Contract package - 19GG8026D0003_Redacted.pdf

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, IDIQ Contract Number 19GG8026D0003, Prices, Block 23

• Continuation To SF-1449, IDIQ Contract Number 19GG8026D0003, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Performance Work Statement, Government

Furnished Property

• Attachment 2 CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT (C-SCRM) Questionnaire and/or State Department Secure Software Development Attestation Form

SECTION 2 - CONTRACT CLAUSES

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 35 PAGES

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

PR15905388

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

19GG8026D0003 04/01/2026 12/10/2025

7. FOR SOLICITATION a.NAME b. TELEPHONE NUMBER(No calect calls) 8. OFFER DUE DA TE/ LOCAL

INFORMATION CALL: ► TIME

Tamari Jashi I

9. ISSUED BY CODE I GG800 10. THIS ACQUISITION IS □ UNRESTRICTED OR □ SET ASIDE:_% FOR:

AMERICAN EMBASSY TBILISI □ SMALL BUSINESS □ WOMEN-OWNED SMALL BUSINESS

29 Georgian American Friendsh ip Avenue, ATTN: □ HUBZONE SMALL □ (WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED GSO/PROCUREMENT

TBILISI BUSINESS SMALL BUSINESS PROGRAM NAICS:

GEORGIA □ SERVICE-DISABLED □EDWOSB □ EMERGING SMALL BUSINESS

VETERAN-OWNED

SMALL BUSINESS D<A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT- 12. DISCOUNT TERMS 13a. THIS CONTRACT IS A 13b.RATING

TION UNLESS BLOCK IS RA TED ORDER UNDER

MARKED DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

□ SEE SCHEDULE □ RFQ □ IFB QFP

15. DELIVER TO CODE I 16. ADMINISTERED BY CODE I

AMERICAN EMBASSY TBILISI AMERICAN EMBASSY TBILISI

29 Georgian American Friendship Avenue, ATTN: 29 Georgian American Friendship Avenue, ATTN: GSO/PROCUREMENT

WAREHOUSE 0131

TBILISI 0131

GEORGIA GEORGIA

17a. CONTRACTOR/ CODE 1683528109 I FACILITY I 18a. PAYMENT Will BE MADE BY CODE I OFFEROR CODE

MAGTICOM AMERICAN EMBASSY TBILISI

TAMUNA PAVLIASHVILI 29 Georgian American Friendship Avenue, ATTN:

5 POLITKOVSKAIA tbilisifmovoucherin g@sta te.gov

TBILISI TBILISI

GEORGIA GEORGIA

TELEPHONE NO.

017b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED □ SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

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

0.00 GEL

Q7a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52212-3 AND 52.212-5 ARE A TT ACHED. ADDENDA □ARE DRE NOT A TT ACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES 29. AWARD OF CONTRACT: REF. OFFER DATED TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. ITEMS:

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER {Type or print) 31c. DATE SIGNED

Anna Kosinska 03/15/2026

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 0212012)

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

IDIQ CONTRACT NUMBER 19GG8026D0003

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall provide mobile telephone services to the Embassy of the United States of America in Tbilisi, Georgia. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed.

II. PERIOD OF PERFORMANCE

The contract will be for a one-year period from the date of the contract award, with two (2) year options to renew.

III. PRICING

Base Year Prices: April 1, 2026 – March 31, 2027

Name Description # of Subscriptions

Estimate

Monthly rate

GEL

Annual Total (C x D x 12)

GEL

A B C D E

Group Plan Subscription (Fixed rate per phone to be billed monthly) (12 months x 190 SIMs) Standard GSM900/1800/1200Mh

Package 1 Includes Unlimited voice calls and SMS/MMS to Magti, Geocell/Silknet, Selfie/Beeline, and customers of fixed-line networks of Georgia. 5 GB Mobile Data (LTE or better) in Georgia, International Calls Disabled.

