Combined Synopsis M6261325Q0005.pdf
PDF 417 KB Posted
- Solicitation number
- M62613-25-Q-0005
- Issued by
-
United States Marine Corps
About this file
This is a Request for Quotes (RFQ) for inspection, testing, and maintenance (ITM) services for firefighting and emergency response equipment at Marine Corps Air Station (MCAS) Iwakuni, Japan. The solicitation (M62613-25-Q-0005) seeks a contractor to provide annual ITM for five LPG live fire training props, six electro-hydraulic extrication devices, and semi-annual ITM for six breathing air compressor and cascade systems. The contract will have a 12-month base period from 1 September 2025 to 31 August 2026, with two 12-month option periods and a potential 6-month extension. Contractors must submit electronic quotes by 1 August 2025 at 3:00 PM Japan Standard Time, including required certifications from manufacturers like FIREBLAST, KFT, Hurst, EagleAir, and Bauer. The contract will be awarded on a best-value basis considering price, past performance, and compliance with solicitation requirements.
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| Q and A_M6261325Q0005.pdf | ||
| RFQ Cover Sheet.pdf |
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Text version
M6261325Q0005
SUBMISSION OF OFFERS.
52.212-1 ADDENDUM TO INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
The offer shall contain all requested products/services, as the contract award will be made in aggregate. Therefore, any offer received without all services priced will be considered non-responsive.
Offerors are instructed to completely fill out the attached coversheet and return it along with your offer. Offers submitted without the required coversheet will not be evaluated nor considered for award. All offered pricing must be in whole numbers. No decimal or cents are permitted.
Offeror must complete the Representation 52.204-26 Covered Telecommunications Equipment or Services, and DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services.
Submit signed and dated offers to the office specified in this Request for Quotes (RFQ), or by email using the specified contact information in the section below, at or before 1 August 2025 3:00 PM Japan Standard Time
(JST).
Offers shall be submitted electronically (emailed) subject to the submission timelines required in FAR 52.212-1(f)
(2) (i) (A). Due to government computer firewall security and file size limitations, please be advised that it is the prospective contractor’s responsibility to ensure that the Contracting Office receives ALL required documents on time, including acknowledgment of receipt from the Government, and in strict accordance with FAR 52.212-1(f).
All and any communications/questions pertaining to this solicitation must be submitted in the format provided in Attachment I to the Point of Contact below, no later than 25 July 2025, 03:00 PM, Japan Standard Time (JST). If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contract Specialist in writing with supporting rationale.
Offered prices shall not include the Consumption Tax in accordance with paragraph c. FAR Clause 52.229-6 entitled, “Taxes - Foreign Fixed - Price Contracts”.
The Offeror’s expenses incurred as a result of proposal preparation shall not be reimbursed by the U.S. Government.
The Offeror shall ensure that all correspondence that is addressed to the United States Government is submitted in English or with an English translation.
PERIOD FOR ACCEPTANCE OF OFFERS. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.
Note: The Offeror that fail to furnish the required information or reject the terms and conditions of the term and conditions of the solicitation will be excluded from consideration.
Submission of offers.
(1) Offer: All Pricing and other required information, including:
(a) Block 12, Discount Terms [provide amplifying information if necessary]
(b) Block 17a complete, including the name, address, and telephone number of the offeror;
(c) Block 17b if appropriate, "Remit to" address, if different than mailing address;
(d) The offer shall include a breakdown of unit price and extended (total) price for each Contract
Line-Item Number (CLIN). Failure to provide pricing may result in the offer being considered nonresponsive.
(e) Block 26, Total Price Offer
(f) Blocks 30a, b, c. In doing so, the Offeror accedes to the contract terms and conditions as written in this solicitation
(g) SF30 block 15a, b, c; and Acknowledgment of Request for Quotes Amendments, if applicable
(2) Technical information: Information sufficient for technical evaluation. Include, at a minimum:
A technical description of the items/services being offered in sufficient detail to evaluate compliance with the requirements in the Request for Quotes and, for services, the associated Performance Work Statement (PWS). This may include product literature, licenses, certifications, catalog descriptions, or other documents, as appropriate;
(i) License/Certificates Copies of service certificates issued by FIREBLAST Global; KFT (formerly Kidde Fire Trainers);
HURST Jaws of Life; EagleAir; and BAUER Compressors shall be submitted.
(ii) Service Performance Approach (Task Understanding) The Government shall evaluate the methodology and detail as to how the Offeror proposes to perform in accordance with the Performance Work Statement (PWS).
Failure to provide the required certifications will result in the offer being considered non-responsive and excluded from further evaluation.
(3) Price Quotation.
Offerors shall submit, at a minimum, the following information in the price quotation in accordance with the Governments desired pricing terms and conditions.
Price Terms: The Offeror shall complete with quote unit price and extended amount for each listed
Contract Line Item Numbers (CLINs) using this SF1449 (Solicitation M62613-25-Q-0005).
(4) Past performance.
a) Offerors shall provide no more than five (5) recent and relevant past performances references for the prime and any subcontractor. Emphasis should be placed on Inspection, Testing, and Maintenance (ITM) services, reflecting relevant experience within the last three (3) years.
Offeror shall complete and submit Past Performance Information List (See Attachment I).
b) The offeror has both the duty and discretion to determine which of its prior contracts are most relevant to the currently described requirements. However, the offeror should consider that the Government shall give special attention to past performance relating to the United States Federal Government. Commercial contracts will be considered.
c) If the offeror is unable to provide 5 relevant contracts for the past performance evaluation, a lesser number may be submitted.
d) If the offeror possesses no relevant past performance, it should affirmatively state this fact in the Contractor Performance Data Sheets. Failure to submit the completed Contractor Performance Data Sheets shall be considered certification (by signature on the offer) that the offeror has no past performance for like or similar items for the Government to evaluate.
(End of provision)
GENERAL CORRESPONDENCE
All correspondence and inquiries regarding this order shall be directed to the following primary point of contact:
Contracting Office Marine Corps Air Station (MCAS) Iwakuni [M62613] OPC 561, Box 1872
FPO AP 96310-9001
Attn: Mr. Hiroshi Sakuta (Primary POC) Email: sakuta.hiroshi.ja@usmc.mil
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job ITM Services Training Props
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN covers annual ITM services for LPG live fire training props (e.g., car fire, helicopter, BBQ grill prop). These services contribute to maintaining the safety, functionality, and readiness of live fire training systems essential for firefighter preparedness.
FOB: Destination
MILSTRIP: M022095751249
PURCHASE REQUEST NUMBER: M022095751249
PSC CD: J042
NET AMT
0002 1 Job ITM Services Extrication Equipment
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN covers annual ITM services for electro-hydraulic extrication equipment (e.g., Hurst tools), supporting safe and effective technical rescue operations.
Service shall ensure the operational reliability and compliance of equipment essential for emergency response missions.
FOB: Destination
MILSTRIP: M022095751249
0003 1 Job ITM Services Air Compressors
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN includes semi-annual ITM services for breathing air compressors and cascade systems (e.g., EagleAir, Bauer), with two scheduled service visits per year.
These services are critical to ensuring a safe, continuous, and compliant air supply for firefighting personnel operating in hazardous environments.
FOB: Destination
MILSTRIP: M022095751249
0004 1 Job ITM Services Travel and Per Diem
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
Price shall also include meals, lodging, labor, and/or all travel related expenses to/from MCAS Iwakuni, Yamaguchi, Japan. Any other fees and costs associated with this service shall be the responsibility of the contractor.
All travel must comply with the Joint Travel Regulations (JTR) and FAR 31.205- 46.
FOB: Destination
MILSTRIP: M022095751249
1001 1 Job OPTION ITM Services Training Props
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN covers annual ITM services for LPG live fire training props (e.g., car fire, helicopter, BBQ grill prop). These services contribute to maintaining the safety, functionality, and readiness of live fire training systems essential for firefighter preparedness.
FOB: Destination
MILSTRIP: M022095751249
1002 1 Job OPTION ITM Services Extrication Equipment
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN covers annual ITM services for electro-hydraulic extrication equipment (e.g., Hurst tools), supporting safe and effective technical rescue operations.
Service shall ensure the operational reliability and compliance of equipment essential for emergency response missions.
FOB: Destination
MILSTRIP: M022095751249
1003 1 Job OPTION ITM Services Air Compressors
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN includes semi-annual ITM services for breathing air compressors and cascade systems (e.g., EagleAir, Bauer), with two scheduled service visits per year.
These services are critical to ensuring a safe, continuous, and compliant air supply for firefighting personnel operating in hazardous environments.
FOB: Destination
MILSTRIP: M022095751249
1004 1 Job OPTION ITM Services Travel and Per Diem
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
Price shall also include meals, lodging, labor, and/or all travel related expenses to/from MCAS Iwakuni, Yamaguchi, Japan. Any other fees and costs associated with this service shall be the responsibility of the contractor.
All travel must comply with the Joint Travel Regulations (JTR) and FAR 31.205- 46.
FOB: Destination
MILSTRIP: M022095751249
2001 1 Job OPTION ITM Services Training Props
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN covers annual ITM services for LPG live fire training props (e.g., car fire, helicopter, BBQ grill prop). These services contribute to maintaining the safety, functionality, and readiness of live fire training systems essential for firefighter preparedness.
FOB: Destination
MILSTRIP: M022095751249
2002 1 Job OPTION ITM Services Extrication Equipment
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN covers annual ITM services for electro-hydraulic extrication equipment (e.g., Hurst tools), supporting safe and effective technical rescue operations.
