New Solicitation for Xerox maintenance services 2021 - Final.pdf

AUTORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR9729012

PAGE 1 OF 75 PAGES

2. CONTRACT NO. 3. AWARD/ EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

19EG3021Q0005

6. SOLICITATION ISSUE

DATE

04/19/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Hany B. Gerguis

b. TELEPHONE NUMBER(No collect calls) 2797-3305

8. OFFER DUE DATE/

LOCAL TIME

05/20/2021 / 02:00

9. ISSUED BY CODE EG300 10. THIS ACQUISITION IS x UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

EDWOSB EMERGING SMALL BUSINESS

AMERICAN EMBASSY CAIRO

US EMBASSY CAIRO 8 KAMAL EL DIN SALAH, ATTN:

PROCUREMENT/CONTRACTING OFFICE

CAIRO 11519

EGYPT

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS 8 (A) SIZE STANDARD:

13b. RATING11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

x RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

AMERICAN EMBASSY CAIRO

US EMBASSY CAIRO 8 KAMAL EL DIN

SALAH, ATTN: SPM RECEIVING OFFICE

CAIRO 11519

EGYPT

AMERICAN EMBASSY CAIRO

US EMBASSY CAIRO 8 KAMAL EL DIN SALAH, ATTN: PROCUREMENT/CONTRACTING OFFICE

CAIRO 11519

EGYPT

CODE FACILITY

CODE

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY CAIRO

US EMBASSY CAIRO 8 KAMAL EL DIN SALAH, ATTN:

FINANCIAL MANAGEMENT OFFICE - DBO

CAIRO 11519

EGYPT

CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_ COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _ _______________ OFFER DATED

_ __________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO 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

X

X

X

ITEM NO. 20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Xerox maintenance services Solicitation No. 19EG3021Q0005 American Embassy Cairo, Egypt Page 3 of 75

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19EG3021Q0005, Prices, Block 23

• Continuation To SF-1449, RFQ Number 19EG3021Q0005, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1: Description/Specifications/Performance Work Statement, Government Furnished Property

• Attachment 2: Government-Furnished Property (GFP)

Section 2 - Contract Clauses

• Contract Clauses

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

Section 3 - Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 - Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

American Embassy Cairo, Egypt Page 4 of 75

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19EG3021Q0005

PRICES, BLOCK 23

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT

OF 2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES,

PAYMENTS SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO

AN EXCISE TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

I. PERFORMANCE WORK STATEMENT

A. The purpose of this firm fixed price contract is to acquire the service of an experienced firm to perform the repair and maintenance services for the Xerox photocopiers in accordance with Attachment 1.

B. The contract will be for a one-year period from the date of the contract award, with 4 one-year options. The period of performance for the base year period will be from December 1st, 2021 through November 30th, 2022.

II. PRICING

Local companies are to submit proposal in local currency; however, interested firms located in the U.S. will be paid in dollars.

The remainder of this page is intentionally blank.

American Embassy Cairo, Egypt Page 5 of 75

Base year price 2021-2022

Standard Service

The contractor firmed fixed monthly price for maintenance and repair for each type of Xerox copier shall include costs of labor, equipment, spare parts, consumables, lubricants, transportation, administration contract overhead and profit. Prices will not include taxes.

Qty Description Model

Number

Monthly

Charges

EGP

Copy

Volume

Extra

Copy

EGP

1 DECA 5225

1 Consular Section 5335

1 Consular Section 7125

1 FCS 7765

1 LES Health Unit 5330

1 FAC/Admin AREA - ESSA 5765

1 GSO/TSC - CAIRO II, 4th FL. 5765

1 PROC - CAIRO II, 3FL 5765

1 ESSA 5765

1 SPM/DATA ENTRY - ESSA 5765

1 SPM/ESSA - KORDY'S OFF. 5765

1 FMC 5765

1 FMC - CAIRO II, 3RD FL 5765

1 FMC - CAIRO II, 3RD FL 5765

1 HR 5765

1 RSO 5846

1 FAC 5848

1 FAC 7835

1 FMC 7855

1 SPM 5021D

1 PA - CAIRO II, 2FL 2551

1 IRC 5875

1 PA 7530

1 PA 7530

1 LES Health Unit (AID) 5330

1 ECON 3615

1 LGP 5875

1 RSO (USAID) 5330

1 LOC 5330

1 PA 5865

1 HR 5330

1 IRC 5865

1 CMR 3635

American Embassy Cairo, Egypt Page 6 of 75

1 ORA 6515

1 MP Workshop (Hossam) B8045

1 LOC B8055

1 MP basement office B7035

1 IMO/ISC - CAIRO II, 4FL B8055

1 Consular Section C8055

1 Health Unit - CAIRO I, 5FL C8055

1 Health Unit - CAIRO I, 5FL C8035

Total price for all copiers: EGP

American Embassy Cairo, Egypt Page 7 of 75

First option price 2022-2023 copier shall include costs of labor, equipment, spare parts, consumables, lubricants, transportation, Number

Monthly

Charges

EGP

Copy

Volume

Extra

Copy

EGP

1 DECA 5225

1 Consular Section 5335

1 Consular Section 7125

1 FCS 7765

1 LES Health Unit 5330

1 FAC/Admin AREA - ESSA 5765

1 GSO/TSC - CAIRO II, 4th FL. 5765

1 PROC - CAIRO II, 3FL 5765

1 ESSA 5765

1 SPM/DATA ENTRY - ESSA 5765

1 SPM/ESSA - KORDY'S OFF. 5765

1 FMC 5765

1 FMC - CAIRO II, 3RD FL 5765

1 FMC - CAIRO II, 3RD FL 5765

1 HR 5765

1 RSO 5846

1 FAC 5848

1 FAC 7835

1 FMC 7855

1 SPM 5021D

1 PA - CAIRO II, 2FL 2551

1 IRC 5875

1 PA 7530

1 PA 7530

1 LES Health Unit (AID) 5330

1 ECON 3615

1 LGP 5875

1 RSO (USAID) 5330

1 LOC 5330

1 PA 5865

1 HR 5330

American Embassy Cairo, Egypt Page 8 of 75

1 LOC B8055

1 MP basement office B7035

1 IMO/ISC - CAIRO II, 4FL B8055

1 Consular Section C8055

American Embassy Cairo, Egypt Page 9 of 75

Second option price 2023-2024 copier shall include costs of labor, equipment, spare parts, consumables, lubricants, transportation, Number

Monthly

Charges

EGP

Copy

Volume

Extra

Copy

EGP

1 DECA 5225

1 Consular Section 5335

1 Consular Section 7125

1 FCS 7765

1 LES Health Unit 5330

1 FAC/Admin AREA - ESSA 5765

1 GSO/TSC - CAIRO II, 4th FL. 5765

1 PROC - CAIRO II, 3FL 5765

1 ESSA 5765

1 SPM/DATA ENTRY - ESSA 5765

1 SPM/ESSA - KORDY'S OFF. 5765

1 FMC 5765

1 FMC - CAIRO II, 3RD FL 5765

1 FMC - CAIRO II, 3RD FL 5765

1 HR 5765

1 RSO 5846

1 FAC 5848

1 FAC 7835

1 FMC 7855

1 SPM 5021D

1 PA - CAIRO II, 2FL 2551

1 IRC 5875

1 PA 7530

1 PA 7530

1 LES Health Unit (AID) 5330

1 ECON 3615

1 LGP 5875

1 RSO (USAID) 5330

1 LOC 5330

1 PA 5865

1 HR 5330

American Embassy Cairo, Egypt Page 10 of 75

1 LOC B8055

1 MP basement office B7035

1 IMO/ISC - CAIRO II, 4FL B8055

1 Consular Section C8055

American Embassy Cairo, Egypt Page 11 of 75

Third option year price 2024-2025 copier shall include costs of labor, equipment, spare parts, consumables, lubricants, transportation, Number

Monthly

Charges

EGP

Copy

Volume

Extra

Copy

EGP

1 DECA 5225

1 Consular Section 5335

1 Consular Section 7125

1 FCS 7765

1 LES Health Unit 5330

1 FAC/Admin AREA - ESSA 5765

1 GSO/TSC - CAIRO II, 4th FL. 5765

1 PROC - CAIRO II, 3FL 5765

1 ESSA 5765

1 SPM/DATA ENTRY - ESSA 5765

1 SPM/ESSA - KORDY'S OFF. 5765

1 FMC 5765

1 FMC - CAIRO II, 3RD FL 5765

1 FMC - CAIRO II, 3RD FL 5765

1 HR 5765

1 RSO 5846

1 FAC 5848

1 FAC 7835

1 FMC 7855

1 SPM 5021D

1 PA - CAIRO II, 2FL 2551

1 IRC 5875

1 PA 7530

1 PA 7530

1 LES Health Unit (AID) 5330

1 ECON 3615

1 LGP 5875

1 RSO (USAID) 5330

1 LOC 5330

1 PA 5865

1 HR 5330

American Embassy Cairo, Egypt Page 12 of 75

1 LOC B8055

1 MP basement office B7035

1 IMO/ISC - CAIRO II, 4FL B8055

1 Consular Section C8055

American Embassy Cairo, Egypt Page 13 of 75

Fourth option year price 2025-2026 copier shall include costs of labor, equipment, spare parts, consumables, lubricants, transportation, Number

Monthly

Charges

EGP

Copy

Volume

Extra

Copy

EGP

1 DECA 5225

1 Consular Section 5335

1 Consular Section 7125

1 FCS 7765

1 LES Health Unit 5330

1 FAC/Admin AREA - ESSA 5765

1 GSO/TSC - CAIRO II, 4th FL. 5765

1 PROC - CAIRO II, 3FL 5765

1 ESSA 5765

1 SPM/DATA ENTRY - ESSA 5765

1 SPM/ESSA - KORDY'S OFF. 5765

1 FMC 5765

1 FMC - CAIRO II, 3RD FL 5765

1 FMC - CAIRO II, 3RD FL 5765

1 HR 5765

1 RSO 5846

1 FAC 5848

1 FAC 7835

1 FMC 7855

1 SPM 5021D

1 PA - CAIRO II, 2FL 2551

1 IRC 5875

1 PA 7530

1 PA 7530

1 LES Health Unit (AID) 5330

1 ECON 3615

1 LGP 5875

1 RSO (USAID) 5330

1 LOC 5330

1 PA 5865

1 HR 5330

American Embassy Cairo, Egypt Page 14 of 75

1 LOC B8055

1 MP basement office B7035

1 IMO/ISC - CAIRO II, 4FL B8055

1 Consular Section C8055

III. 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.

American Embassy Cairo, Egypt Page 15 of 75

CONTINUATION TO SF-1449,

RFQ NUMBER 19EG3021Q0005

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

American Embassy Cairo, Egypt Page 16 of 75

Attachment 1

Performance Work Statement

Summary

The Contractor shall provide all necessary labor, transportation, equipment and supervision required to perform inspection, maintenance, repair and component replacement as required to maintain all copiers listed under Attachment 2 at optimal performance level. Repair and maintenance services shall be in accordance with manufacturers specifications. Services also shall include a full time on-site service engineer as back-up maintenance and supervisory assistance for all copiers covered under this contract at no additional cost to the U.S. Government.

Maintenance and repair services shall be performed in accordance with Xerox's world-wide maintenance and repair program (which includes all spare parts necessary for repair, consumables, except paper, with exception of repairs for repeated mishandling of equipment and damage due to lack of adequate voltage stabilizer protection of equipment). The full-time on-site service engineer must be trained in the repair and maintenance of all copiers listed in Attachment 2 under “Description of Equipment (Xerox Model)”, heading. If a new copier model is purchased by the Government, the Contractor shall, as soon as practical, schedule the full-time on-site service engineer for the training on the new product.

Maintenance and Repair Records The Contractor's full-time on-site service engineer shall establish a maintenance record card for each copier covered under this contract. This card shall include the serial number, Embassy inventory (NEPA) number, location of copier, service record, replacement parts and other pertinent information as required by the Contracting Officer Representative (COR) for this contract.