Package 2 Includes Unlimited voice calls and SMS/MMS to Magti, Geocell/Silknet, Selfie/Beeline, and customers of fixed-line networks of Georgia. Unlimited Mobile

Data (LTE or better) in Georgia, International Calls Enabled – capped at 45 minutes

Package 3 Unlimited calls and SMS/MMS to Magti, Geocell/Silknet, Beeline, and customers of fixed-line networks of Georgia. No mobile data and international calls

Grand total for the Base Year:

Internet Data package 5GB – shall be requested separately by the CO and COR- The price for 5 GB Internet package is

International Voice roaming – enabled on request by CO and COR International Voice roaming prices are given on the following link:

https://www.magticom.ge/en/mobile/mobile-services/roaming/corporate-roaming

International Data roaming - enabled on request by CO and COR International Data roaming prices are given on the following link:

https://www.magticom.ge/en/mobile/mobile-services/roaming/corporate-roaming

• The person using the number can independently activate voice and internet roaming services.

Tariffs can be viewed at the following link: https://www.magticom.ge/en/mobile/mobile-services/roaming/prepaid-roaming

• The tariffs for roaming services and international calls are published on the operator’s website. Since changes to roaming service conditions depend on roaming partner companies, the published tariffs may be subject to change without prior notice to the subscriber. The subscriber is responsible for verifying the applicable tariff rates before using the service

• When using roaming services, the quality and availability of the service depend on the network capabilities of the roaming partner operators, and the operator shall not be responsible for the quality or continuity of the service.

• In the event that the balance/limit is exhausted and the service has not been restricted for the Customer, the Customer is obliged to pay for the services actually provided.

When staying near the border zone of Georgia, the Customer’s terminal device may automatically use the services of a foreign operator (if roaming is enabled for the subscriber number), which is also considered a roaming service and will be charged accordingly.

• For any additional services whose terms/tariffs are not specified in this offer, MagtiCom’s standard terms and tariffs, as published on the operator’s website www.magticom.ge , shall apply.

The number of packages listed above are estimates only and are not procured by the Embassy.

During this contract period, the Government shall place orders totaling a minimum of 50 plan subscriptions. This reflects the contract guarantee minimum for this period of performance. The number of all orders shall not exceed 800 plan subscriptions. This reflects the contract maximum for this period of performance.

First Option Year Prices: April 1, 2027 – March 31, 2028 Name Description # of

Subscriptions Estimate

Monthly rate

GEL

Annual Total (C x D x 12)

GEL

A B C D E

Group Plan Subscription (Fixed rate per phone to be billed monthly) (12 months x 190 SIMs) Standard GSM900/1800/1200Mh

Package 1 Includes Unlimited voice calls and SMS/MMS to Magti, Geocell/Silknet, Selfie/Beeline, and customers of fixed-line networks of Georgia. 5 GB Mobile Data (LTE or better) in Georgia, International Calls Disabled.

Package 2 Includes Unlimited voice calls and SMS/MMS to Magti, Geocell/Silknet, Selfie/Beeline, and customers of fixed-line networks of Georgia. Unlimited Mobile Data (LTE or better) in Georgia, International Calls Enabled – capped at 45 minutes

Package 3 Unlimited calls and SMS/MMS to Magti, Geocell/Silknet, Beeline, and customers of fixed-line networks of Georgia. No mobile data and international calls

Grand total for the I Option Year:

Internet Data package 5GB – shall be requested separately by the CO and COR- The price for 5 GB Internet package is

International Voice roaming – enabled on request by CO and COR International Voice roaming prices are given on the following link:

https://www.magticom.ge/en/mobile/mobile-services/roaming/corporate-roaming

International Data roaming - enabled on request by CO and COR International Data roaming prices are given on the following link:

https://www.magticom.ge/en/mobile/mobile-services/roaming/corporate-roaming

• The person using the number can independently activate voice and internet roaming services.

Tariffs can be viewed at the following link: https://www.magticom.ge/en/mobile/mobile-services/roaming/prepaid-roaming

• The tariffs for roaming services and international calls are published on the operator’s website. Since changes to roaming service conditions depend on roaming partner companies, the published tariffs may be subject to change without prior notice to the subscriber. The subscriber is responsible for verifying the applicable tariff rates before using the service

• When using roaming services, the quality and availability of the service depend on the network capabilities of the roaming partner operators, and the operator shall not be responsible for the quality or continuity of the service.

• In the event that the balance/limit is exhausted and the service has not been restricted for the Customer, the Customer is obliged to pay for the services actually provided.

When staying near the border zone of Georgia, the Customer’s terminal device may automatically use the services of a foreign operator (if roaming is enabled for the subscriber number), which is also considered a roaming service and will be charged accordingly.

• For any additional services whose terms/tariffs are not specified in this offer, MagtiCom’s standard terms and tariffs, as published on the operator’s website www.magticom.ge , shall apply.

The minutes and packages listed above are estimates only and are not procured by the Embassy.

During this contract period, the Government shall place orders totaling a minimum of 50 plan subscriptions. This reflects the contract guarantee minimum for this period of performance. The amount of all orders shall not exceed 800 plan subscriptions. This reflects the contract maximum for this period of performance.

Second Option Year Prices: April 1, 2028 – March 31, 2029

Name Description # of Subscriptions

Estimate

Monthly rate

GEL

Annual Total (C x D x 12)

GEL

A B C D E

Group Plan Subscription (Fixed rate per phone to be billed monthly) (12 months x 190 SIMs) Standard GSM900/1800/1200Mh

Package 1 Includes Unlimited voice calls and SMS/MMS to Magti, Geocell/Silknet, Selfie/Beeline, and customers of fixed-line networks of Georgia. 5 GB Mobile Data (LTE or better) in Georgia, International Calls Disabled.

Package 2 Includes Unlimited voice calls and SMS/MMS to Magti, Geocell/Silknet, Selfie/Beeline, and customers of fixed-line networks of Georgia. Unlimited Mobile Data (LTE or better) in Georgia, International Calls Enabled – capped at 45 minutes

Package 3 Unlimited calls and SMS/MMS to Magti, Geocell/Silknet, Beeline, and customers of fixed-line networks of Georgia. No mobile data and international calls

Grand total for the II Option Year:

Internet Data package 5GB – shall be requested separately by the CO and COR- The price for 5 GB Internet package is

International Voice roaming – enabled on request by CO and COR International Voice roaming prices are given on the following link:

https://www.magticom.ge/en/mobile/mobile-services/roaming/corporate-roaming

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

CONTINUATION TO SF-1449

IDIQ CONTRACT NUMBER 19GG8026D0003

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SCHEDULE OF SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

This IDIQ Contract is for mobile telephone services. The U.S. Embassy is using estimated 700 lines for official purposes. The Contractor shall provide complete mobile telephones services for the U.S. Embassy Tbilisi. Services provided shall include:

• SIM cards for Mobile Telephones

• Possibility to use e-SIM

• Calls within Georgia

• International calls

• International roaming

• Internet connection (high speed 4G, LTE or better)

• SMS messaging

• Voice Mail

• 24-hour Customer service

• Detailed billing of calls made

• Data service packages

• Guarantee that SMS aggregators will pass Verizon, OpenMarket SMS, and allow 2-way

SMS with short Code AtHoc (28462)

The Contractor shall ensure that the connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the Contracting Officer’s Representative (COR) must be informed immediately of any problems and their resolution.

1.1 EQUIPMENT PACKAGE (reserved)

1.2 CALLS WITHIN GEORGIA

The Contractor shall ensure on a 24-hour basis at least 90% local network coverage around Georgia with special consideration to all urban areas and main traffic routes.

1.3 INTERNATIONAL CALLS

The Contractor shall ensure on a 24-hour basis international connectivity worldwide with countries that telephone services are available.

1.4 INTERNATIONAL ROAMING

The Contractor shall provide as extensive international roaming connectivity as possible, with the special interest of the Embassy for roaming within all European countries, Asia, Africa and the USA.

The Contractor shall notify the COR immediately when a service charge for roaming exceeds a certain threshold. Each threshold shall be established by the Embassy of the United States based on individual cases.

1.5 WIRELESS APPLICATION PROTOCOL (WAP)

The Contractor shall provide Internet connection through its network to the Wireless Application Protocol (WAP) Internet sites.

1.6 SMS MESSAGING

The Contractor shall provide access to around-the-clock SMS messaging.

1.7 VOICE MAIL (RESERVED)

1.8 RENTAL OF CELL-PHONES WITH SIM CARDS (RESERVED)

1.9 CUSTOMER SERVICE

The Contractor shall provide technical support for, roaming questions, number changes, lost or stolen telephone reporting, manufacturer’s warranty information, and all other matters concerning the mobile telephone services through the Contractor’s Project Manager.

