RFQ 19AJ2024Q0018 LV AVR Restoration Equipment.pdf

U.S. Embassy Baku Date: July 24.2024

Dear Prospective Quoter:

Subject: Request for Quotations number 19AJ2024Q0018

Enclosed is a Request for Quotations (RFQ) for LV AVR Restoration Equipment. 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 if there is a need to do so.

Your quotation is due by August 08, 2024, 6:00 p.m. Baku time. No quotations will be accepted after this time. Your proposal must be in English and incomplete proposals will not be accepted.

Your quotation must be submitted electronically to BAKUBlDBOX@STATE.GOV and CC-ed to [^AKUBlDBOX@;GMA 1L.COM. It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or

Adobe Acrobat (pdf) Tie format. The file size must not exceed 25MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 25MB each.

Include solicitation number 19AJ2024Q0018 in the subject line of your quotation. Failure to follow this requirement may cause disqualification of your quotation.

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 hltps://ww•vv■sam■^ov prior to submittal of their offer/proposal as prescribed under FAR

4. 1 102. 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.

r

Contracting (Officer

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, REQ Number 19AJ2024Q0018, Prices, Block 23

• Continuation To SF-1449, RFQ Number 19AJ2024Q0018, Schedule Of

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

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

Furnished Property

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR rO COMPLETE BLOCKS 17. 23. 24. & 30

1. REQUISITION NUMBER

PR 1265 8322

PAGE 1 OF

2. CONTRACT NO 3. AWARD/EFFECTIVE

August 31, 2024

4. ORDER NUMBER 5. SOLICITATION NUMBER

19AJ2024Q0018

6. SOLICITATION ISSUE

DATE: July 24, 2024

a. NAME

Vahid Movsumov

b. TELEPHONE NUMBER (No collect calls) +994 50 206 96 32

8. OFFER DUE DATE/ LOCAL

TIME August 9, 2024 18:00 Baku time

7. FOR SOLICITATION

INFORMATION FAX

. ISSUED BY CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS

H UNRESTRICTED

□ SET ASIDE:

DESTINATION UNLESS

BLOCK IS MARKED

S SEE SCHEDULE

U.S. Embassy Baku 111 Azadlig Prospect Baku, Azerbaijan

FOR

□ 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

□ HUBZONE SMALL

BUSINESS

□ 8(A) 13b. RATING

14. METHOD OF SOLICITATION

H RFQ

NAICS:

SIZE STD: □ IFB □ RFP

CODE ICODE [15. DELIVER TO

U.S.Embassv Baku. Azerbaijan

16. ADMINISTERED BY

Sandra Pizarro

I7a. CONTRACTOR/CODE

OFFEROR

FACILITNA NA 18a. PAYMENT WILL BE MADE BY CODE Y

U.S. Embassy Baku B&F/Vouchering Unit 111 Azadalig Prospect Baku, AzerbaijanTELEPHONE NO.

□ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

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

IS CHECKED □ SEE ADDENDUM

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

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

Circuit Board UOFL/47-65Hz Version 34.571

Part number: CK.-2040020/2 11 ea

Circuit Board PCB 2

Part number: CK.-200295/1 2 1 ea

Time Delay Relay-Broyce Control Part number: Ml EDO 13 ea

Fuse "FI 1 to F14" above EMS (PKIO) Part number: 124005

4 1 ea

5 1 eaFans Ventilation

Part number: 120031

Brush arm (Slave) Assembly Complete (LHS) Part number: S60H-MBAS-LHS

6 3 ea

40 ea

Tension Spring for White Disk Brush Arm Part number: 305515

3Brush arm (Slave) Assembly Complete (RHS) Part number: S60H-MBAS-RHS ea

Battery Soft Start Part number: SFT-12V

9 3 ea

Brush Arm (Master) Assembly Complete (LHS) Part number: S60H-MBAM-LHS

10 3 ea

11 3EMS Sensor Aplifier Part number: CK89164 ea

Circuit Board Central Control Section "UOVF"/47-65 Hz

Version 34.571

Part number: CK-2040020y2

12 1 ea

13 2 ea S60H Right Hand Side Brush Arm Assemblies-Master Pa rt number: S60H-MBA-M-RHS

Circuit Board "PCBl" With Black Fuse and Resistors. Central

Section Above EMS

Part number: CK-201132

14 1 ea

1 ea Circuit Board "PCB2". CEN

Part number: CK-200295/115

Time Delay Relay-Broyce Control Part number: Ml EDO

16 1 ea

Fuse - "FI 1 to F14" Central Section Above EMS (PK-10) Part number: 124005

17 1 ea

18 Capacitor, 100 UF+A5%/ Type Ital&rad 100040/ For Capacitor Surge Protection Assembly

Part number; 23004

10 ea

Packing Charge (Wooden Export Crate)

EPWC

19 1 ea

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

Only)

B 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 0 ARE □ ARE

NOT ATTACHED.

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

ATTACHED.

□ 29.AWARD OF CONTRACT. REF.

DATED

□ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _2_

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

“‘-'"‘-'"'I

30b. NAME AND TITLE OF SIGNER frYPE OR PRINT) 31a. UN30c. DATE SIGNED

OFFER

YOUR OFFER ON SOLICITATION

(BLOCK 5). INCLUDING ANY ADDITIONS OR CHANGES

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

ITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-I449

RFQ NUMBER 19AJ2024Q0018

PRICES, BLOCK 23

SCOPE OF SERVICES1.

The Contractor shall furnish and deliver LV AVR restoration parts to the U.S.

Embassy Baku, Azerbaijan in accordance with the specifications and terms and conditions set forth herein.

This will be a firm-fixed price purchase order/contract.

The prices listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to the American Embassy t located in Azerbaijan.

A.

B.

C.

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

CONTINUATION TO SF-I449

RFQ NUMBER I9AJ2024Q00I8

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. Reserved

II. DELIVERY LOCATION AND TIME

A. The Contractor shall deliver all ordered items to the U.S. Embassy Baku, Azerbaijan..

The address is:

111 Azadlig avenue Baku, Azerbaijan

AZ1007

The Contractor shall deliver all items not later than 20 days after date of contractB.

award.

Any Contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies. The U.S. Embassy will provide the contractor with detailed shipping instruction after the award.

C.

D. Reserved.

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(NOV 2021) 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

(SEP 20231

(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:

[Contracting Officer check as appropriate.}

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

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021U41 U.S.C. 350911.

(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. Hi ll?, 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. 23131.

(11) [Reserved].

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

(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 shall 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. 6441,

(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 1 (Mar 2020) of 52.219-7.

(17) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. and (3)).

(18)

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

_ (ii) Alternate 1 (Nov 2016) of 52.219-9.

_ (iii) Alternate II (Nov 2016) of 52.219-9.

_ (iv) Alternate 111 (JUN 2020) of 52.219-9.

_ (v) Alternate IV (Sep 2023) of52.219-9.

(19)

(i) 52.219-13. Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(rl).

_ (ii) Alternate I (Mar2020) 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. 637rdI(4¥F¥m.

(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¥2B.

_ (ii) Alternate I (Mar 2020) of52.219-28.

(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(ml).

(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. 637^1).

(26) 52.219-32. Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15U.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. 7931.

_ (ii) Alternate I (JuL 2014) of 52.222-36.

_ (34) 52.222-37. Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 42121.

(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. chanter 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 22.1803.1

(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)(CI). (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) of52.223-13.

(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. 8259bf.

(44)

(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_ (45) 52.223-18. Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun2020) (E.O. 13513).

_ (46) 52.223-20. Aerosols (Jun2016) (E.O. 13693).

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

(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-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

_ (ii) Alternate 1 (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, 19U.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 1 [Reserved].

(iii) Alternate 11 (Dec 2022) of 52.225-3.

(iv) Alternate 111 (Jan 2021) of 52.225-3.

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

_ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19U,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) 142 U.S.C. 51501.

(55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 51501,

(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. 38051.

(58) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C. 4505, 10 U.S,C. 38051.

_X_ (59) 52.232-33. Payment by Electronic Funds Transfer-System for Award

Management (Oct2018) ( 31 U.S.C. 33321.

_ (60) 52.232-34. Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 33321.

_ (61) 52.232-36. Payment by Third Party (May 2014) ( 31 U.S.C. 33321.

(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. 637fdl(13')T

(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. 26311.

_ (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. chapter671.

(2) 52.222-42. Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 671.

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

Adjustment (Multiple Year and Option Contracts) (Aug 20181 ( 29 U.S.C. 206 and 41 U.S.C. chanter 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 671.

(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. chanter 671.

(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)

(421LS£J792).

(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 20211141 U.S.C. 35091.

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

Surveillanee Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(v) 52.204-27. Prohibition on a ByteDance Covered Applieation (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. 7931.

(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 671.

(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. chanter 78 and E.O. 136271.

(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 671.

(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. 552aL

(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. 17921. Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40. Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 38011. 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 (Feb 2000). As prescribed in 12.301 (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 //(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.l. 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 202n ( 41 U.S.C. 35091.

(B) 52.203-15. Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun2010) (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) (29U.S.C. 793k

(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 671.

(M) (1) 52.222-50. Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chanter 78 and E.O 13627).

_ (2) Alternate 1 (Mar 2015) of 52.222- 50 ( 22 U.S.C. chapter 78 and E.O. 136271.

(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 671.

(O) 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 671.

(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. 552aT

_ (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. 38011. 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.

ADD THE FOLLOWING CLAUSE IN FULL TEXT:

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (FEB 2021)

(a) Definitions. As used in this clause-

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

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

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

(2) A domestic partnership;

(3) A domestic corporation;

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

7701(a)(31));and

(5) Any trust if-

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

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

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through L5000C-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-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form

W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

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

(1) Included in the contract 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 1998152.252-2

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.gov 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

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED

APPLICATION (JUN 2023)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

(JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT:

CONTRACTOR IDENTIFICATION (JULY 20081

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:

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”);

1)

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

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

3)

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

4)

(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 (c). in all subcontracts under this contract other than acquisitions described in Federal Acquisition Regulation 15.209(b)(1).

EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS

WITHIN THE UNITED STATES tJUL 1988)

652.229-70

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 fFIXED-

PRICEl lAUG 19991

(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. The Contractor shall submit invoices in an original and 0 copies to the office identified in Block 18b of the SF-1449 (email address:

bakudbo@state.gov) To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

SECTION 3 - SOLICITATION PROVISIONS

52.2I2-I INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 20231 IS INCORPORATED BY

REFERENCE (SEE SF-I449. BLOCK 27AI

ADDENDUM TO SOLICITATION PROVISIONS

FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 19981

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.gov 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 DATEPROVISION

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)52.204-7

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(AUG 2020)

52.204-16

AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX

OF FEDERAL SPECIFICATIONS, STANDARDS AND

COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

(SEP 2023)

52.211-I

INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

52.2I2-I

SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE

(APR 1991)

52.214-34

THE FOLLOWING DOSAR PROVISIONS ARE PROVIDED IN FULL TEXT:

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 20151

(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:

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.gov.

(1)

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

(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns fi'om 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. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman. Steven Glick. at +994 12 488 33 10

. For an American Embassy or overseas post, refer to the numbers below for the

Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696 or write to:

Department of State, Acquisition Ombudsman, Office of the Procurement Executive

(A/OPE), Suite 1060, SA-15, Washington, DC 20520.

(End of provision)

SECTION 4 - EVALUATION FACTORS

• Award will be made to the lowest priced, acceptable, responsible quoter. The quoter shall submit a completed solicitation, including Sections 1 and 5.

• The Government reserves the right to reject proposals that are unreasonably low or high in price.

• The lowest price will be determined by multiplying the offered prices times the quantities in “Prices - Continuation of SF-1449, block 23”, and arriving at a grand total

• The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ.

• The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:

adequate financial resources or the ability to obtain them;

ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;

satisfactory record of integrity and business ethics;

necessary organization, experience, and skills or the ability to obtain them;

necessary equipment and facilities or the ability to obtain them; and be otherwise qualified and eligible to receive an award under applicable laws and regulations.

ADDENDUM TO EVALUATION FACTORS

FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12

THE FOLLOWING FAR PROVISIONS ARE PROVIDED IN FULL TEXT;

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (OCT 2020L

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b)Prohibition.

Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(1)

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that-

(l)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision.