M6740022Q0015.pdf

SEE ADDENDUM

(No Collect Calls)

M6740022Q0015 18-Apr-2022

b. TELEPHONE NUMBER

011-81-98-970-3974

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 18 May 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M674009. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JENNIFER A. VEDSTED

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MCIPAC REGIONAL CONTRACTING OFFICE

MCB CAMP S.D. BUTLER

OKINAWA 904-0100

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M20233 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FACILTY MAINTENANCE SUPPLY

AKIKO TSUHA

FACILITIES MAINTENANCE SUPPLY

BLDG#362 CAMP FOSTER

FPO AP 96373-5001

TEL: 645-2605 FAX:

FAX:

TEL: 315-645-3607

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

325180

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF24

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6740022Q0015

Section SF 1449 - CONTINUATION SHEET

BPA OVERVIEW

This is a REQUEST FOR PRICING for BLANKET PURCHASE AGREEMENT (BPA). The contractor shall provide water treatment supplies listed in Exhibit A in support of Facilities Maintenance Branch, MCIPAC Camp

Butler Okinawa Japan. If and when, requested by an AUTHORIZED Ordering Officers and/or Contracting Officer in accordance with the terms and conditions listed herein. Contractors, upon call, will provide the requested items at the area delivery locations identified. This Master BPAs will be in effect five years from the date of establishment of this agreement unless sooner cancelled.

1. Marine Corps Installations Pacific (MCIPAC) Regional Contracting Office requests you submit your price list for review for a possible Blanket Purchase Agreement (BPA) for the items listed in this solicitation. Keep in mind that a

BPA is not a binding contract, it is a pricing agreement, and prices must be agreed upon prior to any orders being placed against a BPA. Additionally, since it is an agreement and not a contract, either party may choose to cancel and agreement prior to an order being confirmed in writing.

2. In addition to the items listed in Exhibit A, please find enclosed the general terms and conditions of the BPA. If you are interested in establishing a BPA with MCIPAC Regional Contracting Office, please complete the attached solicitation for pricing. Your prices should be low or lower than those charged to your most favored customers, including any discounts for prompt payment and delivery. MCIPAC Regional Contracting Office will attempt to establish multiple BPAs for items identified in Exhibit A. Who is chosen for the agreement will be determined and based on the best value to the U.S. Government.

3. Return the attached solicitation with your pricing (Exhibit A) and an IRS Form W-14 by 18 May 2022 NLT

10:00 a.m. Japan Standard time by e-mailing to jennifer.vedsted@usmc.mil. If your company is selected to establish an agreement with you, you will be contacted and required to sign the master BPA document and return it to the Regional Contracting Office. E-mailed copies will be accepted.

4. Should you have additional questions, please do not hesitate to e-mail to jennifer.vedsted@usmc.mil by 29 Apr

2022 NLT 10:00 Japan Standard time.

5. Basis for Award

i. This is a commercial item requirement using Simplified Acquisition Procedures under FAR part 12 and

13, respectively. Evaluation will be conducted using simplified procedures in accordance with FAR 13.106.

ii. The Government will award Blanket Purchase Agreement (BPA) orders resulting from each RFQ to the responsible vendor(s) whose offer(s) conforming to the RFQ will be most advantageous to the Government, price and other factors considered.

iii. For the price evaluation purpose, the Government will use the sum total of Government pricing provided on each RFQ. Additionally, offerors MUST be registered in the System for Award Management

(SAM) database to be eligible for award. Offerors failure to comply with the terms and conditions will lead to offeror’s quote not being considered for award.

The Government reserves the right to make partial orders from one RFQ, and to award to multiple vendors to achieve the best value determination in placing individual orders.

OPEN MARKET REQUEST FOR QUOTATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is not a small business set-aside, therefore, any responsible source may submit a quote. This is an OCONUS requirement: FAR

19.000(b) applies. This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2022-03 and Defense Federal Acquisition Regulations Supplement Publication Notice

(DPN) 20211230.

THIS NOTICE CONSTITUTES THE ONLY SOLICITATION.

BPA TERMS AND CONDITIONS

BLANKET PURCHASE AGREEMENT (BPA) TERMS AND CONDITIONS

(IN ACCORDANCE WITH FAR 13.303-3)

Description of BPA. The U.S. Government intends to establish a Blanket Purchase Agreement (BPA) with one or more responsible companies/individuals that can provide Hazardous Material in accordance with the Description of the Requirement for Pool, Sewage and Water Facilities across Marine Corps Installations Pacific – Marine Corps

Base Camp Butler (MCIPAC-MCBB) in Okinawa, Japan. The contractor shall provide supplies when requested by the Contracting Officer or the authorized representative of the Contracting Officer in accordance with the terms and conditions listed herein for a period of five (5) years from the date of establishment of this agreement. BPA PSC is

6810 and North American Industry Classification System (NAICS) is 325180 – Other Basic Inorganic Chemical

Manufacturing.