Repair Referral The full-time on-site service engineer shall report immediately to the COR any problems beyond his ability to repair and will notify the COR of any machine that is not suitable for use in an office due to the following factors, and will follow-up with recommendation:

1. Capacity of machine: According to repair records, copier does not have sufficient capacity for the average number of monthly copies.

2. Abuse of copier: According to maintenance records, copiers are suffering an unusual number of repairs due to mishandling by operators.

3. Location of Copier: Location is not suitable due to dust, moisture, etc.

4. Age of copier: Copier is obsolete and continued usage is not economical or efficient due to frequent repairs and non-availability of spare parts.

Consumables The Contractor shall maintain an adequate supply of consumables (exclusive of paper), such as a toner, required to keep all copiers in good operating condition during the duration of this contract at no additional cost to the Government. The full-time on-site service engineer shall be solely responsible for all supplies kept at the American Embassy.

Working Hours

American Embassy Cairo, Egypt Page 17 of 75

The full-time on-site service engineer(s) shall be present at the Embassy between the hours of 8:00 AM through 4:30 PM, Sunday through Thursday, except on holidays designated in the U.S.

Embassy holiday calendar. The Contractor must provide the Embassy with a replacement service engineer when the full-time on-site service engineer is unable to perform (i.e. leave).

Record of Copiers Space inspection: The full-time on-site service engineer shall inspect all copiers which have been relocated to ensure their sufficient operation. In the event that a copier has been damaged during a move or relocation, the full-time on-site service engineer shall be responsible for notifying the COR in writing detailing actual damage. The COR is responsible for notifying the Contracting Officer and the full-time on-site service engineer of any anticipated movement or relocation of Government-owned copiers. The full-time on-site service engineer must inspect the machine(s) before operation in the new location.

Inventory of Copiers Under Maintenance Contract The full-time on-site service engineer shall coordinate with the COR to ensure that any changes to the list of copiers under this contract are acknowledged and documented, and both shall notify the Contracting Officer. On a quarterly basis, the full-time on-site service engineer shall provide the COR with an up-to-date list of copiers and their locations as determined by the maintenance card of each machine.

Spare Parts The Contractor is responsible for ensuring that spare parts for all copiers covered under this contract are readily available. In the event that a copier under this contract becomes obsolete and spare parts are not available, the Contractor shall notify the COR, in writing, at least ninety days in advance.

Major Repairs In the event major repairs for any copiers covered under this contract become necessary and the repairs are due to exclusions as stated in Xerox's worldwide maintenance agreement, the Contractor's full-time on-site service engineer shall be responsible for obtaining advance approval from the COR for the purchase of any spare parts needed. Any repairs with a value that exceeds L.E. 100.00 must have advance written approval by the COR before installation may begin.

Failure to obtain this approval may result in a delay or rejection of payment.

Staff Conduct The Contractor's full-time on-site service engineer shall be courteous to all Government employees during performance of duties under this contract. In the event that a problem arises with any Government employee, the full-time on-site service engineer shall report the problem to the COR immediately. If the Contracting Officer or the COR receive repeated complaints on the full-time on-site service engineer conduct, the Contracting Officer will notify the Contractor's Field Service Manager in writing. If the problem cannot be resolved within a 30-day period, the Contractor shall replace the full-time on-site service engineer. The replacement engineer should be equally qualified and will be subject to all the security procedures required for clearance of personnel working inside U.S. Embassy.

American Embassy Cairo, Egypt Page 18 of 75

Routine Maintenance The Contractor full-time on-site service engineer is responsible for routine and preventive maintenance, repair and service calls for of all copiers covered under this contract. Routine maintenance shall include, but not be limited to the following:

1. Check toner levels and replace toner as necessary.

2. Check the resolution of copies, making adjustments as necessary.

3. Clean the cleanliness of the photocopier glass to improve the quality of copies (for example, unclear, blurry, blotchy, smudged or smeared copies).

