RFQ for LGF Duty Uniforms PR12459578.pdf

SBU - CONTRACTING AND ACQUISITIONS

U.S. EMBASSY in ANKARA, TÜRKİYE

SOLICITATION DOCUMENT

Solicitation for

Local Guard Force Duty Uniforms

Solicitation No.: PR12459578, 19TU15-24-Q-3834 General Services Office: Acquisitions

Çukurambar, 1480 Sokak, No 1, Çankaya, Ankara

RFQ for Local Guard Force Duty Uniforms 19TU1524-Q-3834 --- Page 1 of 24

TABLE OF CONTENTS

Section Page

SF-18 2

I. SCOPE OF PURCHASE REQUEST 3

II. TYPE OF CONTRACT 3

III. SPECIFICATION 3

IV. SUBMITTION OF UNIFORM SAMPLES 5

V. SUBMISSION OF QUOTATIONS 5

VI. PRICING 5-8

VII. INVOICING and PAYMENT 9

VIII. DELIVERY AND RECEIPT CONDITIONS 9

IX. WARRANTY 10

X. EVALUATION CRITERIA 10

XI. LIST OF ATTACHMENTS 10

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS 11-19

Attachments:

Exhibit A – NDAA 889 Compliance 20-24

19TU1524-Q-3834 --- Page 2 of 24

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ [ ] IS [x] IS NOT A SMALL BUSINESS-

SMALL PURCHASE SET-ASIDE (52.219-4)

PAGE

PAGES

1. REQUEST NO.

19TU15-24-Q-3834

2. DATE ISSUED

06/05/2024

3. REQUISITION/PURCHASE REQUEST NO.

PR12459578

4. CERT. FOR NAT. DEF. UNDER

BDSA REG. 2 AND/OR DMS

REG. 1

RATING

5A. ISSUED BY General Services Office, U.S. Embassy Ankara, Çukurambar, 1480 Sokak No 1, Çankaya, Ankara

6. DELIVER GOODS BY (Date)

30 days after award

5B. FOR INFORMATION CALL: 7. DELIVERY

X FOB DESTINATION OTHER (See Schedule) NAME

Procurement Agent

TELEPHONE NUMBER

AREA CODE

NUMBER

294 00 00

294 00 00

8. TO: ALL POTENTIAL OFFERORS 9. DESTINATION

a. NAME b. COMPANY a. NAME OF CONSIGNEE

U.S. Embassy Ankara

c. STREET ADDRESS b. STREET ADDRESS

Cukurambar, 1480 Sokak No 1, Cankaya

d. CITY e. STATE f. ZIP CODE c. CITY

Ankara

d. STATE n/a

e. ZIP CODE

06530

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING

OFFICE IN BLOCK 5A ON OR BEFORE CLOSE OF

BUSINESS (Date)

06/28/2024 at 16:00 hrs

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

1 Duty Uniforms as per item VI. Pricing Section USD

12 DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

b. 20 CALENDAR

DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUMBER %

NOTE: Additional provisions and representations [x] are [ ] are not attached.

13 NAME AND ADDRESS OF QUOTER 14 SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15 DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS

16. SIGNER

c. COUNTY a. NAME (Type or print)

b. TELEPHONE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) AREA CODE

NUMBER

19TU1524-Q-3834 --- Page 3 of 24

REQUEST for QUOTATION for Local Guard Duty Uniforms

I. SCOPE OF PURCHASE REQUEST

The American Embassy in Ankara, Türkiye requires duty uniforms for the local guard force. The proposal must include delivery to the warehouse in Kirkkonaklar, Ankara. The tactical uniform requirements and specifications are in the attached SF-18 form and as follows.

II. TYPE OF CONTRACT

This is a firm-fixed price type of purchase order payable entirely in United States Dollars. The offered prices shall include all materials overhead, profit, and transportation necessary to deliver the required items to the American Embassy located in Ankara unless otherwise specified (see FAR 52.228-4 and 52.228-5).

No additional sums will be payable for any escalation in the cost of materials, equipment, or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. All prices shall be in US Dollars.

III. SPECIFICATIONS

The required specifications are listed below:

Item 1- PARKA

Color: Black

- A 100% polyester wind-resistant fleece liner can be worn separately or in a jacket

- Stowaway, removable hood

- Compatible with the tactical backup belt system

- 100% nylon face with abrasion-resistant nylon lower lining and taffeta in the sleeves

- Waterproof, breathable fabric with taped seams provides complete rain protection

- Has 11 pockets on the shell, 15 total counting the lining

- BBS in the front chest pockets

- An abrasion-resistant lower inside lining protects against duty belt

- Stow-away, removable hood.

- Side zips to accommodate Duty belt double as pit zip ventilation.

- Pull-out embroiderable pocket flap

- Jacket can accommodate soft shells as zip-ins

- Pull-out ID panel in upper back pocket and right chest pocket

- Reflective A.N.S.I. II vest stows in its own pocket bag in the lower back rear stash pocket of the jacket; use it for lower lumbar support

- Mic tabs at the front chest

19TU1524-Q-3834 --- Page 4 of 24

Item 2- PANTS

Color: Charcoal Gray

- Relax

- 65% cotton 35% polyester

- Water-repellent, Absorbing Sweat Fabric

- High fader resistance with colorfast+

- Ripstop

- Antibacterial (preserves its antibacterial future by 60% up to 20 washes)

- Comfort of Use with Tunnel Elasticated Belt

- 13 useful pockets

- Special knee pad field

- Unique pocket design

- Extra tear resistance with complete double stitching

- YKK zippers

Item 3- SHORT SLEEVED SHIRT

Color: Back

- Relax-all seasons

- 50% cotton 50% polyester

- Hide fade resistance with colorfast +.

- Produced with double twisted yarn

- Ripstop

- Antibacterial (preserves its antiracial feature by 60% up to 20 washes)

- Ventilation mesh on the back and armpits.

- 2 flap pockets, 2 YKK zipped pockets, a pen pocket on the arm)

- Extra-strength fabric on arms and elbows

- Folding sleeve, hidden button collar

- Glasses hanger device

- 7cm X 11cm Velcro stitched on the left chest

Item 4- LONG SLEEVED SHIRT

- Relax-all seasons

- 50% cotton 50% polyester

- Hide fade resistance with colorfast +

- Produced with double twisted yarn

- Ripstop

- Antibacterial (preserves its antiracial feature by 60% up to 20 washes)

- Ventilation mesh on the back and armpits.

- 2 flap pockets, 2 YKK zipped pockets, a pen pocket on the arm)

- Extra-strength fabric on arms and elbows

- Folding sleeve, hidden button collar

- Glasses hanger device

- 7cm X 11cm Velcro stitched on the left chest

19TU1524-Q-3834 --- Page 5 of 24

Item 5-SWEATER (FLEECE)

- Regular

- 100% polyester

- Anti-pilling fabric

- Breathable

- The wrist part is elasticated

- 4 pockets (2 side pockets, 1 front pocket, 1 right sleeve pocket)

- Double sided YKK zippers

- Flexible fit design

- Quick drying feature

- Low weight

IV. SUBMISSION OF UNIFORM SAMPLES

Please send sample of each uniform items to the below address no later than 28 June 2024.

US EMBASSY WEAREHOUSE PO#19TU15-24-Q-3834

LGF UNIFORMS

314. CADDE NO :11 CELIK APT.

KIRKKONAKLAR, ANKARA, TÜRKİYE

V. SUBMISSION OF QUOTATIONS

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

1. SF-18 including VI Pricing section.

2. Signed copy of solicitation amendments (if any).

3. For the proposals above $30,000.00, proof showing that Systems Award Management Registry, Unique

Entity Identification Number (UEI) and NCAGE numbers were completed.

4. Filled, signed and company sealed NDAA 889 Compliance document in Exhibit A.

Submit the complete quotation via email on or before 1600 hours, June 28th, 2024, Friday to Ankara-GSO- Procurement-DL@state.gov. No quotation will be accepted after this date and time.

VI. PRICING

The contractor shall deliver the items required under this contract for the following firm fixed price and within the time specified. The rates below shall include all costs associated with the items, and delivery to Embassy warehouse in Kirkkonaklar Ankara and Despatch in US in accordance with the requirements set forth in this solicitation document including materials, labor, (see FAR 52.228-4 and 52.228-5), overhead and profit. This price shall include all labor, materials, overhead, and profit. All prices shall be in US Dollars and valid for 30 days.

mailto:Ankara-GSO-Procurement-DL@state.gov

19TU1524-Q-3834 --- Page 6 of 24

OFFERED BREAKDOWN OF PRICE BY DIVISIONS OF SPECIFICATIONS

Item 1-PARKA QTY UNIT PRICE

(USD)

UNIT TOTAL PRICE

(USD)

1 XX-SMALL 2 each

2 X-SMALL 6 Each

3 SMALL 13 each

4 MEDIUM 44 each

5 LARGE 55 each

6 X-LARGE 26 each

7 XX-LARGE 12 each

8 XXX-LARGE 5 each

TOTAL 163 each

Item 2- PANTS / SIZE QTY UNIT PRICE

UNIT TOTAL PRICE

(USD)

1 28 6 each

2 30 12 each

3 32 48 each

4 34 104 each

5 36 98 each

19TU1524-Q-3834 --- Page 7 of 24

6 38 34 each

7 40 20 each

8 42 2 each

9 44 2 each

TOTAL 326 each

Item 3- SHORT SLEEVE SHIRT QTY UNIT PRICE

UNIT TOTAL PRICE

(USD)

1 XX SMALL 6 each

2 X-SMALL 14 each

3 SMALL 44 each

4 MEDIUM 76 each

5 LARGE 100 each

6 X-LARGE 40 each

7 XX-LARGE 38 each

8 XXX-LARGE 8 each

Item 4- LONG SLEEVE SHIRT QTY UNIT PRICE

UNIT TOTAL PRICE

(USD)

1 XX SMALL 6 each

2 X-SMALL 14 each

3 SMALL 44 each

4 MEDIUM 76 each

5 LARGE 100 each

19TU1524-Q-3834 --- Page 8 of 24

6 X-LARGE 42 each

7 XX-LARGE 36 each

8 XXX-LARGE 8 each

Item 5-SWEATER (FLEECE) QTY UNIT PRICE

UNIT TOTAL PRICE

(USD)

1 XX SMALL 1 each

2 X-SMALL 7 each

3 SMALL 14 each

4 MEDIUM 38 each

5 LARGE 52 each

6 X-LARGE 24 each

7 XX-LARGE 18 each

8 XXX-LARGE 9 each

TOTAL 163 each

We hereby agree and commit to deliver the above specified items for uniforms for the Embassy Ankara with the terms and conditions stipulated in the solicitation document.

Offeror's Co.

Legal Title:______________________________________ Date: __/__/___

Legal representative’s signature

19TU1524-Q-3834 --- Page 9 of 24

VII. INVOICING and PAYMENT

The contractor shall submit the invoice after all the items listed under this solicitation document has been delivered. The invoice must also be accompanied by documentation for the equipment delivered.

The contractor should expect payment in US dollars 30 days after delivery of the equipment or 30 days after receipt of ordered commodity and proper invoice at the Embassy's payment office, whichever is later. Invoices shall be sent to the POC at the Embassy and the following email:

US Embassy ANKARA [ ankara-fmc-dbo-mb@state.gov ]

All invoices should be VAT exempted. Government will provide VAT exemption card.

The following information must be printed on the invoice to be considered as a proper invoice:

a. Purchase Order Number.

b. Description, device serial number, quantity and total.

c. VAT Exemption.

d. Bank Information; Bank Name, Branch name, Account no., IBAN number.

US Government has 7 calendar days to review an invoice and either return it to the contractor as improper or process the invoice for payment.

VIII. DELIVERY and RECEIPT CONDITIONS

Uniforms shall be delivered to the US Embassy warehouse in Ankara in brand new, good usable order.

The physical examination of the uniforms according to the defined specifications will be carried out by Embassy designated personnel prior to payment.

Points of Contacts:

A/GSO Contracting Officer will make all the arrangements in support of contractual work associated with this instruction and the receiving clerk will handle acceptance of deliverable items. Contact information for the S/GSO is as follows:

A/GSO Ankara-GSO-Procurement-DL@state.gov

Financial Information:

FMC in Ankara, Türkiye will arrange all payments for this service via State Department issued fund cite.

Delivery Dates and Locations:

Delivery Period: Partial deliveries are not allowed. Delivery of ordered items must be completed within 30 (thirty) calendar days following the purchase order being e-mailed to the awardee.

mailto:ankara-fmc-dbo-mb@state.gov

19TU1524-Q-3834 --- Page 10 of 24

Delivery location

US EMBASSY WEAREHOUSE PO#19TU15-24-Q-3834

LGF TACTICAL UNIFORMS

314. CADDE NO: 11 CELIK APT.

KIRKKONAKLAR, ANKARA, TÜRKİYE

IX. WARRANTY

The contractor shall clearly identify and state the warranty period which shall be minimum 1 year. The vendor shall be responsible and liable of providing the necessary compensation in case of any finding defective, faulted or shortages in the uniforms after delivery to the Embassy.

X. EVALUATION CRITERIA

Award will be made to the lowest priced, acceptable, responsible quoter. The Government reserves the right to reject quotations that are unreasonably low or high in price. The Government will determine acceptability by assessing the offeror's compliance with the terms of the RFQ. The Government will determine responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:

• 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

• otherwise, qualified and eligible to receive an award under applicable laws and regulations.

XI. LIST OF ATTACHMENTS

ATTACHMENT NUMBER DESCRIPTION OF

ATTACHMENT

NUMBER OF PAGES

Attachment 1 NDAA 889 Compliance 4

19TU1524-Q-3834 --- Page 11 of 24

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS AWARDED BY OVERSEAS

CONTRACTING ACTIVITIES

(Current thru FAC 2005-55)

COMMERCIAL ITEMS

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)

This purchase order or BPA incorporates the following 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. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far

DOSAR clauses may be accessed at: http://www.statebuy.state.gov/dosar/dosartoc.htm

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES

NUMBER TITLE DATE

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 Telecommunication 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

52.228-3 Workers’ Compensation Insurance (Defense Base Act) JUL 2014

52.228-4 Workers’ Compensation and War-Hazard Insurance APR 1984

52.228-5 Insurance – Work on a Government Installation JAN 1997

52.229-6 Foreign Fixed Price Contracts FEB 2013 https://www.acquisition.gov/far http://www.statebuy.state.gov/dosar/dosartoc.htm

19TU1524-Q-3834 --- Page 12 of 24

52.232-39 Unenforceability of Unauthorized Obligations JUNE 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractor MAR 2023

52.244-6 Subcontracts for Commercial Products and Commercial Services SEP 2023

The following clause is provided in full text:

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (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. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Now 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

19TU1524-Q-3834 --- Page 13 of 24

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

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

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

19TU1524-Q-3834 --- Page 14 of 24

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C.

657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2023) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

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

19TU1524-Q-3834 --- Page 15 of 24

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

13496).

__ (35) (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).

__ (36) 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 items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

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

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

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

19TU1524-Q-3834 --- Page 16 of 24

__ (48) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Dec 2022) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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. 2302Note).

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

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

5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

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__ (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 items:

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

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

chapter 67).

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

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

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

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

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

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

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

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

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

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

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

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

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

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

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

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

(v) 52.219-8, 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.

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

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

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (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).

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(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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Attachment 1

CONTRACTOR’S CERTIFICATION ON COMPLIANCE WITH

NATIONAL DEFENSE AUTHORIZATION ACT (NDAA)

I , certify that (First and Last name, type or print)

I am the , of (Official Title, type or print)

Company:

(Company Legal Name, Address, City, Postal Code, Country, type or print)

I completed enclosed representations and certifications related to NDAA Act accurately up to my best knowledge.

By signing this form I certify that misleading or inaccurate information represents violation of False Claims Act and may result to immediate cancellation or termination of current or future contract with the U.S. Government.

(Company Seal) Signature Date (MM/DD/YYY)

52.204–24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(OCT 2020).

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.

19TU1524-Q-3834 --- Page 21 of 24

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.

(a) Prohibition.

(1) 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—

(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.

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(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—

(1) 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. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered

19TU1524-Q-3834 --- Page 23 of 24 telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)