19ES6024Q0062.pdf

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»5- ,r^ k-O Sirovs.' American Embassy San Salvador

July 03, 2024c●z-*i o

Prospective Quoters Request for Quotation reference 19ES6024Q0062

To:

Subject:

Enclosed is a Request for Quotations (RFQ) for construction materials. If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-1449

2. Section I, Pricing

3. Section 5 Representations and Certifications

4. Additional information as required in Section 3

5. Proof of SAM Registration

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror's proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Direct any questions regarding this solicitation in writing to cotoab@state.qov, no later than COB July 10.

Quotations are due by July 19, 2024 at 4.00pm, local time, by email in one (1) PDF document, to the same address. No quotations will be accepted after this time. Proposals must be in English language and incomplete proposals will not be accepted.

Sincerely, TABLE OF CONTENTS

Section 1 - The Schedule

● SF 1449 cover sheet

● Continuation To SF-1449, RFQ Reference 19ES6024Q0062, Prices, Block 23

● Continuation To SF-1449, RFQ Reference 19ES6024Q0062 Schedule Of Supplies, Block 20

Description/SpecifIcations/Work Statement

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 - Offeror Representations and Certifications

● Offeror Representations and Certifications

● Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

PAGE 3 OF 421. REQUISITION NUMBER

PR12684075

SOLICITATION FOR COMMERCIAL ITEMS /OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

6. SOLICITATION ISSUE DATE

07/03/2024

5. SOLICITATION NUMBER

19ES6024Q0062

4. ORDER NUMBER3. AWARD/EFFECTIVE DATE2. CONTRACT NO.

b. TELEPHONE NUMBER 503-25012808

8. OFFER DUE DATE/LOCAL TIMEa. NAME

Ana Beatriz Coto, GSO Procurement, cotoab@state.qov

7. FOR SOLICITATION

INFORMATION CALL: 07/19/2024 @ 4.00 PM

n SET ASIDE: %X UNRESTRICTED OR10. THIS ACQUISmON IS9. ISSUED BY

FOR:

□ WOMEN-OWNED SMALL BUSINESS□ SMALL BUSINESS

□ HUBZONE SMALL

BUSINESS

□ SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

American Embassy San Salvador

Boulevard Santa Elena Antiguo Cuscatlan, La LIbertad

El Salvador

□ (WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

NAICS:SMALL BUSINESS PROGRAM

□ EDWOSB

□ 8(A) SIZE STANDARD:

□ 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS(15CFR 700)

13b. RATING12. DISCOUNT TERMS11. DEUVERY FOR FOB DESTINATION UNLESS

BLOCK IS MARKED

H SEE SCHEDULE

14. METHOD OF SOLICITATION

XRFQ □ IFB □ RFP

CODE16. ADMINISTERED BY15. DEQVERTO

American Embassy San Salvador, Boulevard Santa Elena, Antiguo Cuscatlan, La LIbertad, El Salvador cotoab@state.aov

Venkatesh Ramachandran, Contracting Officer

FACILITY

CODE

CODE CODE17a. Contractor/Offeror 18a. PAYMENT WILL BE MADE BY American Embassy San Salvador. Financial Management Office

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK I8a UNLESS BLOCK

□ SEE ADDENDUMBELOW IS CHECKED

□ l7b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

24.22. 23.21.20.19.

AMOUNTUNIT PRICEQUANTITY UNITSCHEDULE OF SUPPUES/SERVICESITEM No.

LOTCONSTRUCnON MATERIALS

CONSOUDATED SHIPMENT TO SAN SALVADOR, EL SALVADOR

ALL12

26. TOTAL AWARD AMOUNT fiPbrtloiT. Use Only)25. ACCOUNTING AND APPROPRIATION DATA

X ARE □ ARE NOT ATTACHEDX 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER DATED .. YOURX 29. AWARD OF CONTRACT: REF.

OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.Your.□ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND E-MAIL TO COtoab@State.QOV. 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.

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

31c. DATE SIGNED 07/03/2024

31b. NAME OF CONTRACTING OFFICER (Type or print) Sadie Thimsen

30b. NAME AND TITLE OF SIGNER (Type orprint) 30c. DATE SIGNED

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE Computer Generated

SECTION 1 - THE SCHEDULE

CONTENUATEON TO SF-1449

RFQ REFERENCE 19ES6024Q0062

PRICES, BLOCK 23

I. SCOPE OF SERVICES

A. The Contractor shall furnish and deliver the following list of construction materials directly to the policia de Prevencion Ciudadana premises, San Salvador, El Salvador in accordance with the specifications and terms and conditions set forth herein.