1.10 DETAILED BILLING

1.10.1 The Contractor shall provide a monthly breakdown of calls made by individual numbers.

The breakdown shall clearly show:

• Called Number

• Time and Date of the Call

• Duration of the Call

• All data transfer (Internet) info

• Price

1.10.2 The monthly lists of calls made shall be forwarded to the Designated Billing Office (DBO) before the end of each current month for the previous month at the following address:

U.S. Embassy Tbilisi 29 Georgian-American Friendship Ave.

Tbilisi, Georgia Attn: Financial Management Office (DBO).

Electronic bills shall be sent to TbilisiFMOVouchering@state.gov

1.11 Quality of Service Criteria

The service provider must ensure the service meets the following criteria:

1. Network Availability o The service provider must ensure a minimum network uptime of 99.9% per month, excluding scheduled maintenance periods.

o Any downtime exceeding this threshold must be reported within 24 hours and compensated according to the agreed terms.

2. Call Quality o The service provider must maintain a call success rate of 98% or higher, ensuring minimal dropped calls and clear audio quality.

o Call setup time must not exceed 5 seconds for 95% of calls.

3. Data Speed and Reliability o The service provider must guarantee minimum data speeds of 10 Mbps download and 5 Mbps upload for 4G LTE services, or higher for 5G services, in covered areas.

o Latency must not exceed 50 milliseconds for 95% of data transmissions.

o Data Packet loss must be <=.5% o Data Service Provide must permit all IP ports and protocols (including but not limited to ICMP, UDP, TCP, and IPSEC) to transit without filters or proxies. Unfiltered access to the Internet is required without ISP firewall blocking or stateful inspection.

o

4. Coverage o The service provider must provide coverage in 90% of the geographic area specified in the contract, including urban, suburban, and rural zones.

o Coverage maps must be provided and updated annually to reflect any changes.

5. Customer Support Response Time o The service provider must respond to customer inquiries or complaints within 24 hours for standard issues and within 4 hours for urgent issues (e.g., service outages).

o A dedicated account manager or support team must be assigned for contract management.

6. Service Restoration o In the event of service disruption, the provider must restore services within 4 hours for minor outages and 12 hours for major outages.

7. Security and Privacy o The service provider must comply with all applicable data protection laws and ensure encryption of customer data during transmission and storage.

o Any security breaches must be reported within 24 hours, along with a mitigation plan.

8. Performance Monitoring and Reporting o The service provider must provide monthly performance reports detailing network uptime, call quality, data speeds, and customer support metrics.

o The contracting party reserves the right to audit these reports or request independent verification.

9. Scalability and Future Upgrades o The service provider must ensure scalability to accommodate increased demand or technological upgrades (e.g., transition to 5G or beyond) without service disruption.

o Any upgrades must be communicated at least 30 days in advance.

10. Must not have ZTE, Huawei, Xiaomi and affiliated branded products in use on the internet connection. Post may not enter contract (or extend or renew contract) with an entity that uses above mentioned equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

2. INVOICING

(a) The Contractor shall submit monthly invoices to the DBO at the address shown in paragraph d below. A proper invoice must include the following information:

• Contractor's name and bank account information for payments by wire transfers,

• Invoice date,

• Contract number,

• A summary showing a listing of each line with total monthly price in local currency for that line. A detailed invoice for each Embassy agency must be attached to each summary invoice and should include the cost breakdown by each telephone line according to the pricing schedule,

• A detailed list of all calls made for each line,

• Prompt payment discount, if any,

• Name, title, phone number, and address of person to contact in case of a defective invoice.

(b) If an invoice does not contain the above information, the Embassy reserves the right to reject the invoice as improper and return it to the Contractor within seven (7) calendars days for the Contractor to then correct and return the invoice.

(c) The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each Embassy agency. That agency representative will review the detailed invoice and either approve for payment or advise the COR of the inaccuracies found. It shall be the COR who will interact with the Contractor on any invoice problems.

(d) The Contractor will send all invoices to the following address:

TbilisiFMOVouchering@state.gov

(e) Payment shall be made in local currency by Electronic Funds Transfer (EFT) within thirty (30) days of receipt of a proper invoice.

