RFQ for PR12704569 SUV-MPooL.pdf

SBU - CONTRACTING AND ACQUISITIONS

U.S. EMBASSY in ANKARA, TÜRKİYE

SOLICITATION DOCUMENT

Solicitation for

Left Hand Drive (LHD), Front Wheel Drive (FWD), Auto-Transmission, 5-Seater, Gasoline, max. 1.5 Liter Turbo Charged Engine, Sport Utility Vehicle (SUV).

Solicitation No.: PR12704569, 19TU15-24-Q-4155 General Services Office: Acquisitions

Çukurambar, 1480 Sokak No 1, Çankaya, Ankara

RFQ for Front Wheel Drive (FWD) Sport Utility Vehicle (SUV) - U.S. Embassy in Ankara, Türkiye 19TU15-24-Q-4155 Page 1 of 33

TABLE OF CONTENTS

Section Page

SF-18 2

I. SCOPE OF PURCHASE REQUEST 3

II. TYPE OF CONTRACT 4

III. GENERAL CONDITIONS 5

IV. SPECIFICATION 5

V. REQUIRED DOCUMENTS-SHIPPING 6

VI. SUBMISSION OF QUOTATIONS 7

VII. PRICING 7

VIII. INVOICING and PAYMENT 9

IX. DELIVERY AND RECEIPT CONDITIONS 9

X. WARRANTY 10

XI. EVALUATION CRITERIA 10

XII. LIST OF ATTACHMENTS 11

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS 11

Attachments:

Exhibit A – NDAA 889 Compliance 30

19TU15-24-Q-4155 Page 2 of 33

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-4155

2. DATE ISSUED

07/23/2024

3. REQUISITION/PURCHASE REQUEST NO.

PR12704569

4. CERT. FOR NAT. DEF. UNDER BDSA

REG. 2 AND/OR DMS REG. 1

RATING

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

6. DELIVER GOODS BY (Date)

Within 30 calendar days after award

5B. FOR INFORMATION CALL: 7. DELIVERY

X FOB DESTINATION OTHER (See Schedule) NAME

Shemuel T Garber

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)

07/30/2024 at 15:00 hrs (EST+8)

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)

Left-Hand Drive (LHD), Front Wheel Drive (FWD), 5-Seater, 4-Door, Gasoline, max. 1.5 Liter Turbo Charged Engine, min 8-Speed Automatic Transmission, Sport Utility Vehicle (SUV).

3 each

TRY

or

USD

TRY

or

USD

12 DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

b. 20 CALENDAR

DAYS

c. 30 CALENDAR DAYS

d. CALENDAR DAYS

NUM

BER

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

STANDARD FORM 18 (REV. 6-95)

19TU15-24-Q-4155 Page 3 of 33

REQUEST for QUOTATION for Left Hand Drive (LHD), Front Wheel Drive (FWD), Auto-Transmission, 5-Seater, Gasoline, max. 1.5 Liter Turbo Charged Engine, Sport Utility Vehicle (SUV)

I. SCOPE OF PURCHASE REQUEST

The American Embassy in Ankara, Türkiye, is requesting quotations for three (3) each brand-new, Left-Hand Drive (LHD), Front-Wheel Drive (FWD), Auto-Transmission, 5-Seater, 4-Door Sport Utility Vehicle (SUV). The vehicle should be equipped with a gasoline turbocharged engine, not exceeding

1.5 liters, and must have minimum 8-speed automatic transmission. While a hybrid engine is preferred, it is not a requirement. The vehicles must be supplied by a vendor who can fully comply with the specifications and conditions detailed in this solicitation document.

*** New Equipment ONLY; NO remanufactured or "gray market" vehicles. Vehicles must be covered by the manufacturer's standard warranty in Türkiye and their warranty status must be attested with a commitment letter among submittals.

Detailed vehicle requirements and specifications are included in the attached SF-18 form and following item.

• Vendors are invited to submit quotations for vehicles that are equivalent, provided they meet all the salient physical, functional, and performance characteristics as specified in this solicitation and detailed in FAR 52.211-6.

• For the vehicles not already in Türkiye at the time of offer, proposal’s delivery term must be

Delivered-At-Place (DAP) -Incoterms 2020- to ensure delivery to a bonded warehouse in Ankara city of Turkey for which the entity and location information will be relayed to the potential awardee.

• For the vehicles already in Türkiye at the time of offer, proposal’s delivery place must be the Embassy's physical address in Çukurambar, Çankaya, Ankara.

Under DAP term the seller is responsible for all costs and risks associated with the delivery of the vehicle to the final destination: designated bonded warehouse in Ankara or Embassy compound in Ankara. The Embassy is responsible only for importing and unloading the vehicle.

19TU15-24-Q-4155 Page 4 of 33

Breakdown of the Seller’s and Buyer’s Responsibilities Under DAP Agreement -Incoterms 2020-.

Seller’s Responsibilities

- Export Packaging: Preparing the cargo for export.

- Loading Charges: Any costs associated with loading the cargo onto the truck at the seller’s warehouse.

- Delivery to Port/Place: The trucking or delivery fees associated with transporting the cargo to port or place of export.

- Export Duty, Taxes & Customs Clearance: All costs and responsibilities associated with exporting the cargo.

- Origin Terminal Handling Charges: Also known as OTHC, the seller is responsible for these charges.

- Loading on Carriage: The seller must cover all costs to load the cargo onto the carriage.

- Freight Charges: The shipping cost to transport the cargo to the buyer’s destination.

- Destination Terminal Handling Charges: Also known as DTHC, the seller is responsible for these charges.

- Delivery to Destination: Once the cargo arrives at the buyer’s destination port, the seller is responsible for the final journey to truck the load to the final destination.

Buyer’s Responsibilities

- Unloading at Destination: The buyer is responsible for any costs associated with unloading the cargo once it arrives via truck to their final destination, usually a bonded warehouse.

- Import Duty, Taxes & Customs Clearance: The buyer is responsible for all importation costs associated with the shipment.

II. TYPE OF CONTRACT

This contract will be a firm-fixed-price purchase order, payable entirely in Turkish Liras or U.S.

Dollars. The quoted prices must cover all labor, materials, overhead, profit, transit insurance, and transportation costs required to deliver the specified vehicles to the Embassy’s physical address, or to a designated bonded warehouse in Ankara, unless specified otherwise (refer to 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

19TU15-24-Q-4155 Page 5 of 33 involved in fulfilling the requirements. All prices must be quoted in either Turkish Liras or U.S.

Dollars.

III. GENERAL CONDITIONS

a. For non-local suppliers, the offered vehicle must be delivered in accordance with Delivered-At-Place

(DAP) term to a designated bonded warehouse in Ankara, as stipulated by Incoterms 2020.

b. For local suppliers, the offered vehicle must be legally imported into Türkiye and prepared for delivery to the Embassy's specified address in Ankara city.

c. Quotations specifying delivery period exceeding 30 days may be deemed non-competitive and subject to disqualification.

d. The offeror must be either the manufacturer, a legally authorized distributor, or a certified re-seller of the vehicle.

e. The vehicles must be accompanied by a warranty of at least four years/100,000 km whichever comes first or better. Corresponding warranty certificates, issued by the manufacturer, must be provided at the time of vehicle delivery.

f. Delivery of the vehicles and its components must be complete. Partial deliveries will not be accepted unless expressly authorized in writing by the U.S. Government.

g. Effective January 1, 2012, the International Maritime Dangerous Goods (IMDG) Code mandates that vehicles transported in containers be classified as hazardous goods. However, shipping lines will classify vehicles as non-hazardous provided their fuel tanks are empty and their batteries are disconnected. Consequently, the fuel tanks of all vehicles must be empty, and their batteries must be disconnected prior to shipping.

IV. SPECIFICATION

The vehicle offered must be a left-hand drive (LHD), model year 2024, and constructed -homologated- to comply with European or American specifications, meeting the following criteria:

# Description Requirement 1 Vehicle type Front-engine Sport Utility Vehicle (SUV) 2 Drive type Left-Hand Drive (LHD), 4x2 Front-wheel drive (FWD) 3 Fuel type Gasoline 4 Engine type Intercooled turbo (Hybrid capability is desirable but not mandated)

19TU15-24-Q-4155 Page 6 of 33

5 Engine displacement max. 1.5 Liter 6 Brakes Front: Disc, Rear: Disc 7 Seating capacity 5-Seater Front 1+1 separate, Rear 3 8 Doors 4-door 9 Power PS min. 130 kW

10 Torque min. 240 Nm 11 Transmission min. 8-Speed automatic 12 Emission level Min. Euro 6.2 13 Anti-lock braking syst required 14 Vehicle stability cont. required 15 Driver/Passenger Airbag required 16 Side/Curtain Airbag required 17 Cruise Control required 18 Auto-parking pilot required 19 Lane Keeping System-Assist required 20 Blind Spot Warning System required 21 Collision Prevention Assist required 22 Air Conditioning required 23 Electric Windows required 24 Electric Door Locks required 25 Reverse Parking Sensors required 26 Power Adjustable Mirrors required 27 Preferred colors Black, White

V. REQUIRED DOCUMENTS-SHIPPING

a. For the vehicles not already in Türkiye at the time of offer: The awardee must provide the documents listed below along with the vehicle. Immediately after dispatching the vehicle, a letter notifying the Embassy of the shipment and the estimated arrival date, along with the contact information of the shipping line’s agency in Türkiye and scanned copies of the documents, must be sent to Ankara-GSO-Procurement-DL@state.gov

1. Vehicle Title or Certificate of Technical Conformity: Provide one original.

2. Invoice: Submit one original and one copy. The invoice must clearly include vehicle’s VIN

(Vehicle Identification Number) and the vendor’s bank account details.

3. Packing List: Provide one original and one copy.

4. Bill of Lading (BOL): Submit two originals and three copies.

5. Certificate of Origin: Provide one original and one copy.

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

19TU15-24-Q-4155 Page 7 of 33

6. Certificate of Insurance: Submit one original and one copy.

b. For the vehicles already in Türkiye at the time of offer

1. Certificate of Technical Conformity (Uygunluk belgesi): Provide one original.

2. Invoice: Submit one original and one copy. The invoice must clearly include vehicle’s VIN

(Vehicle Identification Number) and the vendor’s bank account details.

VI. SUBMISSION OF QUOTATIONS

To ensure consideration, offerors must complete and submit the following:

1. SF-18 Form: Complete blocks 11, 13, 14, 15, and 16, including the VII Pricing section, as attached herein.

2. Solicitation Amendments: Provide a signed copy of any solicitation amendments (if any).

3. SAM Registration Proof: For proposals exceeding $30,000.00, submit proof of registration with the

System for Award Management, including Unique Entity Identification Number (UEI) and NCAGE numbers.

4. Datasheets and Catalogues: Include datasheets and catalogues of the proposed vehicle.

5. Authorization Document: Provide proof confirming the offeror’s status as the manufacturer, importer, or authorized reseller of the product and services proposed to the Department of State.

This must include evidence of the required certification or specialization level from the manufacturer or distributor to fully support the product sale, pricing and where applicable servicing.

6. Warranty Information: Identify the manufacturer’s minimum 4-year/100,000 km standard warranty period or better.

7. NDAA 889 Compliance: Submit a filled, signed, and company sealed NDAA 889 Compliance document as per Exhibit A.

Please submit the complete quotation via email to Ankara-GSO-Procurement-DL@state.gov no later than 1500 hours (GMT+3) on Tuesday, July 30th, 2024. Quotations received after this deadline will not be accepted.

VII. PRICING

The contractor shall deliver the vehicle specified in this contract at the agreed firm fixed price and within the designated timeframe.

The quoted rates must include all costs associated with the vehicle, such as DAP delivery to the Embassy compound or a designated bonded warehouse in Ankara. These costs encompass

19TU15-24-Q-4155 Page 8 of 33 materials, labor, insurance (refer to FAR 52.228-4 and 52.228-5), overhead, profit, and the manufacturer’s warranty.

Value Added Tax (VAT) -Katma Deger Vergisi (KDV)- and Special Consumption Tax (SCT) -Ozel Tuketim Vergisi (OTV) are 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.

(*) For proposal evaluation purposes, to ensure equity between offers, the exchange rate will be based on the Central Bank of Türkiye’s Banknote Buying price at 1530 hours (GMT +3) for the Turkish Lira

vs. U.S. Dollar on the solicitation due date.

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 EUR) (TRY or EUR)

Left-Hand Drive (LHD), All Wheel Drive (AWD), 5-Seater, 4-Door, Gasoline 1.5 Liter, Turbo Charged Engine, min 8- Speed Automatic Transmission, Sport Utility Vehicle

(SUV).

Offered vehicle’s:

Brand name: __________________________________________ Model: ________________________________________________ Year: __________________________________________________ Color: _________________________________________________ each

TOTAL

We hereby agree and commit to deliver the above specified Sport Utility Vehicle to ___(insert proposed delivery place)___ for Embassy Ankara within (say) ___(Insert proposed delivery days)___ days after award per the terms and conditions stipulated in the solicitation document.

Offeror's Co.

Legal Title: _________________________________________________________________________ Date: ____/____/_____

Legal representative’s signature

19TU15-24-Q-4155 Page 9 of 33

VIII. INVOICING and PAYMENT

The contractor is required to submit the invoice once the vehicle specified in this solicitation document has been delivered to the designated destination. The invoice must include all required documentation related to the delivered vehicle.

Payment for the local providers will be made in Turkish Liras and for non-local vendors in U.S.

Dollars and will be processed 30 days following the vehicle's delivery or 30 days after the Embassy's payment office receives the ordered commodity along with the proper invoice, whichever occurs later. Please note, advance payments are not authorized. Invoices should be sent to the Point of Contact (POC) at the Embassy and emailed to: US Embassy ANKARA [ ankara-fmc-dbo-mb@state.gov ]. All invoices must be exempt from VAT and SCT; a VAT and SCT exemption will be provided by the Government.

For an invoice to be considered valid, it must include the following information:

a. Purchase Order Number.

b. Description of the vehicle, serial number, color, quantity, and total price.

c. Statement of VAT Exemption.

d. Banking details, including the Bank Name, Branch Name, Account Number, and IBAN.

The U.S. Government will review the invoice within 7 calendar days of receipt and will either return it as improper or proceed with payment processing.

IX. DELIVERY AND RECEIPT CONDITIONS

The vehicle must be delivered in brand new, fully operational condition to the Embassy's address, or a designated bonded warehouse in Ankara. A comprehensive physical examination of the sport utility vehicle, as per the detailed specifications, will be conducted by personnel designated by the Embassy before any payment is processed.

Points of Contacts:

S/GSO Eric Parker will make all the arrangements in support of contractual work associated with this instruction and motor pool specialist will handle acceptance of deliverable items. Contact information for the S/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 Period and Locations:

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

19TU15-24-Q-4155 Page 10 of 33

Delivery Period: Partial deliveries are not permitted. The complete delivery of the ordered vehicle and all its components must occur within 60 calendar days from the date the purchase order is emailed to the awardee.

Delivery Locations:

1. Non-local Vendors: Deliveries must be made Delivered-At-Place (DAP) -Incoterms 2020- to ensure delivery to a bonded warehouse in Ankara city of Türkiye.

2. Local Vendors: Deliveries must be made to the consignee address specified below in the city of

Ankara, Türkiye.

Invoice billing address:

EMBASSY OF THE UNITED STATES OF AMERICA IN ANKARA

1480 SOKAK NO 1, CANKAYA

ANKARA 06530, TURKIYE

Consignee:

EMBASSY OF THE UNITED STATES OF AMERICA IN ANKARA

1480 SOKAK NO 1, CANKAYA

ANKARA 06530 TURKIYE

PoC: to be provided to the awardee.

Email: ankara-shipping-dl@state.gov Tel.: to be provided to the awardee.

Notify:

Same as consignee Ankara Shipping Email: ankara-shipping-dl@state.gov

X. WARRANTY

The contractor must clearly specify the manufacturer's warranty period, which must be a minimum of four years – 100,000 kilometers or better. Additionally, the vendor is responsible and liable for providing appropriate compensation for any defects, faults, or shortages discovered in the vehicle after its delivery to the Embassy.

XI. EVALUATION CRITERIA

Award will be granted to the quoter offering the lowest price that meets all requirements and demonstrates responsibility. The Government reserves the right to reject any quotations that are unreasonably low or high. Acceptability will be assessed based on the offeror's compliance with the RFQ terms. Responsibility will be determined through an analysis of the quoter's adherence to FAR 9.1 requirements, including:

1. The ability to meet the required performance period, considering all current commercial and governmental commitments.

2. A proven record of integrity and business ethics.

mailto:ankara-shipping-dl@state.gov mailto:ankara-shipping-dl@state.gov

19TU15-24-Q-4155 Page 11 of 33

3. The necessary organizational structure, experience, and skills, or the capacity to acquire them.

4. Adequate equipment and facilities, or the ability to secure them.

5. Qualifications and eligibility to receive an award, as per applicable laws and regulations.

XII. LIST OF ATTACHMENTS

Attachment Number Description of Attachment Number of Pages Attachment 1 NDAA 889 Compliance 4

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 this address is subject to change.

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

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES

NUMBER TITLE DATE

52.202-1 Definitions Jun 2020

52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees May 2014 https://www.acquisition.gov/far http://www.statebuy.state.gov/dosar/dosartoc.htm https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

19TU15-24-Q-4155 Page 12 of 33

52.203-8 Cancellation, Rescission, And Recovery of Funds for Illegal or Improper Activity

May 2014

52.203-10 Price Or Fee Adjustment for Illegal or Improper Activity May 2014

52.203-12 Limitation On Payments to Influence Certain Federal Transactions Jun 2020

52.203-13 Contractor Code of Business Ethics Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

Jun 2020

52.204-4 Printed Or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-7 System For Award Management Oct 2018

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Jun 2020

52.204-12 Data Universal Numbering System Number Maintenance Oct 2016

52.204-13 System For Award Management Maintenance Oct 2018

52.204-18 Commercia Land Government Entity Code Maintenance Aug 2020

52.204-23 Prohibition On Contracting for Hardware, Software, And Services Developed or Provided by Kaspersky Lab and Other Covered Entities

Jul 2018

52.204-25 Prohibition On Contracting for Certain Telecommunication and Video Surveillance Services or Equipment

Nov 2021

52.204-27 Prohibition On a Byte dance Covered Application Jun 2023

52.209-6 Protecting The Government's Interest When Subcontracting with Contractors Debarred, Suspended, Or Proposed for Debarment

Jun 2020

52.210-1 Market Research Jun 2020

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

52.215-2 Audit And Records – Negotiation Jun 2020

19TU15-24-Q-4155 Page 13 of 33

52.215-8 Order Of Precedence-Uniform Contract Format Oct 1997

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data – Modifications

Jun 2020

52.215-13 Subcontractor Certified Cost or Pricing Data – Modifications Jun 2020

52.215-21 Requirements For Cost or Pricing Data or Pricing Data or Information Other Than Cost or Pricing Data-Modifications

Jun 2020

52.216-7 Allowable Cost and Payment Jun 2013

52.222-1 Notice To the Government of Labor Disputes Feb 1997

52.222-19 Child Labor – Cooperation with Authorities and Remedies Jan 2020

52.222-50 Combatting Trafficking in Persons Oct 2020

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

Jun 2020

52.225-13 Restrictions On Certain Foreign Procurements Feb 2021

52.225-14 Inconsistency Between English Version and Translation of Contract Feb 2000

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

52.228-5 Insurance-Work on A Government Installation Jan 1997

52.228-11 Pledges Of Assets Jan 2012

52.228-13 Alternative Payment Protection Jul 2000

52.228-14 Irrevocable Letters of Credit Nov 2014

52.229-6 Taxes - Foreign Fixed-Price Contracts Feb 2013

52.229-7 Taxes- Fixed Price Contracts with Foreign Governments Feb 2013

19TU15-24-Q-4155 Page 14 of 33

52.232-1 Payments Apr 1984

52.232-5 Payments Under Fixed-Price Construction Contracts (Applicable to Individual Delivery Orders)

Sept 2002

52.232-8 Discounts For Prompt Payment Feb 2002

52.232-17 Interest May 2014

52.232-18 Availability Of Funds Apr 1984

52.232-22 Limitations Of Funds Jun 2013

52.232-25 Prompt Payment Jan 2017

52.232-27 Prompt Payment for Construction Contract (Applicable to Individual Delivery Orders)

Jan 2017

52.232-28 Electronic Funds Transfer Payment Methods Apr 1989

52.232-32 Performance-Based Payments Apr 2012

52.232-33 Payment By Electronic Funds Transfer-System for Award Management

Oct 2018

52.232-34 Payment By Eft – Other Than Sam July 2013

52.232-40 Providing Accelerated Payments to Small Business subcontractors Dec 2013

52.233-1 Disputes (May 2014), Alternate I Dec 1991

52.233-3 Protest After Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.236-2 Differing Site Conditions Apr 1984

52.236-3 Site Investigations and Conditions Affecting the Work Apr 1984

52.236-5 Material And Workmanship Apr 1984

52.236-6 Superintendence By the Contractor Apr 1984

52.236-7 Permits And Responsibilities Nov 1991

52.236-8 Other Contracts Apr 1984

52.236-9 Protection Of Existing Vegetation, Structures Equipment, Utilities, And Improvements

Apr 1984

19TU15-24-Q-4155 Page 15 of 33

52.236-10 Operations And Storage Apr 1984

52.236-11 Use And Possession Prior To Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-14 Availability And Use of Utility Services Apr 1984

52.236-15 Schedules For Construction Contracts Apr 1984

52.236-21 Specifications And Drawings for Construction Feb 1997

52.236-26 Preconstruction Conference Feb 1995

52.237-3 Continuity Of Services Jan 1991

52.242-13 Bankruptcy July 1995

52.243-1 Changes-Fixed-Price – Alternate Ii (Apr 1984) Aug 1987

52.245-1 Government Property Sep 2021

52.245-2 Government Property Installation Operation Services Apr 2012

52.245-9 Use And Charges Apr 2012

52.246-17 Warranty Of Supplies of a Noncomplex Nature Jun 2003

52.246-21 Warranty Of Construction Apr 1984

52.246-26 Reporting Non-forming Items Jun 2020

52.248-1 Value Engineering Jun 2020

52.249-4 Termination For Convenience of The Government (Services) (Short Form)

Apr 1984

52.249-8 Default (Fixed-Price Supply and Service) Apr 1984

52.249-10 Default (Fixed Price Construction) Apr 1984

52.249-14 Excusable Delays Apr 1984

52.253-1 Computer Generated Forms Jan 1991

The following clause is provided in full text:

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

19TU15-24-Q-4155 Page 16 of 33

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:

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.)

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__ (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 (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)).

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__ (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 (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).

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__ (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.)

__ (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.

19TU15-24-Q-4155 Page 20 of 33

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

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

__ (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).

19TU15-24-Q-4155 Page 21 of 33

__ (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 (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-

19TU15-24-Q-4155 Page 22 of 33

(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 (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).

19TU15-24-Q-4155 Page 23 of 33

(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 (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.

19TU15-24-Q-4155 Page 24 of 33

(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)

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(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…