RFQ KrS26 LSA BLS W91QVP26Q0301.pdf

COMBINED SYNOPSIS/SOLICITATION-REQUEST FOR QUOTE (RFQ):

W91QVP-26-Q-0301

Base Life Support

Keris Strike 2026 (KrS26), Malaysia

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with RFO part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number W91QVP-26-Q-0301 is issued as a Request for Quotation (RFQ) for Base Life Support Services in support of Keris Strike 2026 in Malaysia.

This acquisition is not set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

DESCRIPTION OF REQUIREMENT:

The Government intends to award a Firm-Fixed Price Contract to provide Base Life Support Services in support of Keris Strike 2026 in Malaysia. This procurement is a competitive requirement.

ITEM DESCRIPTION TOTAL AMOUNT

0001 Base Life Support (IAW PWS and Order Form) Contractor enter the total amount for each CLIN in

USD or MYR

0002 Defense Base Act Insurance (Cost Estimate - reference 52.228-3 Workers’ Compensation Insurance) ESTIMATE (price not evaluated)

Total (In USD or MYR)

Contractor Name:

Contractor Signature:

Date Signed:

http://www.acquisition.gov/

Please reference Order Form for 3 JULY – 3 AUG 2026 PERIOD OF PERFORMANCE (PoP):

There may be different PoPs for each line item in the sheet.

specific PoPs.

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – Commercial Items (SEP 2023)

In addition to the following addendum, all terms and conditions of FAR provision 52.212-1 remain in effect. The following have been tailored to this procurement and are hereby added via addendum:

1. SOLICITATION/OFFEROR REQUIREMENTS

a. OFFER SUBMISSION

2. Offer shall consist of, at a minimum:

a. Signed and dated solicitation in PDF Format with total price for all CLINs to include completing the last page with contractor information.

i. The price must be in either USD or MYR.

ii. The contractor shall submit and sign the most current published Amendment, if applicable.

iii. The contractor shall also complete clause 52.229-11, 252.204-7016, and

252.229-7001 on this solicitation.

b. Completed Order Form in USD or MYR. This must match the currency on the signed solicitation.

i. The vendor’s quote shall include complete and accurate pricing of all Contract Line

Item Numbers (CLINs) and extended line item numbers (ELINs) identified on the Order Form. Each CLIN and ELIN should include the unit price, as well as the total amount. All amounts shall be rounded to the nearest hundredth decimal place (i.e., $X.XX). In the event of mathematical errors, the unit price will be used as the basis for computing price.

ii. Vendors shall indicate how long the quote is valid, as a minimum the quote shall be valid for 90 days

c. Technical Approach: Contractor will submit a technical approach that demonstrates clear understanding of the performance work statement and explains in detail how each service or objective in the order form will be met in accordance with the terms and conditions of the RFQ.

Providing photos of proposed equipment is encouraged to supplement the technical approach.

i. Itemized tent list must be included in technical approach. Tents must be itemized to ensure compliance with The Berry Amendment Act (list each component associated with the cost of the tent)

d. Relevant Experience: No more than three Relevant Past Experiences using Attachment 3 provided.

(2) Submission of quotes will be received via email to the Contract Specialist, MAJ Frank Wright at franklin.h.wright.mil@army.mil and the Contracting Officer, SFC Michael Walnoha at michael.s.walnoha2.mil@army.mil. It is the responsibility of the offeror to ensure quotations are received and acknowledged by the Contract Specialist and the Contracting Officer on or before the deadline for submission of quotes.

(3) Issued solicitation packages will be emailed. Once email is sent out, interested offerors are responsible to monitor their email until the closing date for any issued amendments.

4) Address all questions or concerns you may have to the KO and the KS. Please identify the applicable performance work statement (PWS) paragraph number or solicitation reference with each question. All questions regarding this solicitation shall be submitted in writing via email to:

franklin.h.wright.mil@army.mil and michael.s.walnoha2.mil@army.mil.

(5) Questions shall be submitted no later than 19 JUNE 2026 1 p.m. Hawaii Standard Time on. Quotes shall be submitted no later than 24 JUN 2026 1 p.m. Hawaii Standard Time. Questions received after the suspense may not be answered.

(6) Delivery Instructions – The digital signed solicitation with quote and technical specifications shall be submitted in one email with separate labeled documents. The email shall be marked as below:

Email Title: Solicitation number W91QVP-26-Q-0301 Content’s title: KrS26 LSA BLS Offeror’s name: (emplace your name here)

(7) Materials not directly related to the information requested shall not be included in the quote. Any information not requested will be disregarded in the evaluation process. Unnecessarily elaborate quotes are neither necessary nor desirable.

b. GENERAL INSTRUCTIONS

(1) The selection of a source for award purposes will be conducted utilizing simplified acquisition procedures as delineated in FAR Part 12.203, Evaluation of Offers. Offers will be evaluated using the criteria under addendum to 52.212-2, “Evaluation – Commercial Items.”