(f) The Embassy will provide annual proof of a direct exemption of Value Added Tax

(VAT), according to Georgian VAT laws.

3. KEY PERSONNEL

3.1 The Contractor’s Project Manager must be able to converse in English and Georgian. The Contractor shall assign to this contract the following key person:

POSITION/FUNCTION:

3.2 During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the Contracting Officer (CO) within fifteen (15) calendar days of the occurrence of any of these events and provide the information required below to the Contracting Officer before making any permanent substitutions.

3.3 After the first ninety (90) days of performance, the Contractor may substitute a key person if the Contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

3.4 The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, and a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within fifteen

(15) calendar days of receiving the required information. The Embassy will modify the contract to reflect any changes in key personnel.

4. PERMITS

Without additional cost to the Embassy, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Georgia laws.

5. GOVERNMENT FURNISHED PROPERTY

5.1 The Embassy intends to use Embassy-Owned GSM phones and Smart Phones with accessories. The contractor shall provide a fully functional SIM card, telephone number and appropriate security PIN and PUK codes for all existing Embassy cell phones.

5.2 A list of Cell-Phone Types that the Embassy owns and intends to use with the services provided in this contract are:

GSM 900/1800/1900 Compatible Cell Phones and Department of State approved iPhones and android phones.

6. ADDITION OF NEW LINES

The contractor will provide a fully functional SIM card, telephone number and appropriate security codes PIN and PUK codes to the COR within twenty-four (24) hours of receiving a delivery order under the contract.

7. NON-OFFICIAL LINES

This Contract is valid only for official Embassy needs.

8. DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Embassy shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

9. TECHNOLOGICAL REFRESHMENT

After contract award, the Embassy may; pursuant to FAR clause 52.212-4 - Contract Terms and Conditions–Commercial Items, paragraph (c), Changes; request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology.

The Contractor may propose for the Embassy’s technological refreshment, substitutions or additions for any provided products or services that may become available as a result of technological improvements. The Embassy may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing purposes.

This action is within the scope of the contract. At the option of the Embassy, a demonstration of the substitute product may be required. The Embassy is under no obligation to modify the contract in response to the proposed additions or substitutions.

Such substitutions or additions may include any part of, or all of, a given product(s), provided the following conditions are met and substantiated by documentation in the technological refreshment proposal:

(a) The proposed product(s) shall meet all of the technical specifications of this document and conform to the terms and conditions cited in the contract.

(b) The proposed product(s) shall have the capacity, performance, or functional characteristics equal to or greater than, the current product(s).

(c) The proposal shall discuss the impact on hardware, services, and delivery schedules.

The cost of the changes not specifically addressed in the proposal shall be borne entirely by the Contractor.

(d) Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Embassy. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment, increasing or decreasing the contract price, may be required and any other affected provisions of this contract shall be made in accordance with FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.

10. SPECIAL SHORT-TERM PROMOTION

For the entire contract duration, the Contractor will offer the Embassy the option to take advantage of any promotional programs that it offers and that are suited for use by U.S. Embassy staff. The Embassy, at its own discretion, will have the option to accept or reject the opportunity.

11. DELIVERY ORDERS

The Contracting Officer will issue delivery orders to order phone services to the Contractor for performance of work under this contract. If an order is given orally, it will be followed by a written delivery order within seven (7) calendar days.

12. TRAINING (RESERVED)

13. SIM RETURN/DEFECTIVE POLICY

If a SIM is defective or is being returned, the SIM will be exchanged within one (1) business day.

14. CUSTOMER SERVICE CENTERS

The Contractor is to provide a telephone number for the purpose of reporting equipment problems and malfunctions, billing inquiries, and customer questions regarding accounts and services.

15. SURVIVABILITY AND RECOVERY

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

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

BLOCK 27A)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (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).

_X_ (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 Representation (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).

_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O.

13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (35)

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (36)

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39)

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

13627).

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

__ (40) 52.222-54, Employment Eligibility Verification (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).

_X_ (47)

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

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48)

(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

_X_ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

_X_ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (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. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (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 (Sep 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 (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).

(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)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (FEB 2021)

(a) Definitions. As used in this clause—

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C.

7701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)

(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying.

In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request.

Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form

W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C- 1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C.

5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract…