Amendment A00003 951700-26-R-00001 W Ext.pdf
PDF 1 MB Posted
- Solicitation number
- 951700-26-R-0001
- Issued by
-
US Agency for Global Media
About this file
This is an Amendment of Solicitation and Request for Proposals (RFP) for dismantling and disposal of satellite dishes at the USAGM Kuwait Transmitting Station, issued by the United States Agency for Global Media. The solicitation number is 951700-26-R-0001, originally issued January 21, 2026, with a revised proposal due date of February 27, 2026 at 12:00 PM EST. The amendment extends the submission deadline, provides responses to previously submitted questions, updates satellite dish details, and removes the Performance and Payment Bonds-Construction clause (FAR 52.228-15) from requirements. Proposals must be submitted via email as two separate attachments (Technical Proposal and Price Proposal) to Mary Kerner (mkerner@usagm.gov) and David Wallace (dwallace@usagm.gov), with total attachment size not exceeding 23MB. A mandatory site visit is scheduled for Tuesday, February 17, 2026 at 10:00 AM Kuwait Time, with attendance notifications due by February 13, 2026 at 12:00 PM ET.
The contract requires the contractor to dismantle and remove seven satellite dishes, associated electrical infrastructure, cables, conduits, and support structures; trim and level stud bolts flush with foundations; and transport and dispose of materials in accordance with Kuwait environmental regulations. Performance period is 30 calendar days after notice to proceed, with work hours limited to Sunday through Thursday, 7:00 AM to 3:00 PM, subject to heat restrictions during June-August (no work 11:00 AM to 4:00 PM when temperatures exceed 49°C). The NAICS code is 238910 with a small business size standard of $19,000,000. Evaluation criteria include Compliance Review, Technical Knowledge and Capabilities, Past Performance, and Price, with non-price factors considered significantly more important than price. Award will be made to the responsible offeror whose proposal represents the best overall value. Offerors must be registered in SAM, provide completed FAR 52.212-3 representations and certifications, and comply with all federal contracting requirements including trafficking in persons, Buy American, and other mandatory clauses.
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Document # 951700-26-R-0001
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
PAGE OF PAGES
1 1
United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237
8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER
POTENTIAL OFFERORS
9B. DATED (SEE ITEM 11)
X
10A. MODIFICATION OF CONTRACT/ORDER
NUMBER
951700-26-R-0001
10B. DATED (SEE ITEM 11)
FACILITY CODE
X
2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NUMBER 5. PROJECT NUMBER (If A00003 02/24/2026 N/A applicable)
6. ISSUED BY CODE 951700 7. ADMINISTERED BY (If other than Item 6) DE
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
x The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
The purpose of this amendment is to:
1. Provide responses to the questions received in the Attachment 1 Questions and Answers and Attachement 2 Details of Satellite Dishes.
2. Provide update to the solicitation to remove FAR 52.228-15 Performance and Payment Bonds-Construction (JUN 2020).
3. Provide an extension for proposal submission until February 27, 2026 12:00PM EST.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Mary Kerner
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA
By (Signature of Contracting Officer)
16C. DATE SIGNED
X
UNITED STATES AGENCY FOR GLOBAL MEDIA (USAGM)
Title:
Issued Date: J , 202
Revised Proposal Due Date: 27, 202
Interested Offerors are reminded to submit via email two separate attachments – a Technical Proposal and a separate Price Proposal. Offerors shall send one email with both attachments.
ALL ATTACHMENTS MUST BE CLEARLY LABELED AND SENT IN “PDF FORMAT”
AND INCLUDE THE SOLICITATION NUMBER IN THE SUBJECT LINE. PLEASE NOTE
THAT THE TOTAL SIZE OF ALL ATTACHEMNTS MUST NOT EXCEED 23MB.
NOTICE TYPE: Combined Synopsis/Solicitation
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
Solicitation No. 951700-2 -R-00 is issued as a Request for Proposals (RFP).
This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 202 -0 effective , 202 .
The North American Industry Classification Systems (NAICS) code for this acquisition is:
The U.S. Agency for Global Media (USAGM)
Interested Offeror(s) will be required to provide a
The period of performance for this acquisition will be ( ) after award.
Options. Not used
A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(x) Offerors shall include a completed copy of the provision FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services, with their Technical Proposals.
These representations and certifications will be incorporated by reference in any resultant contract.
Offerors may either submit a paper copy of FAR Clause 52.212-3 or submit this information through the System for Award Management (SAM) www.SAM.gov. Proposals must also include the Offeror’s UEI Number, prompt payment terms, and correct remittance address, if different from mailing address. THE OFFEROR MUST BE REGISTERED ONLINE IN THE SAM
DATABASE AND LISTED AS “ACTIVE” PRIOR TO CONTRACT AWARD, AND
PROSPECTIVE AWARDEES ACKNOWLEDGE THE REQUIREMENT TO MAINTAIN AN
“ACTIVE” SAM REGISTRATION STATUS DURING PERFORMANCE AND THROUGH
FINAL PAYMENT OF ANY RESULTING CONTRACT.
(xi) No Defense Priorities and Allocation System (DPAS) rating assigned.
