RFQ - 191T7024Q0002 - International Pouch.docx

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

· SF1449 cover sheet

· Continuation to SF1449, RFQ 191T7024Q0002, Schedule of Supplies/Services, Block 20

· Attachment 1: Performance 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 clauses 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

· Representations and Certifications

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ 191T7024Q0002

PRICES, BLOCK 23

1. PERFORMANCE WORK STATEMENT

The purpose of this contract is to provide incoming and outgoing diplomatic pouch services for the U.S. Embassy in Italy in accordance with the Description/Specifications/Work Statement of this contract.

This is a fixed-price indefinite quantity/indefinite delivery contract. The Contracting Officer will issue task orders to the Contractor to perform any work under this contract.

The quantities of services specified in the Schedule are estimates only and are not guaranteed by this contract.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services as specified in this contract. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as specified in the Delivery-Order Limitations clause or in the paragraph below, there is no limit on the number of orders that may be issued/ordered.

2. PERIOD OF PERFORMANCE

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

The contract will be for a one-year period from the date of the contract award, with four one-year options.

3. PRICING

The rates below shall include all direct and indirect costs, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The prices include all expenses and materials required to complete the work.

All prices are indicated for “chargeable” weight, i.e. Kg = chargeable Kg.

“Shipment Base Price” is the price for any shipment of any weight.

“Each Additional Kg” is the price to be added to shipments over a 45Kg weight.

The Government will make payment in local currency (Euro).

3.1. 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.

3.2. BASE YEAR PRICES

The fixed price for the base year of the contract, starting on the date stated in the Notice to Proceed and continuing for a period of 12 months, is:

(see Attachment 1, PWS, Paragraph 3 for a detailed Description of Services)

INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

A. STANDARD OPERATIONS

per Unit

Total

13,140

B. EMERGENCY DELIVERY

Total

C. TARMAC

Total

TOTAL ESTIMATED AMOUNT FOR THE BASE YEAR

FOR INCOMING SHIPMENTS (A TO C)

Euro

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

D. STANDARD OPERATIONS

Total

Up to 45 kg ea

1,000

E. SHIPMENTS TO THE USA

Total

4,000

and 100 Kg kg

F. EMERGENCY SHIPMENTS

Total

TOTAL ESTIMATED AMOUNT FOR THE BASE YEAR

FOR OUTGOING SHIPMENTS (D TO F)

Euro

*This estimated amount is based on total estimated Government requirements.

MINIMUM AND MAXIMUM AMOUNTS

During each contract period, the Government shall place orders totaling a minimum of Euro 500.00. This reflects the contract minimum for each period of performance. The amount of all orders shall not exceed Euro 30,000.00. This reflects the contract maximum for each period of performance.

3.3. FIRST OPTION YEAR PRICES

In consideration of satisfactory performance of all service required under this contract, the fixed-price for Option Year 1 (Twelve (12) Months) of the contract is:

(see Attachment 1, PWS, Paragraph 3 for a detailed Description of Services)

INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

A. STANDARD OPERATIONS

per Unit

Total

13,140

B. EMERGENCY DELIVERY

Total

C. TARMAC

Total

TOTAL ESTIMATED AMOUNT FOR THE FIRST OPTION YEAR

Euro

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

D. STANDARD OPERATIONS

Total

Up to 45 kg ea

1,000

E. SHIPMENTS TO THE USA

Total

4,000

and 100 Kg kg

F. EMERGENCY SHIPMENTS

Total

TOTAL ESTIMATED AMOUNT FOR THE FIRST OPTION YEAR

Euro

During each contract period, the Government shall place orders totaling a minimum of Euro 500.00. This reflects the contract minimum for each period of performance. The amount of all orders shall not exceed Euro 30,000.00. This reflects the contract maximum for each period of performance.

3.4. SECOND OPTION YEAR PRICES

In consideration of satisfactory performance of all service required under this contract, the fixed-price for Option Year 2 (Twelve (12) Months) of the contract is:

(see Attachment 1, PWS, Paragraph 3 for a detailed Description of Services)

INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

A. STANDARD OPERATIONS

per Unit

Total

13,140

B. EMERGENCY DELIVERY

Total

C. TARMAC

Total

TOTAL ESTIMATED AMOUNT FOR THE SECOND OPTION YEAR

Euro

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

D. STANDARD OPERATIONS

Total

Up to 45 kg ea

1,000

E. SHIPMENTS TO THE USA

Total

4,000

and 100 Kg kg

F. EMERGENCY SHIPMENTS

Total

TOTAL ESTIMATED AMOUNT FOR THE SECOND OPTION YEAR

Euro

During each contract period, the Government shall place orders totaling a minimum of Euro 500.00. This reflects the contract minimum for each period of performance. The amount of all orders shall not exceed Euro 30,000.00. This reflects the contract maximum for each period of performance.

3.5. THIRD OPTION YEAR PRICES

In consideration of satisfactory performance of all service required under this contract, the fixed-price for Option Year 3 (Twelve (12) Months) of the contract is:

(see Attachment 1, PWS, Paragraph 3 for a detailed Description of Services)

INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

A. STANDARD OPERATIONS

per Unit

Total

13,140

B. EMERGENCY DELIVERY

Total

C. TARMAC

Total

TOTAL ESTIMATED AMOUNT FOR THE THIRD OPTION YEAR

Euro

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

D. STANDARD OPERATIONS

Total

Up to 45 kg ea

1,000

E. SHIPMENTS TO THE USA

Total

4,000

and 100 Kg kg

F. EMERGENCY SHIPMENTS

Total

TOTAL ESTIMATED AMOUNT FOR THE THIRD OPTION YEAR

Euro

During each contract period, the Government shall place orders totaling a minimum of Euro 500.00. This reflects the contract minimum for each period of performance. The amount of all orders shall not exceed Euro 30,000.00. This reflects the contract maximum for each period of performance.

3.6. FOURTH OPTION YEAR PRICES

In consideration of satisfactory performance of all service required under this contract, the fixed-price for Option Year 4 (Twelve (12) Months) of the contract is:

(see Attachment 1, PWS, Paragraph 3 for a detailed Description of Services)

INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

A. STANDARD OPERATIONS

per Unit

Total

13,140

B. EMERGENCY DELIVERY

Total

C. TARMAC

Total

TOTAL ESTIMATED AMOUNT FOR THE FOURTH OPTION YEAR

Euro

OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

D. STANDARD OPERATIONS

Total

Up to 45 kg ea

1,000

E. SHIPMENTS TO THE USA

Total

4,000

and 100 Kg kg

F. EMERGENCY SHIPMENTS

Total

TOTAL ESTIMATED AMOUNT FOR THE FOURTH OPTION YEAR

Euro

During each contract period, the Government shall place orders totaling a minimum of Euro 500.00. This reflects the contract minimum for each period of performance. The amount of all orders shall not exceed Euro 30,000.00. This reflects the contract maximum for each period of performance.

3.7. GRAND TOTAL

The Government will not consider any claim for any additional compensation unless it has been authorized by the Government in writing in advance. The Government shall not be responsible for any work performed that is not specifically provided for under this contract or authorized by the Government in writing in advance.

4. ORDERS

All requests for shipments or performance of individual jobs under this contract shall be issued via an order placed by the Contracting Officer. This task order will contain the following information:

Orders may be placed orally initially but must be followed up in writing within 48 hours via issuance of a task order. Only a Contracting Officer may place an order, either orally or in writing.

5. INVOICES AND PAYMENT

The Contractor shall submit monthly invoices in PDF. format to the Financial Management Officer (FMO) at the following e-mail address TriMissionInvoices@state.gov and one copy to the Contracting Officer's Representative (COR) referencing the applicable U.S. Government Contract number to the following designated billing address:

American Embassy Attn: FMC Via Veneto 119/a 00187 Roma

6. KEY PERSONNEL

The Contractor shall assign to this contract the following key personnel.

Project Manager

The Project Manager shall be fluent in the English language. During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

7. PERSONAL INJURY, PROPERTY LOSS OR DAMAGE (LIABILITY)

The Contractor hereby assumes absolute responsibility and liability for any and all personal injuries or death and/or property damage or losses suffered due to negligence of the Contractor's personnel in the performance of the services under this contract.