The government intends to place calls for delivery of items at the estimated frequency and quantity listed in Table 1 below.

The actual frequency and quantity delivered may fluctuate based on operational requirements. The government will request deliveries in accordance with offerors delivery terms identified in Exhibit A below. In the event the contractor is not able to deliver an item within the required timeframe, contractor shall notify the acceptor immediately.

The contractor shall communicate with the government’s acceptor at least one day before delivery to coordinate and confirm the location and delivery time.

1.0. Safety Requirements:

1.1 Safety: It is the Contractor’s responsibility to ensure the safety of their personnel. Requirements for safety will be strictly adhered to as they pertain to contractor operations and as required. The Contractor shall implement safety practices in accordance with Marine Corp Base Safety policies

i) Marine Corps Order P5100.8F - Marine Corps Occupational Safety and Health Program. (Ref. a)

Note: MCO P5100.8F lists specific safety programs that are triggered by conditions identified within the

Scope of Work that require a separate program to be established by the contractor.

Ref. a): http://www.marines.mil/unit/safety/Pages/Occupational_Safety_Health.aspx

ii) 29 CFR 1910 - Occupation Safety and Health Act (OSHA) Standards (Ref. b)

Ref. b): http://www.osha.gov/comp-links.html

1.2 Truck Operation:

1) Truck/Vehicle operation shall be executed in compliance with all applicable traffic regulations/requirements both on and off base. Vehicle operators shall maintain all current training and required certifications.

2) Preventing any debris from falling off trucks. All loads will be placed and secured on vehicles so as to prevent shifting or loss of the load while in transit. All loads will be inspected by the contractor’s safety supervisor prior to dispatching them.

1.3 Delivery to various Camps and Stations:

1.3.1 Table 1 lists the items that will require delivery to the various Marine Corps Installations Pacific Camps and Stations. The government anticipates the requirement for these items will have seasonal variances. The anticipated schedule is for planning purposes only. The contractor shall deliver Hazardous Materials/Chemicals to the Marine Corps facilities listed below o Region 1 - Camp Kinser, MCAS Futenma, Camp Foster, Camp Lester, http://www.marines.mil/unit/safety/Pages/Occupational_Safety_Health.aspx http://www.osha.gov/comp-links.html o Region 2 - Camp Courtney, Camp McTureous, Camp Hansen, Camp Schwab o Region 3 – Taiyo Golf Course

Table 1: Delivery required at various Camps and Stations specified at the order level.

NSN HZ-TYPE DESCRIPTION

SUMMER

Schedule

WINTER

Schedule

Delivery

Regions

Apr - Nov Dec – Mar

6810MC0008869 WATER

POLYALUMINUM

CHLORIDE BULK

Once (1)

Month

Once (1)

Month

6810MC0009217 POOL

SODIUM

HYPOCHLORITE

BULK

Twice (2) / week

Once (1) / week 1,2

6810MC0009217 WATER

SODIUM

HYPOCHLORITE

BULK

Once (1) / week

Once (1) / week

6810MC0009217 SEWAGE

SODIUM

HYPOCHLORITE

BULK

Once (1) / week

Once (1) / week

6810MC0020617 WATER

SODIUM HYDROXIDE

SOLUTION (48%)-LITER

Once (1)

Month

Once (1)

Month

6810MC0020618 WATER

SULFURIC ACID

DILUTE (60%)-LITER

Once (1)

Month

Once (1)

Month

1.3.2 Table 2 lists items that will require delivery to the HMMC Warehouse, Bldg 500, Camp Kinser, Okinawa, Japan. The government anticipates the requirement for these items will have seasonal variances. The anticipated schedule is for planning purposes only.

Table 2: Delivery required to HMMC Warehouse

NSN UOI DESCRIPTION

6810MC0009025 CONTAINER SULFURIC ACID DILUTE (60%)

6850MC0009040 CONTAINER HYDROCHLORIC ACID

6810MC0008943 BOX SODIUM HYPOCHLORITE

6810MC0008964 BOX POLYALUMINUM CHLORIDE (PAC)

6810MC0016449 CAN METHANOL, 50%

6850MC0008841 BOX HI-CHLON TABLET

6850MC0017628 BOX HIPOLKA NEW- WS

6810MC0008961 BAG EBAGROS B-168 ACRYLIC POLYMER

1.5 Damage to Government Property and Facilities: In instances where Government Property or Facilities have been damaged by the Contractor, a full report of the facts and extent of damages shall be submitted to the

Contracting Officer within 24 hours following the incident. If the Contractor is found to be negligent, the

Contractor may be held responsible for all expenses related to the damages.

1.6 Police and Fire Protection: The following telephone numbers are provided to the contractor in the event of an emergency:

Camp Foster Camp Kinser Camp Courtney Camp Hansen MCAS Futenma

Emergency 911 (On-Base) 098-911-1911 (Off-Base)

Provost

Marshall 645-3504 637-3500 622-9608 623-4165 636-3140

Fire Protection 645-3776 637-1263 622-7417 623-4217 636-3117

Security Police 645-7441 637-1730 622-9690 623-4166 636-3410

Direct in-dial from Off base:

The Marine Corps Base has direct-in-dial from off base, including from cell phones for many base Defense Switch Network telephone numbers. Below is a list of the numbers.

622, from off base dial 954

623, from off base dial 969

645, from off base dial 970

646, from off base dial 971

Examples:

If DSN is 622-1234, from off base dial (098) 954-1234.

If DSN is 623-2345, from off base dial (098) 969-2345.

If DSN is 645-3456, from off base dial (098) 970-3456.

If DSN is 646-4567, from off base dial (098) 971-4567.

1.7 Regulations: The Hazardous Materials/Chemicals provided shall be in compliance with U.S. Federal law and regulatory standards, the Government of Japan, Okinawa prefecture municipalities laws, regulations and policies including the Japanese Environmental Governing Standards (JEGS), as applicable to delivery of hazardous material.

Below is a non-exhaustive the list of applicable references:

- Japan Environmental Governing Standards (JEGS)(updated Mar 2020) found at:

https://www.usfj.mil/Resources/JEGS/

- OSEMarine Corps Occupational Safety and Health (OSH) Program Manual) (Marine Corps Order (MCO)

5100.8F) (updated May 2006) found at:

https://www.marines.mil/News/Publications/MCPEL/Electronic-Library-Display/Article/899672/navmc-dir-51008/

- MS Safety Program (MCO 5100.29C) (updated Oct 2020) found at:

https://www.marines.mil/News/Messages/Messages-Display/Article/2442395/publication-of-marine-corps-order- 510029c-marine-corps-safety-management-system/

- Occupation Safety and Health Act (OSHA) Standards (29 CFR Part 1910.133) (updated Jul 2021) found at:

https://ecfr.federalregister.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-I/section-1910.133

Contractors with highly hazardous chemicals, at or above the specified threshold quantities defined in the JEGS referenced above shall develop plans documenting systematic analysis of potential hazards for every step in their processes. This shall include safe operating procedures, training requirements on specific safety and health hazards, emergency operations, safe work practices, inspection and maintenance and mishap investigation and reporting procedures.

2.0 CONTRACTOR PROPERTY

2.1: Contractor Furnished Personal Property: The Contractor shall ensure that personal property is clearly marked and identified to preclude misidentification as Government property. The Government will not be liable for loss, damage, theft, or maintenance of personal property.

2.2: Rental Equipment: Any rental equipment required to perform services will be the responsibility of the

Contractor. Operation of the equipment shall be in accordance with Marine Corps Base Safety Regulations.

3.0 ORDERING PROCEDURES AND ADMINSTRATION DATA

3.1 Extent of Obligation. The Government shall only be obligated under this BPA to the extent of the authorized calls actually placed by authorized personnel identified by the Contracting Officer. Contracting Officers will consolidate all orders placed by authorized individuals monthly on a call for invoicing purposes. Any individual order exceeding $10,000.00 will be issued on a call placed by Contracting Officers.

3.2 Historical Quantity Estimates. The contractor should be aware that quantities and frequencies listed in Table

1 are estimates and the actual quantities, and frequencies ordered against the BPA may be different based on operational requirements.

3.3 Purchase Limitation. No individual call placed against this agreement will exceed ($10,000.00 per authorized caller per call, $250,000.00 if ordered by a warranted Contracting Officer) unless specifically approved by the

Contracting Officer. The total value of all call orders placed under this BPA is (Amount will be determined upon establishment of per agreement).

3.4 Individuals Authorized to Purchase Under the BPA. A list of authorized positions or individuals will be provided to the Contractor upon establishment of agreement. Contractor is responsible for proper verification of authorized position. The Contractor shall record the individual name of the person that make call(s) in accordance with their authorized position.

3.5 Delivery Tickets. Each delivery will be accompanied by a delivery ticket which will contain all of the following information (as a minimum):

6.1. Name of supplier

6.2. BPA number

6.3. Date of call and call number

6.4. Name of person placing the call

6.5. Itemized list of supplies furnished

6.6. Quantity, unit price, and extension of each item, less applicable discount

6.7. Date of delivery

3.6 Invoices. A summary invoice shall be submitted monthly for all supplies provided during a billing period, identifying the delivery tickets covered therein, stating their total value, and supported by receipted copies of the delivery tickets. Based on the provided summary, the Contracting Officer will issue a call in order to allow the contractor to invoice through Wide Are Work Flow (WAWF).

3.7 Electronic Payment. Wide Area Workflow (WAWF) shall be the only the method of payment for this BPA in accordance with DFARS Clause 252.232-7006.

3.8 Terms of Review. This BPA shall be reviewed on an annual basis prior to the anniversary date of BPA establishment. The Contracting Officer shall conduct an annual review of BPA Call Orders placed under this BPA in accordance with FAR 13.303-6 so that the Contracting Officer can:

- Ensure proper procedures are being followed by the authorized callers.

- Award new BPA’s if changes in the market conditions, such as pricing, have occurred;

- Discontinue the BPA with firms to whom orders have not been issued;

- Update the BPA if necessary

3.9 Modifications. Any changes, additions or deletions to this BPA shall be made by written modification by the

USMC Regional Contracting Office only.

3.10 Completion of BPA. A BPA is considered complete when all authorized purchases made under it equal the

BPA’s total maximum dollar limitation, if any, when its stated time period expires or in the event the BPA is cancelled by either party. This agreement may be terminated upon 30 days written notice by either party.

4.0 BASE ACCESS

Base Passes for Contractor Employees: The Contractor shall submit a request for base passes for its employees to

MCIPAC Marine Corps Regional Contracting Office. The Contracting Office will provide all the required form upon request from the Contractor. The Contractor shall be responsible for all passes issued to its employees and its sub-contractor’s employees under this BPA. The Contractor shall return all applicable base passes upon termination of employment or completion of this BPA to the Pass and Identification Section and certification of receipt shall be obtained. The Contractor shall submit a listing of all employees terminated to the Contracting Officer within seven

(7) days of the effective date of termination.

The Contractor will not be allowed to bring any employees aboard MCB Butler facilities from countries listed in under USFJ Instruction 31-204 (Designated Third Country Nationals).

5.0 ADDITIONAL REQUIRED INSURANCE FOR JAPAN

(a) All vehicles must be properly inspected/Insured in accordance with Japanese Compulsory Insurance (JCI). The

Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance on each vehicle used by the Contactor at the work site: Type: Automobile Property Damage Insurance Amount: JPY30, 000,000 (or U.S. Dollar equivalents) Bodily Injury Insurance Amount: JPY30, 000,000

(or U.S. Dollar equivalents)

6.0. JAPANESE ROAD LAWS

The Japanese Road Law will be complied with by the Contractor while on U. S. Military installations to specifically include:

(a) Article 43 The Road Law (Japan)(prohibitive acts relative to roads)

(1) No person shall commit the following described acts:

(2) Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fall out from motor vehicles or otherwise defacing roads unreasonably or without due cause.

(b) Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out)

(1) The agency managing a road may when there is reasonable cause for him to feel that things or cargo being carried in or on a motor vehicle may fall out and damage, pollute or otherwise deface the road in such a manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping the operation of the vehicle or correcting the method of loading or the method of traveling or operation of the vehicle.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

WATER TREATMENT CHEMICALS

FFP

Water Treatment Chemicals to be delivered in accordance with the terms and condition of this contract at those prices established under Exhibit A.

BPA Period: 01 Jun 2022 ~ 31 May 2027

FOB: Destination

PSC CD: 6810

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2022 TO

31-MAY-2027

N/A FACILTY MAINTENANCE SUPPLY

AKIKO TSUHA

FACILITIES MAINTENANCE SUPPLY

BLDG#362 CAMP FOSTER

FPO AP 96373-5001

645-2605 FOB: Destination

M20233

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

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

52.204-20 Predecessor of Offeror AUG 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

DEC 2021

52.212-2 Evaluation - Commercial Items DEC 2021

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2021

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-18 Availability Of Funds APR 1984

52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.237-8 Restriction on Severance Payments to Foreign Nationals AUG 2003

52.242-13 Bankruptcy JUL 1995

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

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

252.232-7003 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

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7007 Liability and Insurance DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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

___ (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. 2402).

___ (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

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

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

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

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN

2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

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

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and

13514).

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

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

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

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

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

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

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

____ (50) 52.225-5, Trade Agreements (OCT 2019) 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. 2302 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) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31

U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

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

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

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

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

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

Officer check as appropriate.]

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

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

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

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

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

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

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

(xi) 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.

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

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

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

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

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

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 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)

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS--NOTICE AND REPRESENTATION (JUN

2020)

(a) Definitions. As used in this provision--

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

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

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. 701(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) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-

1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue

Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. 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. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--

(1) It [_]is [_]is not a foreign person; and

(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract;

and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign

Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue http://www.irs.gov/w14 ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (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.

https://www.irs.gov/help/tax-law-questions http://www.irs.gov/w14

(d) The Government will withhold a full…