RFQ_19TH2027Q0008_Veeam Data Platform Advanced subscription licenses renewal_SIGNED.pdf
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- Solicitation number
- 19TH2027Q0008
- Issued by
-
Department of State US Embassy Bangkok
About this file
This is a Request for Quotations (RFQ) issued by the U.S. Embassy Bangkok for the renewal of software license subscriptions for backup and recovery systems. The solicitation number is 19TH2027Q0008, issued October 28, 2026, with a quotation due date of November 9, 2026 at 4:00 PM Bangkok local time. The Government intends to award a firm-fixed-price contract to the lowest-priced, acceptable, responsible quoter without discussions, though discussions may occur with companies in the competitive range if necessary. Questions must be submitted in writing by November 2, 2026 at 4:00 PM Bangkok local time to Poonnakrit Pinla-Or at Pinlaorp@state.gov.
The requirement is for 15 one-year Veeam Data Platform Advanced Universal Subscription Licenses (10 instance packs) with Enterprise Plus Edition features, Production (24/7) Support, and upfront billing. Pricing is in Thai Baht with no Value Added Tax applicable due to U.S. Embassy tax exemption. Delivery must be completed within 30 days of contract award to the Department of Administration (WRAIR-AFRIMS) in Bangkok, Thailand. The contractor must be an authorized Veeam distributor or partner located in Bangkok or surrounding provinces with certified engineers, demonstrated experience implementing Veeam solutions in enterprise VMware environments, and capability to provide phone support during U.S. Embassy business hours (8:00-11:30 AM and 1:00-4:00 PM, Monday-Friday, Bangkok time) plus on-site support. Required submissions include completed SF-1449, Section 1 pricing, Section 5 representations and certifications, proof of SAM registration with UEI number, C-SCRM Questionnaire, State Department Secure Software Development Attestation Form, and evidence of business establishment in Thailand, personnel qualifications, local licensing capability, and past performance with relevant contracts and references. All quotations must be submitted electronically in PDF format not exceeding 25 MB to Pinlaorp@state.gov. Evaluation is based on a lowest-price technically acceptable approach following compliance review and C-SCRM go/no-go assessment.
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Embassy of the United States of America
Bangkok, Thailand
October 28, 2026
Dear Prospective Quoter:
Subject: Request for Quotations number 19TH2027Q0008
Enclosed is a Request for Quotations (RFQ) for one-year backup and recovery system and replication software license subscriptions. If you would like to submit a 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 this letter.
The U.S. government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
Direct any questions regarding this solicitation in writing to Poonnakrit Pinla-Or, email:
Pinlaorp@state.gov. Questions must be written in English. Closing date for question submission will be November 2, 2026 at 04:00 PM (Bangkok local time).
Quotations are due by November 9, 2026 at 04:00 PM (Bangkok local time). No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.
Your quotation must be submitted electronically to Pinlaorp@state.gov. It is important to make sure the submission is made in specific size and format; in Adobe Acrobat (pdf) file format. The file size must not exceed 25MB. If the file size should exceed 25MB, the submission must be made in separate files and attached to separate emails with less than
25MB each.
In order for a quotation to be considered, you must also complete and submit the following:
1. SF-1449
2. Section 1 Pricing
3. Section 5 Representations and Certifications
4. Additional information as required in Section 3 mailto:Pinlaorp@state.gov.
mailto:Pinlaorp@state.gov.
5. Proof of SAM Registration
6. Cyber Security Supply Chain Risk Management (C-SCRM) C-SCRM Questionnaire
7. State Department Secure Software Development Attestation Form
Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR
4.1102. Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given.
Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.
Sincerely, Ramon Menendez-Carreira
Contracting Officer https://www.sam.gov/
TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE
SF 1449 cover sheet
Continuation To SF-1449, RFQ Number 19TH2027Q0008, Prices, Block 23 Continuation To SF-1449, RFQ Number 19TH2027Q0008, Schedule Of
Supplies/Services, Block 20 Description/Specifications/Work Statement
Attachment 1 CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT (C-
SCRM) Questionnaire
Attachment 2 State Department Secure Software Development Attestation Form
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 TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PR16349068
PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
19TH2027Q0008
6. SOLICITATION ISSUE DATE
October 28, 2026
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Contracting Officer
b. TELEPHONE NUMBER
Pinlaorp@state.gov
8. OFFER DUE DATE/
November 9, 2026
9. ISSUED BY
CODE
10. THIS ACQUISITION IS X UNRESTRICTED OR SET ASIDE:____ % FOR:
U.S. Embassy Bangkok
123 Main Street
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
GSO/Contracting &
Procurement Office
Bangkok
HUBZONE SMALL
BUSINESS
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
EDWOSB
8 (A) SIZE STANDARD:
11. DELIVERY FOR FOB
DESTINAT-
TION UNLESS BLOCK
IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
X RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
U.S, Embassy Bangkok
Attn: AFRIMS
17a.
Contractor/Offeror
CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY
American Embassy Bangkok
Financial Management Officer (NOB)
CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH
ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED SEE ADDENDUM
19.
ITEM
N
O
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
1 Renewal of Veeam Data Platform Advanced
Universal Subscription Licenses
Period of performance Dec 1,26 to Nov 30,27
Licenses
THB THB
See statement of work for details.
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
ADDENDA
X ARE ARE NOT ATTACHED
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
____ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. YOUR
OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH
ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449
RFQ NUMBER 19TH2027Q0008
PRICES, BLOCK 23
I. SCOPE OF SERVICES
The Contractor shall deliver one-year software license subscriptions for VMware servers’ backup and recovery system services to U.S. Embassy Bangkok.
This is a firm-fixed price type of purchase order/contract.
The price listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to U.S. Embassy Bangkok.
All prices are in Thai Baht.
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.
II. PRICING
Line
Item Description Unit Unit Price (THB) Quantity Total Price (THB)
1-Year Software
Licenses Subscription EA 15
Grand Total
CONTINUATION TO SF-1449
RFQ NUMBER 19TH2027Q0008
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
I. The contractor shall provide fifteen one-year backup and replication software license subscriptions for backing up virtual hosts on VMware servers to cover both virtual hosts and file-sharing servers services.
The software licenses shall be compatible with existing equipment and meet the following minimum specification requirements:
Product Amount
Veeam Data Platform Advanced Universal
Subscription License including Enterprise Plus
Edition features. 10 instance packs. 1 Year
Subscription Upfront Billing & Production (24/7)
Support
15 licenses
The Contractor shall implement the updated backup solution, ensuring full functionality and compatibility with existing infrastructure. The Contractor shall also be required to configure backup jobs for virtual machines and file-sharing data including optimizing backup performance through monitoring and tuning. The Contractor shall demonstrate expertise in backup performance tuning and disaster recovery best practices.
The Contractor shall ensure regular backups of configuration files, system settings, and security policies. Test recovery procedures shall be provided to minimize downtime in the event of a failure or breach.
The Contractor shall stay updated on the lifecycle status of all devices and plan timely upgrades or replacements to avoid any security and performance risks.
The Contractor is required to provide comprehensive training to Government personnel on the usage and system management, backup operations, recovery procedures and troubleshooting of the backup system. The Contractor shall provide necessary training for system administrators on best practices, troubleshooting, and response protocols for maintaining the devices and handling network incidents. The Contractor shall provide detailed reports on maintenance activities, incidents, updates, and system performance.
The Contractor shall provide following technical support:
The Contractor shall provide technical support via phone to address any immediate technical inquiries, troubleshooting, and product-related issues.
The Contractor shall provide on-site support, providing software certified technicians to resolve more complex issues or conduct system checks when it is required. If the technical issues cannot be resolved on-site, the Contractor must escalate the issue directly to the manufacturer and arrange for the manufacturer’s technicians or engineers to resolve the issue. The Contractor shall provide post-implementation support for a specified period to resolve any arising issues and provide on-site support as necessary for system maintenance and issue resolution.
The Contractor must comply with all local laws, regulations, and industry standards for product delivery, installation, and maintenance services, ensuring that the solution meets the region’s legal and security requirements.
The Contractor shall be an authorized distributor or partner of Veeam backup and replication software, and the Contractor’s office shall be located in Bangkok or surrounding provinces and be capable of delivering services quickly and efficiently. The Contractor shall have experience in deploying and configuring backup solutions for enterprise VMware environments to ensure that the
Contractor has the necessary knowledge, skills, and resources to support and implement solutions effectively.
Technical support via phone and on-site support shall be available during U.S.
Embassy Bangkok regular business hours for 8 hours a day, 5 business days a week, ensuring assistance during Bangkok regular business hours.
II. DELIVERY LOCATION AND TIME
A. The Contractor shall deliver all ordered items to U.S. Embassy Bangkok. The address is:
DEPARTMENT OF ADMINISTRATION, WRAIR-AFRIMS
ATTN: IMD OFFICE
315/6 RAJVITHI ROAD,
RAJTHEVEE, BANGKOK 10400
THAILAND
Consignee address shall be as follows:
U.S. EMBASSY BANGKOK
120 WIRELESS ROAD
LUMPINI PATHUMWAN
BANGKOK 10330
THAILAND
B. The Contractor shall deliver all items no later than 30 days after date of contract award.
C. Any Contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies. The Contracting Officer's
Representative (COR) will be responsible for instructing contractor personnel at the time the software and maintenance services are delivered.
D. If services will be provided at the U.S. Embassy, the services shall be provided between the hours of 8:00 – 11:30 AM or 13:00 – 16:00 PM (Bangkok local time) from
Monday to Friday except the Government’s holiday. For on-site services, below information shall be sent to thosapoll.fsn@afrims.org prior to service date to schedule the service:
1) Name – Surname of driver and passengers in English which match with the national identification card or passport.
2) Driver’s cellphone number
3) Vehicle’s information
a. Vehicle’s type (e.g. pick-up truck, motorcycle)
b. Vehicle’s plate number
c. Vehicle’s make and model
d. Vehicle’s color
4) Service date and time
5) Purchase order
E. The Contractor shall be responsible for processing licenses to be in compliance with
Thai customs regulations.
F. The Contractor must provide delivery completion documentations for software delivered under this contract. At a minimum, the closeout documents must include:
1) Comprehensive Bill of Material for all software delivered under the contract. The list shall include Item Description, Name of Manufacturer, Model Number, Serial Numbers
(if applicable), Delivered Quantity, Unit Price, Extended Price, Warranty Start and
Expiration Date, and Subscription Start and Expiration Date.
2) OEM manuals for software delivered under this project.
3) Warranty and Technical Support documentation. Documentation shall include an explanation of coverage, the process of obtaining warranty or technical support services, and applicable contact information.
mailto:thosapoll.fsn@afrims.org
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.
Performance Objective Scope of Work Performance Threshold
Services.
Furnishes and delivers services set forth in the scope of work.
I and II All required services are performed and no more than one (1) customer complaint is received per month.
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
(JAN 2025) (DEVIATION FEB 2025)
(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 Covered Entities (Dec 2023) (Section 1634 of
Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-
232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov
2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws
108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun
2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov
2021) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.203-17, 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).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section
102 of Division R of Pub. L. 117-328).
(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal
Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency
Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
(11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec
2023) ( Pub. L. 115–390, title II).
(ii) Alternate I (Dec 2023) of 52.204-30.
_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
(Jan 2025) ( 31 U.S.C. 6101 note).
(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (Oct 2018) ( 41 U.S.C. 2313).
(14) [Reserved].
(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022)
( 15 U.S.C. 657a).
(16) 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).
(17) [Reserved]
(18)
(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.
(19)
(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.
(20) 52.219-8, Utilization of Small Business Concerns (Jan
2025)( 15 U.S.C. 637(d)(2) and (3)).
(21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) of 52.219-9.
(22)
(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.
(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep
2021) (15 U.S.C. 637(d)(4)(F)(i)).
(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled
Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB
Program (Feb 2024) (15 U.S.C. 657f).
(26)
(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan
2025) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (Mar 2020) of 52.219-28.
(27) 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)).
(28) 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)).
(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar
2020) ( 15 U.S.C. 644(r)).
(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan
2025)( E.O. 13126).
(33) [Reserved]
(34) [Reserved]
(35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(ii) Alternate I (Jul 2014) of 52.222-35.
(36)
(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.
(37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (Dec 2010) (E.O. 13496).
_X_ (39)
(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).
(40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( 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.)
(41)
(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.)
(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
(44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
(45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
(46) 52.223-23, Sustainable Products and Services (May 2024) [(DEVIATION FEB
2025)] (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
(47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
(ii) Alternate I (Jan 2017) of 52.224-3.
(48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
(ii) Alternate I (Oct 2022) of 52.225-1.
(49)
(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 (Jan 2025) of 52.225-3.
(iv) Alternate III (Feb 2024) of 52.225-3.
(v) Alternate IV (Oct 2022) of 52.225-3.
(50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
(52) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)
(42 U.S.C. 5150).
(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While
Driving (May 2024) ( E.O. 13513).
(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
_X_ (57) 52.232-29, Terms for Financing of Purchases of Commercial
Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
(58) 52.232-30, Installment Payments for Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (Oct2018) ( 31 U.S.C. 3332).
(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_X_ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
(63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or
Assembled by American Security Drone Act-Covered Foreign Entities (Nov
2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(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:
(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).
(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(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 Covered Entities (Dec 2023) (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)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—
Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan
2025) ( 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.
(ix) [Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun
2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi)
(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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-
1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 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 II (Jan 2025). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector
General appointed under section 3 or 8 G of the Inspector General Act of 1978
( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and
(c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph
(d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and
Conduct (Nov 2021) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American
Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub.
L. 111-5).
(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov
2023) ( 41 U.S.C. 4712).
(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered
Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(E) 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).
(F) 52.204-27, Prohibition on a ByteDance Covered
Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(G) ( 1) 52.204–30, Federal Acquisition Supply Chain Security
Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(2) Alternate I (Dec 2023) 52.204-30.
(H) 52.219-8, Utilization of Small Business Concerns (Jan
2025) ( 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.
(I) [Reserved]
(J) [Reserved]
(K) 52.222-35, Equal Opportunity for Veterans (Jun
2020) (38 U.S.C. 4212).
(L) 52.222-36, Equal Opportunity for Workers with
Disabilities (Jun 2020) (29 U.S.C. 793).
(M) 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.
(N) 52.222-41, Service Contract Labor Standards (Aug
2018) ( 41 U.S.C. chapter 67).
(O) (1) 52.222-50, Combating Trafficking in Persons (Nov
2021) (22 U.S.C. chapter 78 and E.O 13627).
(2) Alternate I (Mar 2015) of 52.222-
50 (22 U.S.C. chapter 78 and E.O. 13627).
(P) 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).
(Q) 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).
(R) 52.222-54, Employment Eligibility Verification (Jan 2025)
( Executive Order 12989).
(S) 52.222-55, Minimum Wages for Contractor Workers Under
Executive Order 14026 (Jan 2022).
(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan
2022) (E.O. 13706).
(U) (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(2) Alternate I (Jan 2017) of 52.224-3.
(V) 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).
(W) 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.
(X) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(Y) 52.240-1, Prohibition on Unmanned Aircraft Systems
Manufactured or Assembled by American Security Drone Act-Covered
Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41
U.S.C. 3901 note prec.).
(Z) 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 1.5000C-7.
(c)
(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal
Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal
Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each
IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form
W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form
W-14 and its separate instructions is available via the internet at www.irs.gov/w14.
(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS
Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall– http://www.irs.gov/w14
(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) https://www.irs.gov/help/tax-law-questions
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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.
CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS
(AUG 2024)
(a) Definitions. As used in this clause:
Covered article - The term "covered article" includes-
(1) "Information and Communications technology" which is an industry term for information technology that is involved in integrating telecommunications (e.g., telephone lines and wireless signals) and computers to enable users to access, store, manipulate, transmit, and receive digital information. This includes software, software as a service, digital and data services, and hardware components that support information creation, storage, transfer, and management, like computers and smartphones.
(2) "Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).
(3) "Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(4) “Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.
(5) “Incident,” which means, per the Federal Information Security Modernization Act of
2014, “an occurrence that (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.”
(6) "Vulnerability,” means any weakness in an information system, system security procedures, internal controls, or implementation that could be exploited or triggered by a threat source.
(b) Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The
Contractor must regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services to the Government. The
Contractor shall maintain artifacts (i.e., any byproduct of hardware or software development that helps describe the architecture, design, and function of that hardware or software) that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request, which may be redacted to remove sensitive proprietary information.
(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. No more than an estimated once per year, the Contractor must provide any requested information related to its supply chain within 10 business days except information that is protected by a non-disclosure agreement with its customers (e.g., another federal agency).
(d) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.
(e) Notification procedures for cybersecurity supply chain incidents. When an incident occurs, the Contractor must contact the CO or their designee within 72 hours of the incident.
(f) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.
(g) Attestation following Major Version Change. For software provided under the contract that required an approved Secure Software Development Attestation Form, the responses on this form apply to the software’s major version changes (e.g., using a semantic versioning schema of Major, Minor, Patch, the software version number goes from 2.5 to
3.0) unless the Contractor otherwise notifies the Contracting Officer that the form is no longer valid. This notification to the Contracting Officer must be submitted within 15 days of the major version change and must include a new completed and signed Secure
Software Development Attestation Form.
(end of clause)
THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES
ARE INCORPORATED BY REFERENCE:
CLAUSE TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
(NOV 2023)
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)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION
(JAN 1997)
52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
(JUNE 2013)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)
THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT:
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME
Corporation Support Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
(End of clause)
652.215-70 EXAMINATION OF RECORDS
(a) With respect to matters related to this contract or a subcontract hereunder, the
Department of State Office of the Inspector General, or an authorized representative, shall have upon request:
(1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law;
and
(2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters.
(b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(c) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (c), in all subcontracts under this…
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