8. INSURANCE

The Contractor, at its own expense, shall provide and maintain during the entire period of performance of this contract, whatever insurance is legally necessary. The Contractor shall carry during the entire period of performance the following minimum insurance:

Comprehensive General Liability

Workers' Compensation and Employer's Liability

9. PERMITS

At no cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. The Contractor shall provide evidence of possession or status of application for such permits, licenses, and appointments to the Contracting Officer with its proposal.

ATTACHMENT 1

PERFORMANCE WORK STATEMENT CONTINUATION

INTERNATIONAL DIPLOMATIC POUCH SERVICES

1. GENERAL

The contractor shall provide international incoming and outgoing diplomatic pouch services to the United States Mission, in Rome, Italy. This consists of freight handling, forwarding, storage, customs clearance, and other related services that apply to shipments originating from, consigned to, routed through, and/or moved within the city of Rome.

The Contractor shall furnish all managerial, administrative, direct labor personnel, materials and transportation that are necessary to accomplish all work required. Contractor employees shall be on site only for performance of contractual duties and not for other business purposes. Performance requirements for required work are described below.

2. DEFINITIONS

"Article" means one item, piece, or package and contents thereof received by the Contractor as listed on the inventory.

"Calendar Day" means the twenty-four hour period from midnight-to-midnight. Saturdays, Sundays, and all holidays are considered calendar days.

"Cargo" means any items consigned to the Contractor under this contract for inbound or outbound shipment, whether consisting of household effects or U.S. Government-owned materials.

"Client" means all United States mission personnel for whom the required services are to be rendered.

"COR" means the Contracting Officer's Representative, appointed in accordance with Section 2 of this contract/purchase order.

"Cube" means the cubic measure of space occupied by a given article after it has been packaged for shipment.

"Estimator" means the contractor employee who has the responsibility to evaluate and provide calculations of the price of packing work to be undertaken. This employee shall provide all calculations in writing.

"Government" means the Government of the United States of America unless specifically stated otherwise.

"Gross Weight" means the weight of the packed lift van, crate or shipping container, including the articles packed therein and all materials used for wrapping, cushioning, banding, waterproofing, packaging, blocking and bracing the container.

"Inventory" means a contractor-prepared list originated at the time the goods are packed. Each inventory is to be reviewed and signed by the client then turned over to the Contracting Officer's Representative.

"Lift Van" means a wooden storage crate.

“Modular Containers” – lift vans that are reduced in size to accommodate a particular shipment.

"Net Weight" means the gross weight of a shipment less its tare weight.

"Ordering Officer" means the Contracting Officer of the U.S. post. If a GBL is used, the ordering officer does not have to be a warranted Contracting Officer.

"Packing" means the activities required to wrap and protect an article, properly place the article in appropriate carton or box, and stow the article and its carton or box in a lift van of sufficient size and constructed in accordance with post specifications; includes obtaining customs clearances and required documentation for shipment, via surface or air as appropriate.

"Services" means the services performed, workmanship, and material furnished or used in the performance of the services.

"Storage Pack" means the final result of wrapping and protecting of articles, and then properly placing these articles in appropriate cartons and boxes, and then storing these articles/cartons in storage pallet boxes as loose pack storage.

"Tare Weight" means the weight of an empty shipping container, excluding all materials used for wrapping, cushioning, banding, waterproofing, packaging, blocking and bracing articles within the exterior container.

3. DESCRIPTION OF SERVICES

The Contractor shall be responsible for the incoming and outgoing diplomatic pouch shipments services. This service shall consist in assisting the Government with custom clearance, freight handling, possible storage, and transportation of all incoming and outgoing diplomatic pouch shipments that are received at/sent from the Fiumicino Airport in Rome and consigned from/to the U.S. Embassy in Rome. Each shipment is identified by an air waybill number with details of the incoming and outgoing shipments, including carrier flight, nature of goods, weight, and number of pouch bags.

3.1. INCOMING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

A. STANDARD OPERATIONS

This service includes customs clearance, handling, and transportation of diplomatic pouches from Fiumicino Airport Customs Area to warehouse and, if needed, storage, and subsequent delivery to the U.S. Embassy in Rome.

Incoming shipments shall be cleared through customs the day of arrival and delivered to the U.S. Embassy in Rome at the latest the following day within 10:00 a.m.