Service shall ensure the operational reliability and compliance of equipment essential for emergency response missions.
FOB: Destination
MILSTRIP: M022095751249
2003 1 Job OPTION ITM Services Air Compressors
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN includes semi-annual ITM services for breathing air compressors and cascade systems (e.g., EagleAir, Bauer), with two scheduled service visits per year.
These services are critical to ensuring a safe, continuous, and compliant air supply for firefighting personnel operating in hazardous environments.
FOB: Destination
MILSTRIP: M022095751249
2004 1 Job OPTION ITM Services Travel and Per Diem
FFP
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
Price shall also include meals, lodging, labor, and/or all travel related expenses to/from MCAS Iwakuni, Yamaguchi, Japan. Any other fees and costs associated with this service shall be the responsibility of the contractor.
All travel must comply with the Joint Travel Regulations (JTR) and FAR 31.205- 46.
FOB: Destination
MILSTRIP: M022095751249
3001 1 Job OPTION ITM Services Training Props
FFP
SIX-MONTH EXTENSION ITM – UNDER FAR 52.217-8
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN covers annual ITM services for LPG live fire training props (e.g., car fire, helicopter, BBQ grill prop). These services contribute to maintaining the safety, functionality, and readiness of live fire training systems essential for firefighter preparedness.
FOB: Destination
MILSTRIP: M022095751249
3002 1 Job OPTION ITM Services Extrication Equipment
FFP
SIX-MONTH EXTENSION ITM – UNDER FAR 52.217-8
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN covers annual ITM services for electro-hydraulic extrication equipment (e.g., Hurst tools), supporting safe and effective technical rescue operations.
Service shall ensure the operational reliability and compliance of equipment essential for emergency response missions.
FOB: Destination
MILSTRIP: M022095751249
3003 1 Job OPTION ITM Services Air Compressors
FFP
SIX-MONTH EXTENSION ITM – UNDER FAR 52.217-8
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
This CLIN includes semi-annual ITM services for breathing air compressors and cascade systems (e.g., EagleAir, Bauer), with two scheduled service visits per year.
These services are critical to ensuring a safe, continuous, and compliant air supply for firefighting personnel operating in hazardous environments.
FOB: Destination
MILSTRIP: M022095751249
3004 1 Job OPTION ITM Services Travel and Per Diem
FFP
SIX-MONTH EXTENSION ITM – UNDER FAR 52.217-8
The Contractor shall furnish all labor, materials, and equipment to perform inspection, testing, and preventive maintenance (ITM) services in accordance with the Performance Work Statement (PWS).
Price shall also include meals, lodging, labor, and/or all travel related expenses to/from MCAS Iwakuni, Yamaguchi, Japan. Any other fees and costs associated with this service shall be the responsibility of the contractor.
All travel must comply with the Joint Travel Regulations (JTR) and FAR 31.205- 46.
FOB: Destination
MILSTRIP: M022095751249
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government
3003 Destination Government Destination Government 3004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-SEP-2025 TO
31-AUG-2026
N/A FIRE & EMERGENCY SERVICES
CHIEF WELCH JAMES A JR
MISUMI-CHO 2-CHOME, IWAKUNI-SHI,
YAMAGUCHI-KEN
BLDG# 6119 740-0025
255-1136 FOB: Destination
M02209
0002 POP 01-SEP-2025 TO
31-AUG-2026
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-SEP-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-SEP-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-SEP-2026 TO
31-AUG-2027
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-SEP-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-SEP-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-SEP-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-SEP-2027 TO
31-AUG-2028
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-SEP-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-SEP-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-SEP-2027 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-SEP-2028 TO
01-MAR-2029
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-SEP-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-SEP-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-SEP-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management NOV 2024 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-29 Federal Acquisition Supply Chain Security Act Orders--
Representation and Disclosures.
DEC 2023
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
SEP 2023
52.212-2 Evaluation - Commercial Items NOV 2021 52.212-3 Alt I (Dev)(RMBO)
Offeror Representations and Certifications--Commercial Products and Commercial Services (DEVIATION 2025- O0003/ DEVIATION 2025-O0004) Alternate I
MAR 2025
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.217-5 Evaluation Of Options JUL 1990 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.247-34 F.O.B. Destination JAN 1991 52.252-6 Authorized Deviations In Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors
JAN 2023
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.223-7009 Prohibition of Procurement of Fluorinated Fire-Fighting
Agent for Use on Military Installations
MAR 2024
252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense
Contractors Outside the United States
JUN 2015
252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.229-7001 Tax Relief APR 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.247-7023 Transportation of Supplies by Sea OCT 2024
CLAUSES INCORPORATED BY FULL TEXT
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2025-
O0003/ DEVIATION 2025-O0004) (MAR 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.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).
