized into bundles by school and bundles must be bound with tamper-proof safety wrappers. Quantity labels, district name, zone name and school name must be printed on labels affixed to every box in the bundle and each box must be numbered (1/5, 2/5, for example). Safe delivery of the books to the final destination, per the distribution schedule and packing list with distribution times specified in days, is the sole responsibility of the Contractor. The Contractor must include a draft distribution schedule by school and by day for the COR’s approval.

D.2 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities, shipping containers, and project construction sites as well as other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the Contracting Officer’s

Representative (COR), or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

[END OF SECTION D]

72061223R00001 12 | Page

SECTION E – INSPECTION AND ACCEPTANCE:

The Contractor must only tender for acceptance of those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government will require replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the

Government will seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(a) USAID/Malawi inspection and acceptance of the goods will be done by the Contracting

Officer’s Representative (COR). The proofs will be accepted within 14 days of the printer receiving the Camera-Ready Copy (CRC).

(b) The COR may conduct random inspections at the Contractor’s location or warehouse as coordinated with the Contractor at any point during the printing and packaging process, warehousing, and/or distribution for the entire period of performance.

(c) All vehicles will be inspected by the COR for fit-for-purpose, provisions for sealing until initial delivery point, licensing and certification of fitness.

(d) Following the completion of the distribution, USAID will conduct a distribution verification exercise. Any discrepancies, shortages, and or/faults must be satisfactorily corrected and satisfactorily documented prior to release of final payment.

(e) All book deliveries will be accompanied by approved Delivery Notes ( DNs) in five copies using carbon paper. All five copies ( Original & 4 duplicate) must be signed by the Distributor, the School Head, at least one teacher and at least one member of the School Management

Committee (SMC). During school breaks or holidays the Contractor must contact the schools in advance for purposes of receiving and verifying the books delivery. One receipt copy will be retained by the school, one copy by the Contractor, one copy by district, one copy by MOE and one copy by USAID. The Contractor is responsible for ensuring that copies are distributed accordingly. Final payment will require submission of receipts to USAID for every school, sorted by schools and collated by zone and district. The list of delivery destinations is provided in attachment J2.

52.209-4 -- FIRST ARTICLE APPROVAL -- GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver 20 books of the first printing run for Government receipt within

14 calendar days from the date that USAID provides the camera-ready copy of the book to the

Contractor. The books must be sent to the following address:

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6789e37bdb66e9aad683d03aaccf3634&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=692deb97dc8f5f4fa8824bb948110fa8&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6789e37bdb66e9aad683d03aaccf3634&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=692deb97dc8f5f4fa8824bb948110fa8&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd211cad6558384f7c9d63c2e89f50c9&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6789e37bdb66e9aad683d03aaccf3634&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=692deb97dc8f5f4fa8824bb948110fa8&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd211cad6558384f7c9d63c2e89f50c9&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=bd211cad6558384f7c9d63c2e89f50c9&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.212-4

72061223R00001 13 | Page

USAID/Malawi

Office of Education

NICO House, City Centre

P O Box 30455

Lilongwe, Malawi

Attention: Contracting Officer’s representative (COR)

The shipping documentation shall contain this contract number and the printing run lot identification. The characteristics that the first article must meet as well as the testing requirements are specified in Section C of this contract.

(b) Within seven calendar days after the Government receives the first article, the Contracting

Officer’s representative (COR) shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government.

The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the COR disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the

Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the

Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

72061223R00001 14 | Page

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the

Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) Progress payments, or

(2) Termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the

Contractor and have been accepted by the Government. The Contractor may request a waiver.

(End of Clause)

[END OF SECTION E]

72061223R00001 15 | Page

SECTION F – DELIVERIES OR PERFORMANCE:

F.1 PERFORMANCE PERIOD, WORK PROCESSING AND DISTRIBUTION

TIMELINE

The period of performance for the base contract is for 12 months (1 year) effective from the date of Contracting Officer signature on the cover page.

Base Contract Printing of the Standards 5 – 6 Chichewa and English Learners’ Books and

Teachers’ Guides must be completed and delivered within the required timeframe as specified below.

No Item Due USAID Verification

1 Final Quality

Assurance Plan

14 calendar days from date of contract award

USAID inspection and acceptance within 14 calendar days after receipt.

2 Final Distribution

Plan

14 calendar days from date of contract award

USAID will review and provide approval within 14 calendar days after receipt

3 Proof of ordering

(Purchase Order) the required paper type and quantities

14 calendar days from contract award

USAID will review and provide approval within 14 calendar days

4 Books from first print run

21 calendar days from contract award or upon the receipt of the

PRCs

USAID will inspect and provide approval within 21calendar days

5 Completion of books delivery

____ months from contract award[to be inserted prior to award; XXXXXX months depending on the actual time proposed by the Offeror in its proposal]

USAID will approve upon receipt of all

Delivery Notes (DNs) and Report from

Monitoring and verification visits, IP s data, CSO commodity tracking activities. This will be for a maximum of one month after receipt of DNs

Note: The requirements above will apply to the contract.

F.2 Place of Performance

The Contractor must carry out work processing, printing, binding, and packaging of the required number of Learners Book’s and Teachers Guide’s to be distributed in Malawi; the Contractor must arrange for printing, binding, warehousing, and distribution to the 5,604 primary schools in

Malawi.

F.3 Distribution Points Coordinating Official

Distribution must be made to all 5,604 public primary schools in Malawi per the book distribution list provided in Attachment J.2 – List of Delivery Destinations.

[END OF SECTION F]

72061223R00001 16 | Page

SECTION G – CONTRACT ADMINISTRATION DATA:

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The Contract Administration Office responsible for post-award administration of this contract

(except to the extent that authority for post-award administration has been delegated to the COR pursuant to section G.2 is:

Office of Acquisition & Assistance

NICO House, P O Box 30455

Lilongwe 3, Malawi

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative (COR) is designated through a separate designation letter. The COR is based at the address below:

USAID/Malawi, Education Office

NICO House, P.O. Box 30455

G.3 PAYING OFFICE

The paying office for this contract is:

Office of Financial Management

NICO House, P O Box 30455

Vouchers supported by original delivery notes must be submitted electronically via e-mail at lilongwevoucher@usaid.gov with a copy to the COR.

G.4 ACCOUNTING AND APPROPRIATION DATA

[To be completed at the time of award]

[END OF SECTION G]

mailto:lilongwevoucher@usaid.gov

72061223R00001 17 | Page

SECTION H – SPECIAL CONTRACT REQUIREMENTS:

H.1 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002)

The contractor/Recipient is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the responsibility of the contractor/recipient to ensure compliance with these Executive Orders and laws. This provision must be included in all subcontracts/subawards issued under this contract/agreement.

A list of these names can be found at the web site of the Office of Foreign Assets Control (OFAC) within the Department of Treasury. That web site is http://treasury.gov/ofac

H.2 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and services under this contract is 935.

Code 935 covers any area or country including the recipient country but excluding any country that is a prohibited source for the procurement of goods and services.

H.3 COMPLIANCE CHECK

During the performance under this Contract, a USAID contracted inspection firm shall inspect the

Contractor’s compliance with the contract scope of works, terms and conditions. If books are found not to meet the required specifications and quality, they must be reprinted in time to still meet the originally specified delivery date. In addition, the quality of the agreed upon binding will be inspected and any imperfections will not be tolerated.

H.4 LOGISTIC SUPPORT

The contractor is responsible for furnishing all logistic support deemed necessary for the performance under this contract.

H.5 VALUE ADDED TAX CUSTOMS DUTIES

USAID has bilateral agreements with the Government of Malawi (GoM) that state that USAID assistance funds are generally exempt from taxation, including VAT levied on the last transaction by which goods or services were purchased for use in activities financed by USAID. During discussions between USAID and GoM, we have agreed that partners must submit requests for reimbursement to the Malawi Revenue Authority (MRA) on a quarterly basis. Upon award, during the post award meeting and subsequent meetings regarding VAT the process will be explained in more detail to the partner.

H.6. 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES

(JULY 2014)

(a) Applicability. This provision applies to:

http://treasury.gov/ofac

72061223R00001 18 | Page

(i) Contracts that have been awarded to those local entities under the authority of and as defined in Section 7077 of Public Law 112-74, the Consolidated Appropriations Act, 2012 (P.L. 112-74), as amended by Section 7028 of Public Law 113-76, the Consolidated Appropriations Act, 2014, also known as "Local Competition Authority"; and

(ii) Contracts awarded to local entities (as defined in Section 7077 of Public Law 112-74) under the authority at AIDAR 706.302-70 Impairment of foreign aid programs.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract for—

(1) Services (except construction), at least fifty (50) percent of the cost of contract performance incurred for personnel must be expended for employees of the prime/local entity.

(2) Supplies (other than procurement from a non-manufacturer of such supplies), the prime/ local entity concern must perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction, the prime/ local entity concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(c) By submission of an offer and execution of a contract, the Offeror/Contractor represents that it is an individual, a corporation, a nonprofit organization, or another body of persons that:

(1) Is legally organized under the laws of;

(2) Has as its principal place of business or operations in;

(3) Is majority owned by individuals who are citizens or lawful permanent residents of; and

(4) Is managed by a governing body the majority of who are citizens or lawful permanent residents of the country in which this contract will be primarily performed.

(d) For purposes of this clause, “majority owned” and “managed by” include, without limitation, beneficiary interests and the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the organization's managers or a majority of the organization's governing body by any means.

(END OF PROVISION)

[END OF SECTION H]

72061223R00001 19 | Page

SECTION I – CONTRACT CLAUSES:

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

1. Federal Acquisition Regulations (FAR):

https://acquisition.gov/far/current/html/52_248_253.html

2. Agency for International Development Acquisition Regulations (AIDAR):

http://www.usaid.gov/ads/policy/300/aidar

Clause Number Title

FAR Clauses

52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014)

FAR 52.202-1 USAID DEFINITIONS CLAUSE – SUPPLEMENT FOR USAID

CONTRACTS

(Alternate 70) INVOLVING PERFORMANCE OVERSEAS (DEC 1986)

I.2. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMERCIAL SERVICES (DEC 2022).

(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 and Other Covered Entities (NOV 2021)

(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).

https://acquisition.gov/far/current/html/52_248_253.html http://www.usaid.gov/ads/policy/300/aidar javascript:void(0) javascript:void(0)

72061223R00001 20 | Page

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (Contracting Officer check as appropriate.)

[ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[ X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41

U.S.C. 3509).

[X ] (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X ] (8) 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).

[X ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

72061223R00001 21 | Page

[ ] (12) 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).

[ ] (13) (Reserved)

[ ] (14)(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.

[ ] (15)(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.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C.

637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 2021) of 52.219-9.

[ ] (18)(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.

[ ] (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(OCT 2022) (15 U.S.C. 657f).

[ ] (22)(i) 52.219-28, Post-Award Small Business Program Representation (OCT 2022)

(15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

72061223R00001 22 | Page

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (OCT 2022) (15

U.S.C. 637(m)).

[ ] (24) 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)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020)

(15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[ ] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC

2022) (E.O. 13126).

[X ] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X ] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

[ ] (32)(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.

[ ] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

[ X] (35)(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).

[ ] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

72061223R00001 23 | Page

[ ] (37)(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.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

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

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

[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42

U.S.C. 8259b).

[ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(OCT 2015) (E.O.s 13423 and 13514).

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

[X ] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (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 (DEC

2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

72061223R00001 24 | Page note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved]

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

[ ] (iv) Alternate III (JAN 2021) of 52.225-3.

[ ] (v) Alternate IV (OCT 2022) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42

U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[ ] (56) 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).

[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X ] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT 2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award

Management (JUL 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

72061223R00001 25 | Page

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

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

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

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

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

[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(MAY 2014) (41 U.S.C. chapter 67).

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

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

14026 (JAN 2022).

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

13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) (42 U.S.C. 1792).

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

- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

72061223R00001 26 | Page

(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) 52.203-19, 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)

(Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.