(2) The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(3) In accordance with RFO Subpart 4.7 Contractor Records Retention, the Government will retain one copy of all unsuccessful offers. Unless the offeror requests otherwise, the Government will destroy extra copies of such unsuccessful offers.

(4) If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the offeror shall immediately notify the KO in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort mailto:franklin.h.wright.mil@army.mil mailto:michael.s.walnoha2.mil@army.mil mailto:franklin.h.wright.mil@army.mil mailto:landmichael.s.walnoha2.mil@army.mil based on the initial offer, as received, without clarifications.

(5) All referenced documents for this solicitation are included in the RFQ.

(6) Sam.gov Registration: The vendor must be actively registered in Sam.gov at the time of offer submission. Registration can be completed at https://www.sam.gov.

(7) Procurement Integrated Enterprise Environment (PIEE) and Wide Area Workflow (WAWF) Registration: Contractors MUST also be actively registered in PIEE with the appropriate roles in WAWF in order to get paid. Paper copies will not be accepted. Registration can be completed at https://piee.eb.mil.

(8) The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition.

(9) The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.

(10) The clauses apply to this acquisition: 52.209-6; 52.222-19; 52.224-3 Alt I. It is the contractor’s responsibility to review these clauses prior to submitting their quote. Clauses can be obtained at www.acquisition.gov.

(11) Invoicing will occur at the end of the period of performance; no other forms of contract financing are permitted in the acquisition.

(12) The Defense Priorities and Allocations System (DPAS) and assigned rating is not used for this requirement.

c. OFFER PREPARATION INSTRUCTIONS

(13) See above for specific instructions on preparing all required documents for your offer to be considered responsive.

(14) Offer Limitation. The Government may not accept any changes to the contractor’s offer after the closing date of the solicitation.

(15) The offeror shall provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your offer and who can obligate your company contractually.

ADDENDUM TO 52.212-2 EVALUATION – Commercial Products and Commercial Services

** Basis of Award. This is a comparative evaluation conducted IAW Part 12 - Acquisition of Commercial Products and Commercial Services. The Government intends to award a Firm Fixed Price Contract resulting from competitive quotes received in response to this solicitation. Award will be made to a single offeror who is deemed responsible in accordance with FAR Part 9, whose offer conforms to the solicitation requirements, meets the specifications of the performance work statement, and is the most advantageous to the Government, Price and Other Factors considered. The Government will evaluate the total price to determine if it is fair and reasonable. The lowest price may or may not win the contract https://www.sam.gov/ https://piee.eb.mil/ award once all factors are considered in the comparative evaluation. All contractors are reviewed for responsibility IAW FAR 9 and for US Government past performance.

Past Performance: Quoters need not submit past performance information. The Government will consider past performance information, if available, from the web-enabled Supplier Performance Risk System (SPRS) regarding the Offeror’s past performance history to supplement the technical evaluation. The Government may query other internal databases (e.g. CPARS) at its discretion.

The following factors shall be used to evaluate Offeror(s)

1. Price

2. Technical Approach

3. Recent and Relevant Experience

1. Price Price is not formally scored. The Government expects competitive quotes to be submitted for this procurement and will use these competitive quotes to determine price reasonableness. Price will be evaluated based on the total cost. If competitive quotes are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness. The Government intends to evaluate quotes and award without discussion;

therefore, quotes should be the contractor’s best pricing. DBA Insurance is an estimated cost and is not evaluated.

Completeness- Each offeror is required to provide complete pricing for each contract line identified. The price quote shall include a unit price for each item and total firm-fixed-price for all line items

Price Reasonableness-The offeror shall ensure prices reflect fair market value and be reasonable when compared to the independent Government estimate, if applicable, and current market prices for same or similar services.

2. Technical Approach Contractor will submit a technical approach that demonstrates clear understanding of the Performance Work Statement and explains in detail how each service or objective in the Order Form will be met in accordance with the terms and conditions of the RFQ. Contractors are encouraged to submit photos of their proposed equipment (tents, generators, vehicles, etc.) to supplement their technical approach. Contractor will submit an itemized component list of the tents that will be provided in order to demonstrate strict compliance with the Berry Amendment (10 U.S.C. 2533a) and DFARS Clause 252.225-7012. Offerors must submit an itemized list detailing the manufacturer and country of origin for the primary components of each tent model offered. Textiles and fabrics components of tents must NOT exceed $250,000. If fabric materials exceed $250,000 contractor must provide American made tents. Cost of material shall be detailed on tent itemization form.

3. Recent and Relevant Experience Contractor shall demonstrate recent and relevant experience within the last three (3) years for work similar in scope, size, and complexity to the requirements of this acquisition.

Quoters shall document this experience by completing and submitting Attachment 3 – Experience Worksheet as part of their quote. The Government will evaluate no more than three (3) examples of past work experience provided by the Quoter. While Quoters will not be penalized for a lack of recent and relevant experience, they may receive positive consideration for demonstrating recent and relevant experience.

Recency- The Government will assess whether the past work experience provided is recent.

For the purposes of this acquisition, "recent" is defined as performance occurring within three (3) years from the date the RFQ was issued.

Relevancy- The Government will assess whether the past work experience provided is relevant. “Relevant” is defined as work similar in scope, size, and complexity to the services required under this RFQ.

Definitions Reasonableness: A price that is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Past Performance: Quoters need not submit past performance information. The Government will consider past performance information, if available, from the web-enabled Supplier Performance Risk System (SPRS) regarding the Offeror’s past performance history to supplement the technical evaluation. The Government may query other internal databases (e.g. CPARS) at its discretion.

The following FAR provisions and clauses are applicable to this acquisition:

52.203-3 Gratuities 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.203-13 Contractor Code of Business Ethics and Conduct 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation 52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-13 System for Award Management Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-90 Offeror Identification 52.204-91 Contractor Identification 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation 52.209-5 Certification Regarding Responsibility Matters (>SAT) 52.209-7 Information Regarding Responsibility Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services 52.212-2 Evaluation—Commercial Products and Commercial Services 52.212-3 Alt I Offeror Representations and Certifications—Commercial Products and Commercial Services 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan 52.225-17 Evaluation of Foreign Currency Offers 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications 52.228-3Workers’ Compensation Insurance (Defense Base Act).

52.228-4 Worker’s Compensation and War-Hazard Insurance Overseas

52.232-17 Interest 52.232-39 Unenforceability of Unauthorized Obligations 52.233-1 Disputes 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.237-1 Site Visit 52.240-90 Security Prohibitions and Exclusions Representations and Certifications 52.240-91 Security Prohibitions and Exclusions 52.252-5 Authorized Deviations in Provisions 52.252-6 Authorized Deviations in Clauses

The following additional DFARS provisions and clauses are applicable to the acquisition:

252.201-7000 Contracting Officer Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product 252.204-7004 Antiterrorism Awareness Training for Contractors 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation 252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements 252.204-7020 NIST SP 800-171 (DoD Assessment Requirements 252.204-7021Cybersecurity Maturity Model Certification Requirements 252.204-7023 Reporting Requirements for Contracted Services 252.209-7004 Subcontracting with Firms that are owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

252.222-7002 Compliance with Local Labor Laws (Overseas) 252.225-7012 Preference for Certain Domestic Commodities 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United

States 252.225-7041 Correspondence in English 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States 252.225-7048 Export-Controlled Items 252.225-7055 Representation Regarding Business Operations with the Maduro Regime 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region– Representation 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region 252.229-7011 Reporting of Foreign Taxes - U.S. Assistance Programs 252.229-7014 Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements

252.232-7006 Wide Area Workflow Payment Instructions 252.232-7008 Assignment of Claims (Overseas) 252.232-7010 Levies on Contract Payments 252.233-7001 Choice of Law (Overseas) 252.237-7010 Prohibition on interrogation of Detainees by Contractor Personnel 252.240-7997 NIST SP 800-171 DoD Assessment Requirements (Deviation 2026-O0025) (FEB

2026) 252.243-7001 Pricing of Contract Modifications 252.243-7002 Requests for Equitable Adjustment

252.244-7000 Subcontracts for Commercial Items and Commercial Components 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.246-7008 Sources of Electronic Parts 252.247-7023 ALT 1 Transportation of Supplies by Sea 5352.201-9101 Ombudsman

FULL TEXT PROVISIONS AND CLAUSES:

52.212-2 Evaluation—Commercial Products and Commercial Services.

As prescribed in 12.205(a)(2), insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Deviation Date)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

[Insert evaluation factors in the relative order of importance. For requests for proposals, state: Evaluation factors other than price when combined are [significantly more important than price/approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

https://dibnet.dod.mil/

(End of clause)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(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 products and commercial services:

52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).

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

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

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

52.222-50 Combating Trafficking in Persons.

As prescribed in 22.1705(a)(1), insert the following clause:

Combating Trafficking in Persons (Oct 2025)

(a) Definitions. As used in this clause-

Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

Coercion means-

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Commercially available off-the-shelf (COTS) item —

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101;

(ii)Sold in substantial quantities in the commercial marketplace; and

(iii)Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2)Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

Forced Labor means knowingly providing or obtaining the labor or services of a person-

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

Involuntary servitude includes a condition of servitude induced by means of-

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs-

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

Severe forms of trafficking in persons means-

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not-

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5) (i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees or potential employees recruitment fees;

(7) (i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee’s work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall-

(1) Notify its employees and agents of-

Alternate I (Mar 2015). As prescribed in 22.1705 (a)(2), substitute the following paragraph in place of paragraph (c)(1)(i) of the basic clause:

(i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from: Applies to performance in/at:

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of-

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor’s failure to comply with https://www.acquisition.gov/far/22.1705#FAR_22_1705 the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation. (1) The Contractor shall, at a minimum-

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O.

13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not-

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from-

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that-

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $700,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate-

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non- United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government’s policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State’s Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employees or potential employees and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting. (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that-

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either-

(A) To the…