X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (6) [Reserved]
___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.
C).
___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.
L. 111-117, section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.
L. 117-328).
___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.
115-390, title II).
___ (ii) Alternate I (DEC 2023) of 52.204-30.
X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).
___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
____ (14) [Reserved]
____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (17) [Reserved]
____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-6.
____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-7.
____ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).
____ (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (NOV 2016) of 52.219-9.
____ (iii) Alternate II (NOV 2016) of 52.219-9.
____ (iv) Alternate III (JUN 2020) of 52.219-9.
____ (v) Alternate IV (JAN 2025) of 52.219-9.
____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
____ (ii) Alternate I (MAR 2020) of 52.219-13.
____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
____ (26) (i) 52.219-28, 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)).
____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
____ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).
____ (33) [Reserved]
____ (34) [Reserved]
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.
X (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
X (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 (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
X (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 (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I [Reserved].
____ (iii) Alternate II (JAN 2025) of 52.225-3.
____ (iv) Alternate III (FEB 2024) of 52.225-3.
____ (v) Alternate IV (OCT 2022) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).
____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
____ (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).
X (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
____ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631).
____ (ii) Alternate I (APR 2003) of 52.247-64.
____ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [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) (E.O.
13658).
_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
_____ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.
117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).
(B) Alternate I (DEC 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xvi) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)
(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years and 6 months.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/
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/
252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --
REPRESENTATION (DEC 2019)
(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.
(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
252.225-7976 CONTRACTOR PERSONNEL PERFORMING IN JAPAN (DEVIATION 2018-O0019)(AUG 2018)
(a) Definitions. As used in this clause—
“Commander” means the Commander of the United States Forces Japan (USFJ).
“Dependent” means spouse, and children under 21; and parents, and children over 21, if dependent for over half their support upon a member of the United States Armed Forces or civilian component.
“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses the international law related to the conduct of hostilities that is binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.
“SOFA Article I(b) status” means a designation by the Commander of contractor personnel as Members of the Civilian Component under Article I(b) of the Status of Forces Agreement (SOFA), in accordance with agreement by the Joint Committee. To receive such a designation, an individual must—
(1) Be a United States national;
(2) Not be ordinarily resident in Japan (or if ordinarily resident, complete the procedures set forth in USFJ Instruction 36-2611 (Change of Status by Persons in Japan to One of the Categories Authorized by the Status of Forces Agreement, available at http://www.usfj.mil/Portals/80/Documents/Instructions/36-2611%20(USFJI).pdf
(3) Be present in Japan at the official invitation of the United States Government and solely for official purposes in connection with the United States Armed Forces;
(4) Not have SOFA Article XIV status; and
(5) Be essential to the mission of the United States Armed Forces and has a high degree of skill or knowledge for the accomplishment of mission requirements by fulfilling the following:
(i) Has acquired the skill and knowledge through a process of higher education or specialized training and experience; or
(ii) Possesses a security clearance recognized by the United States to perform his or her duties; or
(iii) Possesses a license or certification issued by a U.S. Federal department or agency, U.S. state, U.S. Territory, or the District of Columbia to perform his or her duties; or
(iv) Be identified by the United States Armed Forces as necessary in an emergent situation and will remain in Japan for less than 91 days to fulfill specialized duties; or
(v) Is an employee of a military banking facility; or
(vi) Is specifically authorized by the Joint Committee.
“SOFA Article XIV status” means designation by the Commander to persons, including corporations organized under the laws of the United States and its personnel, that are ordinarily resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States Armed Forces. Such designations are made in extremely limited circumstances and only after consultation with the Government of Japan. Article XIV designations are restricted to cases where open competitive bidding is not practicable due to—
(1) Security considerations;
(2) The technical qualification of the contractors involved;
(3) The unavailability of materials or services required by United States standards; and
(4) Limitations of United States law.
“SOFA-covered contractor personnel” means contractor personnel who have been designated as having SOFA Article I(b) status or SOFA Article XIV status, which is documented on a Letter of Authorization (LOA) signed by the Contracting Officer.
“SOFA status” means either SOFA Article I(b) status or SOFA Article XIV status or a dependent under Article I(c).
“Status of Forces Agreement” means the “Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America, Regarding Facilities and Areas and the Status of United States Armed Forces in Japan,” dated January 19, 1960, and all supplementary agreements to the SOFA, including the agreement signed on January 16, 2017.
“United States national” means a citizen of the United States, or a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
(b) General.
(1) This clause applies to SOFA-covered contractor personnel when performing in Japan. The requirements of paragraph (c)(2) and (e)(1) of this clause must be specified in the statement of work to be applied to non-SOFA-covered contractor personnel.
(2) The Contractor shall comply with the instructions of the Contracting Officer concerning the entry of its personnel, equipment, and supplies…
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