Specifications of products required:

Line Description Unit

11" (3.35 m) 6 mm channel sheet p7 lunar gray duralite1

Lamina canal p7 gris lunar duralita 11" (3.35 m) 6 mm EA 495 2 Intermediate cover for duralite sheet p7 lunar gray

Funda intermedia para hoja duralita p7 gris lunar Final cover for duralite sheet p7 lunar gray Capote final para lamina duralita p7 gris lunar

EA 86

EA 10

4 Initial cover for duralite sheet p7 lunar gray

Capote inicial para lamina duralita p7 gris lunar Bent pin for sheet 1/4x5" (6.35 mm x 12.7 cm) Pin para lamina 1/4x5" (6.35 mm x 12.7 cm) doblado Washer for asphalt sheet pin Arandela para pin de lamina asfaltada

10EA

EA 1500

1500EA

7 Sikaflex 415 universal polyurethane sealant gray 600 ml

Sikaflex 415 universal sellador poliuretano gris 600 ml Premium thinner with container 1 gal (3.78 I) Thinner premium con envase 1 gal (3.78 I)

EA 10

GL 25

9 4" (101.6 mm) flexible spatula with plastic handle petrul 21517

Espatula 4" (101.6 mm) flexible con mango plastico petrul 21517 EA 4

Wire brush 4x14 or 4x15 first quality Cepillo de alambre 4x14 o 4x15 primera calidad Enamel paint fast dry qual prof black 19a0475936 1 gal(4l) Pintura esmalte fast dry qual prof negro 19a0475936

EA 4

GL 7

12 Bristle brush 4" (10.16 cm) master plastic handle bmal40 Brocha de cerda 4" (10.16 cm) mango plastico maestra bmal40 2"bristle brush (50.8 mm) master plastic handle bmal20 Brocha de cerda 2" (50.8 mm) mango plastico maestra Thread wipe

8EA

EA 5

Wipe de hilo LB 8 15 Blade 18mm Stanley 10143/sthtl0323-840

Cuchilla 18mm Stanley 10143/sthtl0323-840 EA 3

Water sanding 80 3m imperial Lija para aqua 80 3m imperial

EA 8

Blue painter tape 25 mm x 50 m17

Tirro para pintor azul 25 mm x 50 m RO 6 Numbers and letters mold 4'18

Numeros y letras molde 4' EA 1 19 Sponge for mason

ESPONJA PARA albahil EA 4

Numbers and letters mold 320 EA 1Numeros y letras molde 3'

191 qualitec white enamel paint 19a02276Q021 GL 40Pintura esmalte qualitec blanca 19a02276Q0 cub 19 I

19 I ultra accent qualitec enamel base 19a022760522 GL 30Base ultra accent qualitec esmalte 19a0227605

B. Bidder shall provide full specifications and pictures of the quoted materials in their proposal.

C. Five years of demonstrated experience as construction materials provider in El Salvador is required.

D. Bidder must have demonstrated business experience providing products or services to government or non governmental organizations.

E. Bidder must have at least a five-year permanent local representative to ensure experience in warranties to be resolved promptly at site.

II. PRICING.

This is a firm-fixed price type of purchase order/contract.

All prices are in USD.

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.

The prices listed below shall include al l labor, materials, overhead, profit, and transportation necessary to deliver the required items within 15 calendar days after day of contract award to:

Policia de Prevencion Ciudadana, Distrito de Antiguo Cuscatlan

Carretera Panamericana, Contiguo a Hacienda de los Miranda En sentido hacia Ceiba de Guadalupe

Antiguo Cuscatlan, La Liibertad, El Salvador

Unit TotalLine Description 11" (3.35 m) 6 mm channel sheet p7 lunar gray duralite Lamina canal p7 qris lunar duralita 11" (3.35 m) 6 mm

Price

EA 495

Intermediate cover for duralite sheet p7 lunar gray2

Funda intermedia para hoja duralita p7 qris lunar EA 86

Final cover for duralite sheet p7 lunar gray Capote final para lamina duralita p7 gris lunar

EA 10

Initial cover for duralite sheet p7 lunar gray Capote inicial para lamina duralita p7 qris lunar

EA 10

Bent pin for sheet 1/4x5" (6.35 mm x 12.7 cm) Pin para lamina 1/4x5" (6.35 mm x 12.7 cm) doblado Washer for asphalt sheet pin Arandela para pin de lamina asfaltada Sikaflex 415 universal polyurethane sealant gray 600 ml