4. Check the machine for any broken attachments (i.e. paper tray, feeder).

5. Check to ensure that the copier is properly connected to electrical outlets with adequate supplies, and that a working voltage stabilizer is connected and in use with each copier.

6. Confirm copiers covered under this contract are positioned or placed in appropriate locations (for example, away from windows, construction, possible water damage)

7. Check for signs of obvious mishandling of equipment (for example, if the copy cover or door has been repeatedly forced).

8. Check and verify if the paper used in the machine is of the proper size and type.

9. Check the copy usage for copiers covered under this contract in order to determine if there is an unusually high usage for each machine’s capacity. Any problems noted during the routine maintenance check shall be communicated to the COR, in writing, by the full-time on-site service engineer, with recommended solutions.

Key Operator Training The Contractor shall provide a key operator training schedule to the COR within one week of delivery of each new copier. The COR shall provide the schedule to the Contracting Officer for approval before training commences.

Meter Reading The Contractor’s full-time on-site service engineer will be given access to office in Embassy compound in order to take meter readings for the purpose of calculating charges due. The COR or his designated representative will accompany the full-time on-site service engineer and verify each reading. The Contractor's employees are subject to Embassy Security Requirements.

Access to Government Building The full-time on-site service engineer assigned to provide services at the U.S. Embassy shall be on site only for contractual duties and not for any other business or purposes. Access to the Cairo I and Cairo II, either with or without security escort, shall be allowed only with specific permission by either the Contracting Officer or the COR.

Standard of Conduct

a) In general, the Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government shall be responsible for taking such disciplinary action with respect to employees and reserves the right to direct the Contractor

American Embassy Cairo, Egypt Page 19 of 75 to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

b) Uniforms. The Contractor's employees shall wear clean, neat and identifiable uniforms, although not necessarily identical uniforms. All employees shall wear accreditation at all times.

c) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also prohibited is participation in disruptive activities that interfere with normal and efficient Government operations.

d) Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or any substances that produce similar effects.

e) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

• Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct;

• Unethical or improper use of official authority or credentials; security violations; or, organizing or participating in gambling in any form.

Security General. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall be used on this contract to the COR in advance of any access request.

Identity Cards. The Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall visibly display identity card(s) on their uniforms at all times while providing services under this contract. These identity cards are the property of the Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government.

LAWFUL OPERATION, PERMITS, AND INDEMNIFICATION

a) Bonds. The Government imposes no bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.

b) Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by host country law or agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any

American Embassy Cairo, Egypt Page 20 of 75 other benefit, the Contractor is responsible for payments of these costs and must include them in the fixed prices in this contract.

c) Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this contract. The Contractor's assumption of absolute liability is independent of any insurance policies.

QUALITY ASSURANCE PLAN (QAP)

This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QAP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.

The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective PWS Performance Threshold

Services.

Performs all services set forth in the Performance Work Statement (PWS)

Attachment 1 All required services are performed and no more than three

(3) customer complaints are received per month

1. SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

2. STANDARD. The performance standard is that the Government receives no more than three (3) customer complaints per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.

3. PROCEDURES.

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed, they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant.

The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available.

The COR shall determine how much time is reasonable.

(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.

American Embassy Cairo, Egypt Page 21 of 75

(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.

American Embassy Cairo, Egypt Page 22 of 75

ATTACHMENT 2

GOVERNMENT-FURNISHED PROPERTY

The Government shall make the following property available to the Contractor as Government- Furnished Property (GFP) for performance under the contract.

DESCRIPTION OF

EQUIPMENT

(XEROX MODEL)

SERIAL

NUMBER

ACQUISITION

COST

(EACH)

