RFQ for PR12565065-Cell Phone-IRM.pdf

SBU - CONTRACTING AND ACQUISITIONS

U.S. EMBASSY in ANKARA, TÜRKİYE

SOLICITATION DOCUMENT

Solicitation for

Cell Phones

Solicitation No.: PR12565065, 19TU15-24-Q-3836

General Services Office: Acquisitions

Çukurambar, 1480 Sokak No 1, Çankaya, Ankara

RFQ for Cell Phones for U.S. Embassy of Ankara 19TU15-24-Q-3836 Page 1 of 26

TABLE OF CONTENTS

Section Page

SF-18 2

I. SCOPE OF PURCHASE REQUEST 3

II. TYPE OF CONTRACT 3

III. GENERAL CONDITIONS 3

IV. SPECIFICATION 4

V. SUBMISSION OF QUOTATIONS 5

VI. PRICING 6

VII. INVOICING and PAYMENT 7

VIII. DELIVERY AND RECEIPT CONDITIONS 7

IX. WARRANTY 8

X. EVALUATION CRITERIA 8

XI. LIST OF ATTACHMENTS 8

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS 9

Attachments:

Exhibit A – NDAA 889 Compliance 24

19TU15-24-Q-3836 Page 2 of 26

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

OF

PAGES

1. REQUEST NO.

19TU15-24-Q-3836

2. DATE ISSUED

05/23/2024

3. REQUISITION/PURCHASE REQUEST NO.

PR12565065

4. CERT. FOR NAT. DEF. UNDER

BDSA REG. 2 AND/OR DMS

REG. 1

RATING

5A. ISSUED BY General Services Office, American Embassy Ankara, Cukurambar, 1480 Sokak No 1, Cankaya, Ankara

6. DELIVER GOODS BY (Date)

Within 20 calendar days after award

5B. FOR INFORMATION CALL: 7. DELIVERY

X FOB DESTINATION OTHER (See Schedule) NAME

Anthony Chang

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

American Embassy of 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)

03/15/2024 at 15:00 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 iPhone 15, 256GB, Black color 24 each TRY or TRY or

- - - - USD 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

19TU15-24-Q-3836 Page 3 of 26

REQUEST for QUOTATION for CELL PHONES

I. SCOPE OF PURCHASE REQUEST

The American Embassy in Ankara, Türkiye requires iPhone 15 cell phones with 256GB storage capacity, in black color. The equipment needed for this requirement involves cell phones imported and distributed by Apple Türkiye. Offerors must be authorized reseller agents of Apple Türkiye and be able to facilitate the purchase per the conditions set forth in this solicitation document.

*** New Equipment ONLY; NO remanufactured or "gray market" cell phones. All cell phones must be covered by the manufacturer's standard warranty.

The proposal must include delivery to the Embassy warehouse in Kırkkonaklar, Ankara. The cell phone requirements and specifications are detailed in the attached SF-18 form and subsequent item.

II. TYPE OF CONTRACT

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

The RFQ does not obligate the American Embassy to make any award. The Embassy reserves the right to cancel this RFQ, or any part thereof, at any time. The Contracting Officer also reserves the right to reject any or all quotations and to waive any minor irregularities or discrepancies in the quotations received. The U.S.

Government is conducting this acquisition using simplified acquisition procedures as outlined in the Federal Acquisition Regulation (FAR), Part 13.

No additional payments will be made for any increase in the cost of materials, equipment, or labor, nor for the contractor's misestimation or failure to accurately foresee the costs or difficulties involved in fulfilling the requirements. All prices must be quoted in either Turkish Liras or U.S. Dollars.

III. GENERAL CONDITIONS

a. All cell phones offered must already be legally imported into Türkiye at the time of offer. Offers for cell phones not already in Türkiye cannot be considered.

b. Each cell phone’s IMEI number condition must be certified with a printout from the BTK (Bilgi Teknolojileri Kurumu

– Information Technologies and Communication Authority) database, accessible via https://www.turkiye.gov.tr/.

c. The invoice must clearly stipulate each cell phone’s IMEI and serial number, and the IMEI certification must be attached to the invoice(s).

d. Cellular and wireless capabilities: all cell phones must support LTE bandwidths of local service providers such as Turk Telekom (Avea), Turkcell, and Vodafone, and must not be locked to a specific service provider.

e. The offeror must be a legal distributor or reseller of Apple products.

https://www.turkiye.gov.tr/

19TU15-24-Q-3836 Page 4 of 26

f. Phones must come with a minimum 2-year warranty. Warranty certificates issued by Apple Türkiye must be delivered along with the cell phones.

g. Cell phones must be delivered in sealed, unopened original boxes.

h. Partial delivery of phones is not accepted unless the U.S. Government grants written partial delivery acceptance.

Delivery of ordered items must be completed within twenty (20) calendar days following the purchase order being emailed to the awardee.

IV. SPECIFICATION

The required specifications are listed below:

1. Cell Phone Make Model – iPhone 15, 256GB, Black color

a. Finish

• Black (assorted colors not allowed, whole quantity shall be of the same color)

b. Capacity

• Storage (GB) - 256

c. Weight (g) 171 (6.02 ounces)

d. Processor

• A16 Bionic chip

• 6-core CPU with 2 performance and 4 efficiency cores

• 5-core GPU

• 16-core Neutral Engine

e. Display

• Size (Main Display) – 6.1 inch (diagonal) all-screen OLED display

• Resolution (Main Display) – 2556-by-1179-pixel resolution at 460 ppi

• Technology (Main Display) - Super Retina XDR display

f. Camera

• 48MP Main: 26 mm, ƒ/1.6 aperture, sensor-shift optical image stabilization, 100% Focus Pixels, support for super-high-resolution photos (24MP and 48MP)

• 12MP Ultra-Wide: 13 mm, ƒ/2.4 aperture and 120° field of view

• 12MP 2x Telephoto (enabled by quad-pixel sensor): 52 mm, ƒ/1.6 aperture, sensor-shift optical image stabilization, 100% Focus Pixels

• 2x optical zoom in, 2x optical zoom out; 4x optical zoom range

• 4K video recording at 24 fps, 25 fps, 30 fps, or 60 fps

• 1080p HD video recording at 25 fps, 30 fps, or 60 fps

• 720p HD video recording at 30 fps

• Cinematic mode up to 4K HDR at 30 fps

• Action mode up to 2.8K at 60 fps

• HDR video recording with Dolby Vision up to 4K at 60 fps

g. Network

• 5G NR (Bands n1, n2, n3, n5, n7, n8, n12, n14, n20, n25, n26, n28, n29, n30, n38, n40, n41, n48, n53, n66, n70, n71, n75, n76, n77, n78, n79)

• 5G NR mmWave (Bands n258, n260, n261)

• FDD-LTE (Bands 1, 2, 3, 4, 5, 7, 8, 12, 13, 14, 17, 18, 19, 20, 25, 26, 28, 29, 30, 32, 66, 71)

• TD-LTE (Bands 34, 38, 39, 40, 41, 42, 46, 48, 53)

• UMTS/HSPA+/DC-HSDPA (850, 900, 1700/2100, 1900, 2100 MHz)

• GSM/EDGE (850, 900, 1800, 1900 MHz)

• 5G (sub-6 GHz and mmWave) with 4x4 MIMO

19TU15-24-Q-3836 Page 5 of 26

• Gigabit LTE with 4x4 MIMO and LAA10

• Wi-Fi 6 (802.11ax) with 2x2 MIMO

• Bluetooth 5.3

• Second-generation Ultra-Wideband chip

• NFC with reader mode

• Express Cards with power reserve

h. Connectivity

• USB Interface - USB Tip-C

• USB Version - USB 2.0

• Location Technology - GPS, Glonass, Beidou, Galileo, QZSS

• Earjack - USB Tip-C

• MHL - No

• Wi-Fi - 802.11 a/b/g/n/ac/ax 2.4G+5GHz, HE80, MIMO, 1024-QAM

• Wi-Fi Direct - Yes

• Bluetooth Version - Bluetooth v5.3

• NFC - Yes

• PC Sync. - Smart Switch (PC version)

i. Location

• GPS, GLONASS, Galileo, QZSS, and BeiDou

• Digital compass

• Wi-Fi

• Cellular

• iBeacon microlocation

j. Operating System: iOS 17

k. SIM Card

• Dual eSIM (two active eSIMs; stores eight or more eSIMs)

l. Sensors

• Accelerometer, Fingerprint Sensor, Gyro Sensor, Geomagnetic Sensor, Hall Sensor, Light Sensor, Virtual Proximity Sensing

m. Power and Battery

• Built-in rechargeable lithium-ion battery

• MagSafe wireless charging up to 15W

• Qi2 wireless charging up to 15W

• Qi wireless charging up to 7.5W

• Fast-charge capable:

Up to 50% charge in around 30 minutes with 20W adapter or higher

V. SUBMISSION OF QUOTATIONS

For a quotation to be considered, the offeror must complete and submit the following:

1. SF-18, including Section VI: Pricing.

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

https://www.apple.com/iphone-15/specs/#footnote-11 https://www.apple.com/shop/product/MHJA3AM/A/20w-usb-c-power-adapter

19TU15-24-Q-3836 Page 6 of 26

3. For proposals above $30,000.00, proof of completion for the Systems Award Management (SAM) Registry, Unique Entity Identification (UEI) Number, and NCAGE numbers.

4. Datasheets and catalogues of the proposed cell phones.

5. Certification that the offeror is an authorized reseller of the proposed products and services to the

Department of State, and that it has the required certification/specialization level from the local distributor to fully support the product sale, pricing, and where applicable servicing.

6. Identification of the warranty period.

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

Submit the complete quotation via email on or before 1500 hours (EST+8), Friday, May 31st, 2024, to Ankara- GSO-Procurement-DL@state.gov No quotations will be accepted after this date and time.

VI. PRICING

The contractor shall deliver the equipment required under this contract for the following firm-fixed price and within the specified time. The rates below shall include all costs associated with the equipment and delivery to the Embassy warehouse in Kırkkonaklar, Ankara, in accordance with the requirements set forth in this solicitation document. This includes the manufacturer’s warranty, materials, labor, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. All prices shall be in Turkish Liras or U.S. Dollars* and valid for 30 days.

(*) For proposal evaluation purposes, to ensure equity between offers, the exchange rate will be based on the Central Bank of Türkiye’s closing price for the Turkish Lira vs. U.S. Dollar on the solicitation due date.

Value Added Tax (VAT) is not applicable to this contract and should not be included in the Contract Line-Item Numbers (CLIN) rates or invoices. All prices must be quoted in Turkish Liras or U.S. Dollars and are to remain valid for 30 calendar days.

Please enter the unit price and total cost in the fields provided and sign below to confirm your understanding and agreement with the terms and conditions of this solicitation.

OFFERED BREAKDOWN OF PRICE BY DIVISIONS OF SPECIFICATIONS

DESCRIPTION

Unit Price Total Price

Qty. Unit (TRY or USD) (TRY or USD)

1 iPhone 15, 256GB, Black Color 24 Ea.

TOTAL

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

Offeror's Co.

Legal Title:______________________________________ Date: ____/____/_____

Legal representative’s signature mailto:Ankara-GSO-Procurement-DL@state.gov

19TU15-24-Q-3836 Page 7 of 26

VII. INVOICING and PAYMENT

The contractor shall submit the invoice after all the equipment 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 Turkish Liras or U.S. Dollars within thirty (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

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

Delivery place is the Embassy’s warehouse address in Ankara.

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

Points of Contacts:

A/GSO Anthony Chang will make all the arrangements in support of contractual work associated with this instruction and telecommunications specialist will handle acceptance of deliverable items. Contact information for the A/GSO is as follows:

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 15 (fifteen) calendar days following the purchase order being e-mailed to the awardee.

Delivery location:

U.S. Embassy Warehouse

314. Cadde (Eski 22), Celik Apt. No: 11, (Mal kabul: 313. Sokak tarafindadir) Kirkkonaklar, Cankaya, Ankara mailto:ankara-fmc-dbo-mb@state.gov

19TU15-24-Q-3836 Page 8 of 26

IX. WARRANTY

The contractor shall clearly identify and state manufacturer’s warranty period which shall be minimum 2 years.

The vendor shall be responsible and liable of providing the necessary compensation in case of any finding defective, faulted or shortages in the cell phone(s) 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

19TU15-24-Q-3836 Page 9 of 26

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

52.212-4 Contract Terms and Conditions – Commercial Items

(Alternate I (OCT 2008) of 52.212-4 applies if the order is time-and-materials or labor-hour)

OCT 2018

52.225-19 Contractor Personnel in a Diplomatic or Consular Mission Outside the United States

MAY 2020

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran – Representation and Certification

JUN 2020

52.227-19 Commercial Computer Software License DEC 2007

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

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

The following clause is provided in full text:

https://www.acquisition.gov/far http://www.statebuy.state.gov/dosar/dosartoc.htm

19TU15-24-Q-3836 Page 10 of 26

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 (Jul 2018) (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 (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (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].

19TU15-24-Q-3836 Page 11 of 26

__ (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 (Mar 2020) (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 (Mar 2020) (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 (Jun 2020) (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 (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)).

19TU15-24-Q-3836 Page 12 of 26

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C.

657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (Nov 2020) (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 (Mar 2020) (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 (Mar2020) (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 (Mar 2020) (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 (Jan2020) (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).

__ (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 (Oct 2020) (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 (Oct 2015). (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.)

19TU15-24-Q-3836 Page 13 of 26

__ (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.

__ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(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 (Jan 2021) of 52.225-3.

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

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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 (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (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 (Feb 2006) (46 U.S.C. Appx.

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

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

__ (iii) Alternate II (Feb 2006) 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:

__ (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).

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__ (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 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial 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 (Jun 2020) (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

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(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 (Oct 2020) (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).

(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 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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.

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(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 (Feb 2006) (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)

52.204-27 Prohibition on a ByteDance Covered Application.

PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

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(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.

As prescribed in 4.2306(c), insert the following clause:

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

https://www.acquisition.gov/far/part-4#FAR_4_2306 https://www.govinfo.gov/link/uscode/41/4713 https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e)

19TU15-24-Q-3836 Page 19 of 26

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or https://www.govinfo.gov/link/uscode/50/3003 https://www.govinfo.gov/link/uscode/44/3552

19TU15-24-Q-3836 Page 20 of 26

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)

(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

https://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_2304

19TU15-24-Q-3836 Page 21 of 26

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement.

(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)

(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

https://dibnet.dod.mil/

19TU15-24-Q-3836 Page 22 of 26

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

19TU15-24-Q-3836 Page 23 of 26

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

19TU15-24-Q-3836 Page 24 of 26

Exhibit A

CONTRACTOR’S CERTIFICATION ON COMPLIANCE WITH

NATIONAL DEFENSE AUTHORIZATION ACT (NDAA)

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

I am…