(xii) Site Visit
ADDENDUM TO FAR 52.237-1
Site Visit
The Government has scheduled a site visit at the USAGM Transmitting Station, Umm Al-Riman Abdaly Road 80, Kuwait for Tuesday, February 1 , at 10:00 A.M. Kuwait Time. The address to begin the site visit is: the USAGM Transmitting Station, Umm AL-Riman Abdaly Road 80, Kuwait.
The purpose of the site visit is to provide the contractor insight into the job requirements and a guided tour to present a representation of repair and painting works.
Firms are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after award.
Potential Offerors who plan to attend the site visit shall provide name and positional title, telephone number, as well as the Company Name and Address, of ALL attendees to Stephen Gomes at sgomes@usagm.gov, Mary Kerner at mkerner@usagm.gov and David Wallace at dwallace@usagm.gov, no later than February 1 , 202 at 12:00 P.M. Eastern Time. The Site Visit attendance is limited to a maximum of two (2) persons per Contractor. Potential Offerors shall provide, copies of their Kuwait Civil or Mobile ID’s, or Passport Bio Page two days prior to the visit.
Individual or group questions will NOT be answered during the site visit. Potential Offerors may submit questions pertaining to the site visit to the Office of Acquisition no later than Wednesday, February 18, 202 at 1:00 P.M. Eastern Time to Mary Kerner at mkerner@usagm.gov and David Wallace at dwallace@usagm.gov. The Government will respond to any written questions, as appropriate, by posting a Solicitation amendment.
NOTE: Remarks and explanations made by Government representatives during the course of the site visit, whether orally or in writing, shall not change or qualify any of the terms or conditions of the Solicitation. The Solicitation can only be changed by a formal, written revision issued by the Contracting Officer.
ALL CONTRACTOR PERSONNEL MUST USE THE MAIN ACCESS ROAD ENTRANCE
ONLY! DUE TO SECURITY REQUIREMENTS, IT IS RECOMMENDED THAT SITE VISIT
ATTENDEES ARRIVE EARLY.
(xiii) Please note that questions shall be submitted in writing to: MKerner@usagm.gov and DWallace@usagm.gov and must be received before the deadline of 1:00 P.M., Eastern Time (“ET”) on February 18, 202 . Offerors are required to put the Combined Synopsis/Solicitation Number in the subject line when submitting questions.
Failure to offer to provide the required services for the above CLIN(s) may result in the rejection of your proposal. Proposals shall be in writing and must be signed by an official authorized to bind the organization. No oral, faxed, mailed in hard copy, or hand delivered in hard copy by Government or commercial courier proposals will be accepted. All proposals must be sent via email delivery and must be received before the deadline. The Price Proposal must be clearly distinguishable and separate from the Technical Proposal. Offerors should send one email with the Solicitation Number in the subject line and the Technical and Price Proposals as separate, clearly identified, attachments.
Proposals shall be submitted via email to Mary Kerner, mkerner@usagm.gov and David Wallace, dwallace@usagm.gov and must be received before 12:00 P.M., ET on 27, 202 . In summary, each Offeror shall send one email with its Technical Proposal and Price Proposal attached separately.
Offerors are reminded to email two separate attachments – a Technical Proposal and a separate Price Proposal. Offerors shall send one email with both attachments.
(xiv) Contact:
Mary Kerner, Contract Specialist, mkerner@usagm.gov
David Wallace, Contracting Officer, DWallace@usagm.gov
Document Number: 951700-26-R-0001 Page 1 of 51
SOLICITATION,OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
951700-26-R-0001 SEALED BID (IFB)
NEGOTIATED (RFP)
2. TYPE OF SOLICITATION 3. DATE ISSUED
01/21/2026
PAGE OF PAGES
1 51
IMPORTANT -The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
T3445-26-IQ-00007
6. PROJECT NO.
CODE 95Z000
US Agency for Global Media Kuwait Transmitting Station
KUWAIT CITY
7. ISSUED BY 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME Attn: USAGM Station Manager
b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
A. Project Identification: U.S. Agency for Global Media (USAGM) Removal and Disposal of Satellite Dishes at the Kuwait Transmitting Station
B. Project Location: Project to be located at the USAGM Kuwait Transmitting Station. WORK COVERED BY CONTRACT DOCUMENTS The work of this project is defined by the Contract documents and consists of the the removal and disposal of seven obsolete satellite dishes at the Kuwait Transmitting Station.
- North American Industry Classification System (NAICS) code is 238910. Small Business Size Standard is $19,000,000.00.
- Magnitude of this project is Less than $25,000.
11. The Contractor shall begin performance within calendar days and complete it within calendar days after receiving1 120
X award, notice to proceed. This performance period is X mandatory negotiable. (See __________________________.)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).
YES X NO
12b. CALENDAR DAYS
Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
a.
b. An offer guarantee is, X is not required.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.c.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
13. ADDITIONAL SOLICITATION REQUIREMENTS:
NSN 7540-01-155-3212 STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
Document Number: 951700-26-R-0001 Page 2 of 51
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ___________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
17.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY 951700
United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237
US Agency for Global Media Kuwait Transmitting Station
KUWAIT CITY
27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
Mary Kerner
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014)BACK
Document Number: 951700-26-R-0001 Page 3 of 51
Table of Contents
Section Description Page Number
1 Continuation Sheet 2 Contract Clauses
52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.233-1 Disputes (May 2014) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Oct 2025) 1952.232-91 Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) (April 2016) 52.222-50 Combating Trafficking in Persons (Oct 2025) 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) 52.246-12 Inspection of Construction (Aug 1996) 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.242-14 Suspension of Work (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984)
52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-4 Physical Data (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.236-6 Superintendence by the Contractor (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-17 Layout of Work (Apr 1984) 52.236-19 Organization and Direction of the Work (Apr 1984) 52.241-2 Order of Precedence-Utilities (Feb 1995) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.246-20 Warranty of Services (May 2001) 52.246-21 Warranty of Construction (Mar 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
3 Documents, Exhibits, or Attachments 4 Solicitation Provisions
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.237-1 Site Visit (Apr 1984)
Document Number: 951700-26-R-0001 Page 4 of 51
52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2025) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Oct 2025)
Document Number: 951700-26-R-0001 Page 5 of 51
Section 1 - Continuation Sheet
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
1 Non-Capiltalized Goods
<25k
Firm Fixed Price
PSC:
1.000000 LT
Period of Performance: 02/13/2026 - 06/12/2026
Description: Dismantling and Disposal of Satellite Dishes.
- Dismantle seven (7) satellite dishes, including mounts and associated components.
- Remove all associated electrical cables, conduits, trays, supports, and accessories.
- Trim and level all stud bolts to be flush with the foundation surface.
- Transport and dispose of removed materials in accordance with Kuwait environmental regulations.
- Restore the work area to a clean and safe condition.
Reference Line: T3445-26-IQ-00007 - 1
PERIOD OF PERFORMANCE
ITEM START END
1 02/13/2026 06/12/2026
Section 2 - Contract Clauses
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 this/ these address(es):
https://www.acquisition.gov/browse/index/far [Insert one or more Internet addresses]
(End of clause) Clause Title Fill-ins
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial
Services (Nov 2023)
52.204-13 System for Award Management Maintenance (Oct 2018)
52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023)
52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)
Document Number: 951700-26-R-0001 Page 6 of 51
Clause Title Fill-ins
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)
52.233-1 Disputes (May 2014)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Oct 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:
[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.)
X (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).
__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C.
6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
Document Number: 951700-26-R-0001 Page 7 of 51
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).
__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
__ (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (17) [Reserved]
__ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jan 2025) of 52.219-9.
__ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
__ (26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
Document Number: 951700-26-R-0001 Page 8 of 51
__ (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)).
X (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
X (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126).
X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
X (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.
X (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 (Oct 2025) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C.
7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
Document Number: 951700-26-R-0001 Page 9 of 51
X (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.
X (50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
X (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.
3805).
X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (63) 52.240-1, 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.
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(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).
__ (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)).
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(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(x) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Oct 2025) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
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(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)
1952.232-91 Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) (April 2016)
Payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Payment Program (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is:https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice (CO to edit and include the documentation required under this contract):
Invoice Invoice Invoice Invoice Invoice The Contractor must follow the instructions on the attached Electronic Invoicing Advisory to enroll, access and use IPP for submitting requests for payment.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.
(End of Clause)
52.222-50 Combating Trafficking in Persons (Oct 2025)
(a) Definitions. As used in this clause
Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.
Coercion means--
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
Commercial sex act means any sex act on account of which anything of value is given to or received by any person.
Commercially available off-the-shelf (COTS) item--
(1) Means any item of supply (including construction material) that is--
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation
(FAR) 2.101;
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(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.
Forced Labor means knowingly providing or obtaining the labor or services of a person--
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
Involuntary servitude includes a condition of servitude induced by means of--
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.
(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--
(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;
(ii) Advertising
(iii) Obtaining permanent or temporary labor certification, including any associated fees;
(iv) Processing applications and petitions;
(v) Acquiring visas, including any associated fees;
(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;
(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;
(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;
(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;
(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;
(xi) Transportation and subsistence costs--
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(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment;
and
(B) From the airport or disembarkation point to the worksite;
(xii) Security deposits, bonds, and insurance; and
(xiii) Equipment charges.
(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is--
(i) Paid in property or money;
(ii) Deducted from wages;
(iii) Paid back in wage or benefit concessions;
(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or
(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--
(A) Agents;
(B) Labor brokers;
(C) Recruiters;
(D) Staffing firms (including private employment and placement firms);
(E) Subsidiaries/affiliates of the employer;
(F) Any agent or employee of such entities; and
(G) Subcontractors at all tiers.
Severe forms of trafficking in persons means--
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not--
(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
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(2) Procure commercial sex acts during the period of performance of the contract;
(3) Use forced labor in the performance of the contract;
(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;
(5) (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;
(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;
(6) Charge employees or potential employees recruitment fees;
(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--
(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States);
or
(B) For an employee who is not a United States national and who was brought into the United States for the…
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