PROPERTY

CONDITION

CODE

QTY DATE OF

ACQUISITION

2551 URL046636 $11,000.00 3 1 2006

3615 3375731532 $900.00 1 1 2016

3635 3968818693 $2,000.00 1 1 2012

5225 3316067432 $4,780.00 2 1 2011

5330 3322160460 $7,200.00 2 1 2012

5330 3322161327 $7,200.00 2 1 2012

5330 3322533780 $7,200.00 1 1 2015

5330 3322533909 $600.00 1 1 2016

5330 3322689380 $7,200.00 1 1 2016

5335 3322407601 $9,350.00 1 1 2014

5765 4135534 $15,000.00 2 1 2011

5765 3644125385 $15,000.00 2 1 2011

5765 3644131270 $15,000.00 2 1 2011

5765 3644133760 $15,000.00 2 1 2011

5765 3644135380 $15,000.00 2 1 2011

5765 3644135577 $15,000.00 2 1 2011

5765 3644136034 $13,000.00 2 1 2011

5765 3646988410 $14,800.00 1 1 2012

5765 3646988429 $14,800.00 1 1 2012

5765 3646988801 $15,000.00 1 1 2012

5846 3660189172 $11,380.00 1 1 2013

5848 3640126395 $11,380.00 1 1 2013

5865 3665558354 $14,800.00 1 1 2015

5865 3667833352 $11,500.00 1 1 2017

5875 3660566316 $20,000.00 1 1 2014

5875 3667860589 $17,880.00 1 1 2017

6515 3378905329 $7,000.00 1 1 2020

7125 3323143470 $7,639.45 1 1 2013

7530 3906299878 $9,535.00 1 1 2013

7530 3906300663 $9,535.00 1 1 2013

7765 3512582485 $20,000.00 2 1 2010

7835 3912426369 $15,500.00 1 1 2014

7855 3913739905 $29,912.00 1 1 2013

5021D 3331703850 $1,350.00 1 1 2014

B7035 3390624793 $6,200.00 1 1 2018

B8045 3668099059 $8,500.00 1 1 2018

B8055 3668073149 $7,850.00 1 1 2019

B8055 3668136027 $6,000.00 1 1 2018

C8035 3717765760 $6,000.00 1 1 2019

C8055 3712040210 $9,000.00 1 1 2019

American Embassy Cairo, Egypt Page 23 of 75

C8055 3712195605 $7,250.00 1 1 2019

American Embassy Cairo, Egypt Page 24 of 75

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT

2018) and (DEVIATION 2017-02) (JUNE 2017, is incorporated by reference (see SF-1449, Block 27A)

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

EXECUTIVE ORDERS-COMMERCIAL ITEMS (NOV 2020)

(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 items:

(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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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 items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN

2020) (41 U.S.C. 3509)).

American Embassy Cairo, Egypt Page 25 of 75

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

_ X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_ X _ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN

2020) (31 U.S.C. 6101 note).

_ X _ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR

2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (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)).

American Embassy Cairo, Egypt Page 26 of 75

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN

2020) (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 (JUN 2020) 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 (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN

1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (MAR 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV

2020) (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 (MAR 2020) (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 (Mar2020) (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 (MAR 2020) (15U.S.C. 637(a)(17)).

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

_ X _ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

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

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

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

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

American Embassy Cairo, Egypt Page 27 of 75

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

__ (32)

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

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

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

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_ X _ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT

2020) (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 (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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 (Jun2014) 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).

American Embassy Cairo, Egypt Page 28 of 75

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

_ X _ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (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) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY

2014) (41 U.S.C.chapter83, 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 (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

__ (iv) Alternate III (MAY 2014) 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).

_ X _ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

_ X _ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

_ X _ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB

2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ X _ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

American Embassy Cairo, Egypt Page 29 of 75

_ X _ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (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 (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (FEB 2006) of 52.247-64.

_ X _(64) 52.211-16, Variation in Quantity (Apr 1984)

(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 items:

__ (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 Under Executive Order 13658 (NOV 2020).

American Embassy Cairo, Egypt Page 30 of 75

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 items. 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 (JUN

2020) (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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

American Embassy Cairo, Egypt Page 31 of 75

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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 2015) (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 (OCT

2020) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) (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 (OCT 2015) (E.O. 12989).

American Embassy Cairo, Egypt Page 32 of 75

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 (FEB 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Add the following clause in full text:

52.229-12 Tax on Certain Foreign Procurements (JUN 2020)

(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—

American Embassy Cairo, Egypt Page 33 of 75

(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), 3ontractor 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.