B. EMERGENCY DELIVERY

Emergency Incoming shipments shall be cleared through customs and delivered to the U.S. Embassy as soon as the shipment has been released by customs, within 2 working hours after verbal request.

C. TARMAC

The Contractor shall assist the Government with custom clearance at the Fiumicino airport for special, no-value, courier-escorted diplomatic pouches transiting in Rome.

3.2. OUTGOING INTERNATIONAL SHIPMENTS OF DIPLOMATIC POUCH

Outgoing International Shipments shall include Standard Operations plus airfreight charges.

The Contractor shall provide the COR with the Air Waybill number as soon as the flight has been booked.

D. STANDARD OPERATIONS

This service includes customs clearance, handling and transportation from the U.S. Embassy in Rome to Fiumicino Airport.

E. AIRFREIGHT CHARGES FOR SHIPMENTS TO THE USA

The Airfreight charges costs shall also include Air Waybill accessories charges (fuel, security, x ray, accessories) as per IATA/Airline ruling. The use of all American Airlines shall be preferred.

Airfreight charges for destinations other than the USA will be agreed upon time to time between the COR and the contractor.

F. EMERGENCY SHIPMENTS

This service includes pickup from the U.S. Embassy in Rome and delivery to Fiumicino Airport.

Emergency Outgoing shipments shall be picked up within 2 working hours after verbal request and forwarded to the final destination with the first available flight.

3.3. OTHER REQUIREMENTS

The Contractor shall pay for each incoming diplomatic shipment airport taxes and fees for the release of the flight documents.

4. SCHEDULING AND PLANNING SHIPMENT PICKUPS AND DELIVERIES

The COR shall coordinate the scheduling of pickup and delivery with the Contractor, including the timing for initiating and completing the work.

The Contractor shall transport all incoming Government shipments handled under the contract from Fiumicino Airport to the U.S. Embassy in Rome as final destination, including off-loading from the Contractor's vehicle as specified by the COR unless otherwise directed by the COR in writing to the Contractor.

The schedule timing is two/three times a week – fixed weekdays shall be agreed between the COR and the Contractor.

The Contractor shall pick up and clear through customs the incoming diplomatic shipments the same morning of the arrival and insure delivery to the U. S. Embassy Rome facilities at the latest the following day within 10:00 a.m. The Contractor shall not place shipments in any warehouse at Government expense without prior approval of the COR.

5. FREIGHT HANDLING

The Contractor shall act on behalf of the Government on any selected incoming Government shipment that may be assigned to the Contractor under this contract, including the effecting of necessary transport of Government shipment to the Embassy in Rome. The Contractor accepts full responsibility for any and all losses and/or damage, from the time such shipment is received into the hands of the Contractor until it is released into the custody of the Government as evidenced by a signed receipt. The Contractor further agrees that in any instance involving loss or damage to the Government shipment, where the Contractor fails to exercise reasonable diligence, the Contractor shall assume full responsibility for such losses or damage including payment of claims for such losses or damage.

The Contractor shall notify the COR immediately if any shipment is received in damaged condition. The Contractor shall make notation of any visible loss or damage.

The Contractor shall handle receipt of refrigerated goods with special care and by following the standard procedure for this type of goods.

6. CONTRACTOR RESPONSIBILITIES

The Contractor is responsible for strict adherence to all instructions and quality requirements stated in this contract and shall provide the appropriate management effort to ensure that all services are performed.

Work Skills and Experience

The Contractor shall ensure that all personnel assigned to this contract possess the skills and experience necessary for accomplishing their individual tasks.

English Language Qualifications

Each Team Leader must possess sufficient ability in reading, writing, speaking and understanding the English language to carry out the duties prescribed herein for the position. The remaining staff must be able to follow simple instructions in English, and must be able to completely understand the instructions of the Team Leader.

The Contractor's employees shall not at any time:

work performed under this contract.

7. RECORD KEEPING REQUIREMENTS

The Contractor shall prepare a complete, accurate and legible shipping documents in English. Gross weight of shipment shall be indicated in the shipping documents. The Contractor will review and sign the shipping documents. The original will be retained by the Contractor; one copy shall remain with the COR.

The Contractor shall prepare and maintain records of all incoming shipments, and items received for storage. At a minimum, these records shall include dates of arrival, copies of bills of lading, relevant flight numbers, and weights of each shipment.

The Government reserves the rights to examine the Contractor's administrative files

8. STORAGE AREA REQUIREMENTS

All temporary storage provided by the Contractor shall be inside storage buildings and areas that are acceptable to and approved by the COR.

In areas assigned for storage the Contractor shall prevent pilferage or damage by sunlight, water, or fire. Shipments shall be stored in areas that are dry, well-ventilated, clean, and free from dust, insects and rodents, have adequate fire protection, and are accessible for routine inspection.

9. WAREHOUSE FACILITIES

Warehouse facilities must be approved by the COR and meet the following criteria:

Storage buildings shall be constructed, with masonry walls and floors, watertight roofs, and maintained in good condition. The building shall be kept dry, clean, well ventilated, free of dampness, free of moths, rats, mice, and insets, and in orderly condition at all times.

Each building used for storage under this contract shall have as the minimum standard for qualification either:

an acceptable automatic fire detection and reporting system, or an acceptable automatic sprinkler system; or a fire prevention and control plan, posted and maintained in each building; and necessary fire extinguishers and/or approved fire-fighting apparatus available and in good working order at all times.

In addition, each storage facility must be protected by an adequate water supply for firefighting and a fire department that is responsive twenty-four hours per day. Statements from the cognizant fire insurance rating organization shall be used by the Government as a definitive basis for determining the sufficiency or adequacy of a fire-fighting water supply and the responsiveness of a fire department to protect a facility.

The Contractor shall insure that all installed fire protective systems shall be accredited by the cognizant fire insurance rating organization for insurance rate credit.

Warehouse facilities shall be within 10 km of distance from Rome Fiumicino Airport.

10. VEHICLES

The Contractor shall provide all vehicles necessary for the performance of this contract.

The Contractor shall provide all fuel and lubricants for the vehicles.

The Contractor shall provide the necessary vehicles of appropriate size for local transportation of shipments.

The Contractor shall maintain its vehicles in the proper mechanical condition to assure their full availability when needed, and to assure that shipments are reliably and safely transported from the residence to the appropriate staging area. If the Contractor encounters mechanical difficulties that prevent the scheduled completion of a scheduled delivery, the Contractor shall immediately obtain a suitable substitute vehicle at no additional cost to the Government. Non-availability of suitable vehicles shall not constitute acceptable justification for late pickup or delivery, or for additional costs to the Government.

Upon request the Contractor shall provide truck with lifter of proper size at no additional cost to the U.S. Government.

11. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP 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 monitor quality to ensure that contract standards are achieved.

Services.

Performs all international incoming and outgoing diplomatic pouch services set forth in the scope of work.

Monitoring Performance

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.

Standard

The performance standard is that the Government receives no more than one (1) customer complaint 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, if any of the services exceed the standard.

11.1. 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.

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

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

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_x_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

_x_ (10) 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).

__ (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (12) [Reserved].

__ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (14) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (15) [Reserved] __ (16)

(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.

__ (17)

(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.

__ (18) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

__ (19)

(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.

__ (iii) 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.

__ (20)

(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.

__ (21) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

__ (24)

(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.

__ (25) 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)).

__ (26) 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)).

__ (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (28) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

__ (29) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_x_ (30) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

__ (31) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (32)

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

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

__ (33)

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

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

__ (34)

(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.

__ (35) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x_ (37)

(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).

__ (38) 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.)

__ (39)

(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.)

__ (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (42)

(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.

__ (43)

(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.

__ (44) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (45)

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

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

_x_ (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (47) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (48) 52.223-21, Foams (Jun2016) (E.O. 13693).

_x_ (49)

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

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

__ (50)

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

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

__ (51)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

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

__ (52) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (53) 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).

__ (54) 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).

__ (55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (57) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

_x_ (58) 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).

__ (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_x_ (60) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (61) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (62) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

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

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

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

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

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

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

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

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

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

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

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

(vii) 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.

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

(ix) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xiii) 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.

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

(xv)

(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).

(xvi) 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).

(xvii) 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).

(xviii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

(xxi)

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

(B) Alternate I (Jan 2017)…