EA 1500

EA 1500

Sikaflex 415 universal sellador poliuretano gris 600 ml EA 10

Premium thinner with container 1 gal C3.78 I) Thinner premium con envase 1 gal (3.78 I)

GL 25

4" (101,6 mm) flexible spatula with plastic handle petrul 21517 Espatula 4" U01.6 mm) flexible con mango plastico petrul 21517

EA 4

Wire brush 4x14 or 4x15 first quality10

Cepilio de alambre 4x14 o 4x15 primera calidad EA 4 11 Enamel paint fast dry qua! prof black 19a0475936 1 qal(4i)

Pintura esmalte fast dry qual prof negro 19a0475936 GL 7

Bristle brush 4" (10.16 cm) master plastic handle bmal4012

Brocha de cerda 4" (10.16 cm) mango plastico maestra bmal40 EA 8

2"bristle brush (50.8 mm) master plastic handle bmal2013

Brocha de cerda 2" (50.8 mm) mango plastico maestra EA 5 14 Thread wipe

Wipe de hilo LB 8 Blade 18mm Stanley 10143/sthtl0323-84015

Cuchilla 18mm Stanley 10143/sthtl0323-840 EA 3 16 Water sanding 80 3m imperial

Lila para aqua 80 3m imperial EA 8

Blue painter tape 25 mm x 50 m17

Tirro para pintor azul 25 mm x 50 m RO 6 Numbers and letters mold 4'18

Numeros v letras molde 4' EA 1 19 Sponge for mason

ESPONJA PARA albanil EA 4 20 Numbers and letters mold 3'

Numeros y letras molde 3' EA 1

191 qualltec white enamel paint 19a0227600 Pintura esmalte qualitec blanca 19a0227600 cub 19 I

GL 40

19 I ultra accent qualltec enamel base 19a022760522

Base ultra accent qualitec esmalte 19a0227605 GL 30

TOTAL

III. DELIVERY LOCATION AND TIME

The Contractor shall deliver all ordered items in one (1) consolidated delivery within 15 calendar days after day of contract award to the Policia de Prevencion Ciudadana, Distrito de Antiguo Cuscatlan:

A.

Carretera Panamericana, Contiguo a Hacienda de los Miranda

En sentido hacia Ceiba de Guadalupe Antiguo Cuscatlan, La Liibertad, El Salvador

Any Contractor personnel Involved with the delivery of the items shall comply with standard U.S.

Embassy regulations for receiving supplies.

B.

SECTION 2 - CONTRACT CLAUSES

CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (NOV 2021)

IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK 21k)

52.212-4

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS — COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

52.212-5

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

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

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

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

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

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

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

_X_ (9) 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).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

(11) [Reserved].

(12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

(13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shal l so indicate in its offer) (15 U.S.C. 657a).

(14) [Reserved] (15)

(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.

(16)

(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.

_ (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)).

(18)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

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

__ (ill) Alternate II (NOV 2016) of 52.219-9.

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

_ (v) Alternate IV (SEP 2023) of 52.219-9.

(19)

(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.

(20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15

U.S.C. 657f).

(23)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023)( 15 U.S.C. 632(a)(2)).

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

(24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to. Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

(25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

_ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_ (28) 52.222-3, Convict Labor (JUN 2003) (E.0.11755).

_X_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.0.13126).

(30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(31)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.0.11246).

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

(32)

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

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

_(33)

(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.

_ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

-X_ (36)

(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).

(37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed In FAR 22.1803.)

(38)

(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.)

(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

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

(41)

(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.

(42)

(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.

(43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

(44)

(1) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OC 13514).

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

_X_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While 13513).

_ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

_ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

r 2015) (E.O.s 13423 and

Driving (JUN 2020) (E.O.

(48)

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

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

(49)

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

_ (ii) Alternate I (OCT 2022) of 52.225-1.

(50)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

_ (Hi) Alternate II (DEC 2022) of 52.225-3.

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

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

_ (51) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (52) 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).

(53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

(55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C.

5150).

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

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

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

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

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

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

(62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

(64)

(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 OfRcer has indicated as being incorporated In this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

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

chapter 67).

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

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

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

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

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

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

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

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

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

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

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

(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).

00 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 Flardware, 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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 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,

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

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.0.11246).

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

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

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

(xii) 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.

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

(xiv)

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

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

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

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

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

(xx)

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

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

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

(xxii) 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.

(xxlii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 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)

Alternate I 2000). As prescribed in 123^ (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II (SEP 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(l)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(C) 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).

(D) 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).

(E) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

(F) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 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.

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

(H) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

(K) 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.

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

I (1) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(N) 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).

(0) 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).

(P) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

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

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

(S)_ (1) 52.224-3, Privacy Training (JAN 2017) ( 5 U.S.C. 552a).

_ (2) Alternate I (JAN 2017) of 52.224-3.

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

(U) 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.

(V) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(W) 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.

(M)

TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (FEB 2021)52.229-12

(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/wl4.

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

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

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

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

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

Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue,

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

(1) Included in the contract price; nor

(2) Reimbursed,

(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 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 clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)52.252-2

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.aov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet "search engine" (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

ARE INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.203-17

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)52.204-13

COMMERCIAL AND GOVERNMENT ENTTTY CODE MAINTENANCE (AUG 2020)52.204-18

PROHIBmON ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204-25

PROHIBmON ON A BYTEDANCE COVERED APPLICATION (JUN 2023)52.204-27

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)52.225-14

FOREIGN FIXED PRICE CONTRACTS (FEB 2013)52.229-6

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)52.232-39

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)52.244-6

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g.

"John Smith, Office of Human Resources, ACME Corporation Support Contractor");

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor afRliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(End of clause)

652.215-70 EXAMINATION OF RECORDS

(a) With respect to matters related to this contract or a subcontract hereunder, the Department of State Office of the Inspector General, or an authorized representative, shall have upon request:

(1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law; and

(2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters.

(b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(c) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (cT in all subcontracts under this contract other than acquisitions described in Federal Acquisition Regulation 15.209(b)(1).

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES

(JUL 1988)

This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S.

Foreign Service Post Identified in the contract schedule.

The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.

(End of clause)

652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999)

(a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.

(b) Invoice Submission.

Please register and upload the invoice thru the following portal:

https://mvarants.servicenowservices.com/procurement?id=account request.

Send your inquiries about payments to SanSaivadorFMO-DBO@state.aov.

(c) Contractor Remittance Address. The Government will make payment to the contractor's address stated on the cover page of this contract, unless a separate remittance address is shown below:

(End of clause)

CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUG 1999)652.242-70

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

The COR for this contract is the INL Procurement Assistant.(b)

(End of clause)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

(a) The Contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;

(2) That is has obtained all necessary licenses and permits required to perform this contract;

and.

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract,

(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.

SECTION 3 - SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023) IS INCORPORATED BY REFERENCE (SEE SF-1449, BLOCK 27A)

ADDENDUM TO 52.212-1

Instructions to Offeror. Each offer must consist of the following:

1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Section 1 has been filled out.

2. List of clients over the past five years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, value of contracts, contact names, telephone and fax numbers and email addresses). If the offeror has not performed comparable services in El Salvador then the offeror shall provide its international experience. Offerors are advised that the past performance information requested above may be discussed with the client's contact person. In addition, the client's contact person may be asked to comment on the offeror's:

■ Quality of services provided under the contract;

■ Compliance with contract terms and conditions;

■ Effectiveness of management;

■ Willingness to cooperate with and assist the customer in routine matters, and when confronted by unexpected difficulties; and

■ Business integrity / business conduct.

The Government will use past performance information primarily to assess an offeror's capability to meet the solicitation performance requirements, including the relevance and successful performance of the offeror's work experience. The Government may also use this data to evaluate the credibility of the offeror's proposal. In addition, the Contracting Officer may use past performance information in making a determination of responsibility.

3. The offeror shall provide proof of SAM registration to include the SAM UEI number;

4. Evidence that the offeror/quoter can provide the necessary personnel, equipment, and financial resources needed to perform the work;

5. The offeror shall address its plan to obtain all licenses and permits required by local law (see DOSAR 652.242-73 in Section 2). If offeror already possesses the locally required licenses and permits, a copy shall be provided.

5. The offeror's strategic plan or technical proposal, taking into account all work elements in Section 1, Performance Work Statement.

ADDENDUM TO SOLICITATION PROVISIONS

FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)52.252-1

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at Acquisition.QOv this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet "search engine" (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FAR SOLICITATION PROVISIONS ARE INCORPORATED BY REFERENCE:

TITLE AND DATE

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (SEP 2023)

INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

PROVISION

52.204-7 52.204-16 52.211-1

52.212-1

52.214-34

ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)652.206-70

(a) The Department of State's Advocate for Competition is responsible for assisting industry In removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:

(1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at AOMCompetitionAdvocate@state.aov.

(2) For all others, the Department of State Advocate for Competition at cat@state.aov.

(b) The Department of State's Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern.