RFQ No. 19GE5023Q0055.pdf

COMBINED SYNOPSIS & SOLICITATION

United States Embassy Kyiv, Ukraine

Motorola Communication Equipment and Accessories For

SBG

RFQ NO. 19GE5023Q0055

Issued by:

American Consulate General

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

19GE5023Q0055

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5023Q0055

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/22/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Alexandra Perez Acevedo

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL PerezAcevedoA@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

KYIV_CODE15. DELIVER TO

AMERICAN EMBASSY KYIV

4 IGORYA SIKORSKOHO ST.

ATTN: LES/INL

KYIV, UKRAINE 01901

CODE OPEAQM16. ADMINISTERED BY

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY KYIV

4 Ihor Sikorsky St.

ATTN: FMC

KYIV, UKRAINE 04112

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Nicolas Wilhelm

31c. DATE SIGNED 06/22/2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS // CGFS

19GE5023Q0055

Line Item Summary

Solicitation Number:

19GE5023Q0055

Contract Number: Title: INL/Kyiv, Mobile Surveillance Systems

Date of Solicitation:

06/22/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 VHF digital portable two-way radio, Motorola DP4401e As per SOW Specification subsection 4 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

3,000.00 EA

002 VHF repeater, Motorola SLR5500 As per SOW Specification subsection 4 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

50.00 EA

003 Digital Portable Two-way radio, Motorola R7 FKP As per SOW Specification subsection 4 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

600.00 EA

004 VHF digital mobile two-way radio, Motorola DM 4601e As per SOW Specification subsection 4 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

100.00 EA

005 LABOR SERVICE: Assembly Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

1.00 LT

006 Shipping Costs to Ukraine Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

1.00 LT

007 VAT or Value Added Taxes (Not Applicable) Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

1.00 LT

The remainder of this page is left intentionally in blank

RFQ No. 19GE5023Q0055 U.S. Embassy Kyiv, Ukraine

INL – Motorola Communication Equipment and Accessories For SBG Page 3 of 51

June 23, 2023

COMBINED SYNOPSIS AND SOLICITATION (BRAND NAME)

RFQ No. 19GE5023Q0055

SECTION I - THE SCHEDULE

1.1 BACKGROUND / SCOPE OF SERVICES

On behalf of The Bureau of International Narcotics and Law Enforcement Affairs (INL) mission, the American Consulate General Frankfurt hereby provides the following Combined Synopsis and

Solicitation for the delivery of new Motorola Communication Equipment. All interested sellers shall review the solicitation and offer equipment in accordance with the specification provided in this document.

The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach.

1.2 SYNOPSIS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

The solicitation number is 19GE5023Q0055and is issued as a Request for Proposal (RFP), unless otherwise indicated herein.

The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular FAC 2023-04 effective June 02, 2023. This requirement is using simplified acquisition procedures.

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

Tel: (49) 69 7535 3337

E-mail: PerezAcevedoA@state.gov

INL – Motorola Communication Equipment and Accessories For SBG Page 4 of 51

1.3 TYPE OF CONTRACT

The Government intends to award a single, firm fixed-price contract payable entirely in the currency indicated in Section I.2 - Pricing to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable.

The total price shall include all items, equipment, delivery charges, labor, materials, overhead, profit, insurance, and all other expenses necessary to deliver the required equipment (items). No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

1.4 TERM OF CONTRACT:

This ensuing contract shall be effective from the date of the Contracting Officer’s signature and shall remain valid until all items are received, installed as per agreement with the end user, inspected, and accepted by the U.S. Government.

2. PRICING

The Contractor shall provide all items (new equipment), including furnishing all labor, material, and services, unless otherwise specified herein, required under this contract for the firm fixed-price(s) indicated below and within the time specified herein. The price(s) stated shall include any and all costs of labor, materials, equipment, services transport to delivery point, insurance, products pre-delivery inspection, certificates of origin, operator’s manuals, warranty certificates and any other documentation mandated by the destination country indicated in the offer from the vendor.

Any costs not priced, will be considered to be included in the overhead and other indirect costs.

CLIN Short Description Unit Quantity Unit Price Total Price

0001 VHF digital portable two-way radio, Motorola DP4401e

As per SOW Specification subsection 4

Each 3,000

0002 VHF repeater, Motorola SLR5500

As per SOW Specification subsection 4

Each 50

0003 Digital Portable Two-way radio, Motorola R7 FKP

As per SOW Specification subsection 4

Each 600

INL – Motorola Communication Equipment and Accessories For SBG Page 5 of 51

0004 VHF digital mobile two-way radio, Motorola DM 4601e

As per SOW Specification subsection 4

Each 100

0005 LABOR SERVICE: Assembly Lot 1

0006 Shipping Costs to Ukraine Lot 1

0007 VAT (Not Applicable)** Lot 1

GRAND TOTAL FIRMED FIXED PRICE

* All shipping related costs, customs clearance, warehousing costs shall be included into delivery cost indicated in CLIN 0006

**See Section 2.2.VAT

2.1 CURRENCY

The currency shall be fixed and cannot be changed by modification to the contract.

The contract will be issued in the currency, the price proposal has been quoted in.

Currency: (Please insert currency of the offer)

2.2 VAT:

The INL section of the U.S. Embassy Kyiv, Ukraine is VAT exempted and can provide VAT exemption letter to local vendors upon award.

3. DELIVERY

3.1 DELIVERY PLACE

SHIPPING ADDRESS FOR CONTRACTOR:

Delivery shall be made F.O.B destination as soon as possible but not later than one hundred eighty (180) calendar days from the date of contract award. Delivery shall be coordinated with the

Point of

Contact (POC) as below.

Shipping Address

ATTN. TBA

State Border Guard Service Of Ukraine

Svitla Street, 6, Kyiv, Ukraine

Email: TBA

The Equipment shall be delivered on F.O.B destination in accordance with FAR clause 52.247-34, F.o.b. Destination (Nov 1991)

INL – Motorola Communication Equipment and Accessories For SBG Page 6 of 51

The offeror shall state their proposed dates, shipping mode under Exhibit A – Delivery Schedule

Matrix.

3.2 PACKAGING AND MARKING

Packaging and preservation shall be IAW best commercial practices to enable shipment to final destination in US Embassy Kyiv, Ukraine, without repacking or incurring damage during shipment and handling.

All boxes shall be marked as followed (i.e., please see below) with clear visibility.

ATTN: TBA

U.S. Embassy Kyiv, Ukraine

Attn: INL/Ukraine Section

Radio Telecommunication Equipment For SBG

Purchase order No. TBD

To avoid rejection, please contact the POC(s) for this order prior to shipping.

3.3 POINT OF CONTACT (POC)

TBA

Email: TBA

P.O. # To be designated after award

TO AVOID REJECTION OF THIS ORDER AT POINT OF DELIVERY IT IS

ESSENTIAL:

A) NOT TO CONSOLIDATE THIS ORDER WITH ANY OTHER

B) TO ENSURE THAT THIS ORDER IS CORRECTLY AND CLEARLY MARKED ON THE

OUTSIDE OF THE PACKAGE/

CRATE WITH (a) THE ORDER NUMBER, (b) THE REQUISITION NUMBER, AND (c) THE

REQUISITIONING OFFICE ADDRESS;

AS PROVIDED IN BLOCKS 3, 4 AND 10 ON PAGE ONE OF THIS DOCUMENT.

Please ensure that the referenced “Order Number”, in block 3, is stated on all invoices and correspondence relating to this order.

TAX-EXEMPT NUMBER:

Department of State Tax Identification Number: DOS 54-1352940

3.4 CUSTOMS CLEARANCE

The Contractor shall estimate a reasonable number of days for custom clearances and delivery.

Should the contractor fail to provide any required paperwork for the custom clearance process to the U.S. Embassy Yerevan shipping office and the custom clearances procedure is delayed, the contractor shall be required to pay any additional costs occurred (storage fees). When the goods mailto:HovhannisyanM@state.gov

INL – Motorola Communication Equipment and Accessories For SBG Page 7 of 51 are imported to Ukraine, the U.S. Embassy Kyiv can provide a letter for Customs clearance and exemption of Customs import taxes.

Other Specific Requirements:

• If applicable, the Contractor shall comply with all import requirements mandated by the

Government of Ukraine. Further, the Contractor shall provide all the necessary documentation required at destination for importation of the proposed items.

• The Contractor must obtain all necessary export licenses regardless of shipping method.

The Contractor must state in its export license request that this is a U.S. government funded contract.

• The contractor shall ensure that all items are prepared for safe shipment and include all necessary export approvals, required material data safety sheet, licenses, and paperwork.

One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package

• If the goods are imported, the embassy will assist with the customs clearance. Nonetheless, the vendor is responsible for delivery to the Embassy.

• If the vendor is local, they should do the customs clearance and deliver the order to the

Embassy using their own transportation.

4. STATEMENT OF WORK (SOW)

4.1 SCOPE OF SERVICES

INL supports the State Border Guard Service of Ukraine (SBGS) in countering Russia’s invasion.

Currently, the SBGS seeking emergency assistance in procuring mobile surveillance platforms to improve security of Ukraine’s borders.

The vendor shall provide all items stated under Appendix A, and Subsection 4.1, technical specification of items of this RFP.

A vendor shall supply equipment as described in the following specifications. The requested items shall meet/demonstrate these minimum specific requirements. All goods must be new and of high quality. All products shall be officially imported to Ukraine via authorized supply channels -respective documents shall be included into proposal to certify that. To confirm a legal and authorized source of supply, an offeror shall have authorization from the manufacturer or official distributor confirming partner authority.

The seller certifies that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements.

INL – Motorola Communication Equipment and Accessories For SBG Page 8 of 51

Unless otherwise specified, the vendor warrants that the products are new and in their original box(s). New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment.

In addition to providing pricing for this solicitation, each Offeror must provide any required, NON-

PRICING responses (e.g. technical specifications, representations and certifications, etc.). Offerors shall include specific details and delivery dates in their responses to this RFP. All delivery dates shall be clearly stated under the appropriate excel column as per attachment Appendix A - Delivery

Schedule Matrix so that they are received no later than the closing date and time for this solicitation.

4.2 TECHNICAL SPECIFICATIONS OF ITEMS

4.2.1 VHF digital portable two-way radio, Motorola DP4401e - (BRAND NAME)

Quantity: 3000 (for SBGS)

Specifications:

Initial program configuration requirements

Firmware version R02.21.01.1002 or newer must be installed with the following licenses activated:

NKVN4499 (Response Inhibit)

NKVN4498 (Mute Mode)

NKVN4431 (Indoor Location Tracking)

NKVN4405 (Man Down)

NKVN4379 (Wi-Fi)

NKVN4371 (Improved Voice Transmission In Noise Conditions)

NKVN4241 (AES256)

NKVN4037 (IMPRES Fleet Management)

No additional configuration (frequencies, channel names and locations, etc.) is required.

Configuration for SBGS radio networks will be done by SBGS staff after receipt of the equipment.

• Transmitter protocol: ETSI TS 102 361-1, -2, -3, -4

• Frequency range: 136-174 MHz

• Transmitter power: 1/5 W

• Receiver sensitivity (digital, at 5% BER) - 0.14 μV

• Support of repeater operation

• Channel spacing (kHz): 12.5, 25

• Digital vocoder: AMBE + 2

• IP protection standard: IP68

• Military protection standards: MIL-STD-810 C, D, E, F, G

INL – Motorola Communication Equipment and Accessories For SBG Page 9 of 51

• Standard manufacturer warranty, authorized service center present in Ukraine

Activated functions:

• GPS, Bluetooth, and Wi-Fi modules

• Authenticated access to repeaters

• Authentication of subscriber

• Prohibition to respond to requests (commands)

• Disable all wireless interfaces of the radio

• Roaming

• AES-256 algorithms encryption

• Multisite Link Capacity Plus trunking mode

Bundle:

• Portable pin antenna 136-174 MHz (WHIP), type PMAD4147 - 1 pc

• Battery IMPRES Li-Ion, capacity 3000 mAh, type PMNN4488 - 2 pc

• Clip 2.5”, type PMLN7296 - 2 pc

4.2.2 VHF repeater, Motorola SLR5500 (BRAND NAME)

Quantity: 50 (for SBGS)

Specifications:

Configuration for SBGS radio networks will be done by SBGS staff after receipt of the equipment.

No additional configuration (frequencies, channel names and locations, etc.) is required.

• Protocol ETSI EN300086, ETSI TS 102 361-1, -2, -3, -4

• Frequency range: 136-174 MHz

• VHF Duplexer: low pass 154.100 MHz; high pass 170.800 MHz

• Output power 1-50 W (at 100% cycle)

• Receiver sensitivity (digital, at 5% BER) - 0.22 μV

• Channel spacing (kHz): 12.5, 25

• Built-in power supply with automatic switching from the main to the backup power supply and the function of charging the battery

• Input voltage: main power supply: 210-240 V AC; backup power: 11.0-14.4 V DC

• Range of working temperatures: from -30 to +60 C

• Size: 1U

• Standard manufacturer warranty, authorized service center present in Ukraine

Activated functions:

• Mode of operation of a conventional multisite connection via IP network and Ethernet interface (IP Site Connect)

• Support of authenticated radio access and access authentication over IP transport channel

Possibility to activate functions:

• Multisite trunking modes (Link Capacity Plus, Capacity Max)

• NAI Voice and Data network interfaces

Bundle:

INL – Motorola Communication Equipment and Accessories For SBG Page 10 of 51

• Power cable 220 V NTN7374AR – 1 pc

• Backup power cable PMKN4167 – 1 pc

• Programming cables 30009477001 – 1 pc

4.2.3 Digital Portable Two-way radio, Motorola R7 FKP (BRAND NAME)

Quantity: 600 (for NPU KORD)

• Type: portable DMR radio

• Frequency range: 400-527 MHz UHF

• Power: 4 W UHF

• The number of channels: 64

• Channel spacing: 12.5/25/20 kHz

• Frequency stability: ±0.5 PPM

• The level of emissions: -36dBm@<1GHz; -30dBm@>1GHz

• Digital protocol: ETSI TS102 361 -1, -2, -3, -4; DMR level II, III

• Screen: QVGA 2.4” 320 x 240 screen

• Bluetooth 5.2

• Waterproof up to 2 meters for 2 hours

• Full-size keyboard

• Encryption: AES256

• Dimensions: approximately 132 x 56 x 35 mm

• Sensitivity: Analogue 12 dB SINAD 0.16 µV/ Digital. 5% BER 0.14 µV

• Weight: approximately 316 g

• Battery life: Digital/Analog: 19/14.5 g 2200 mAh; 21.5/16.5 g 2450 mAh; 25/19 g 2850 mAh; 28/21.5 g 3200 mAh

• Complies with MIL-STD-810standards

• Standard manufacturer warranty, authorized service center present in Ukraine

Kit includes:

• Speaker-microphone headset - MOTOROLA RM780 IMPRES (remote microphone with speaker (PMMN4128))

• rechargeable battery - Motorola PMNN4808A 2850mAh;

• antenna - Motorola PMAE4079A 403-527MHz;

• belt clip - Motorola PMLN7008A;

• Motorola charger PMPN4577A.

No additional configuration (frequencies, channel names and locations, etc.) is required.

Configuration for radio networks will be done by the NPU staff after receipt of the equipment.

4.2.4 VHF digital mobile two-way radio, Motorola DM 4601e (BRAND NAME)

Quantity: 100 (for NPU KORD)

INL – Motorola Communication Equipment and Accessories For SBG Page 11 of 51

Initial program configuration requirements:

Firmware version R02.21.01.1002 or newer must be installed with the following licenses activated:

NKVN4499 (Response Inhibit)

NKVN4498 (Mute Mode)

NKVN4431 (Indoor Location Tracking)

NKVN4405 (Man Down)

NKVN4379 (Wi-Fi)

NKVN4371 (Improved Voice Transmission In Noise Conditions)

NKVN4241 (AES256)

NKVN4037 (IMPRES Fleet Management)

No additional configuration (frequencies, channel names and locations, etc.) is required.

Configuration for radio networks will be done by the NPU staff after receipt of the equipment.

• Color 4-line display

• Transmitter protocol: ETSI TS 102 361-1, -2, -3, -4

• Frequency range: 136-174 MHz

• Transmitter power: 25-45 W

• Receiver sensitivity (digital, at 5% BER) - 0.16 μV

• Support for repeater operation

• Number of channels: 1000

• Channel spacing (kHz): 12.5, 25

• Digital vocoder: AMBE + 2

• IP protection standard: IP54

• Military protection standards: MIL-STD-810 C, D, E, F, G

• Standard manufacturer warranty, authorized service center present in Ukraine

Activated functions:

• Authenticated access to repeaters

• Authentication of subscriber

• Prohibition to respond to requests (commands)

• Disable all wireless interfaces of the radio

• Roaming

• AES-256 algorithms encryption

• Multisite Link Capacity Plus trunking mode

Bundle:

• Manipulator DTMF RMN5127– 1 pc

• Power cable HKN4191– 1 pc

INL – Motorola Communication Equipment and Accessories For SBG Page 12 of 51

4.3 MANUAL OF INSTRUCTIONS

Manuals shall be furnished in English language. If available - manuals shall be furnished in the

Ukrainian language as well.

4.4 WARRANTY / GUARANTEE OF CONDITIONS

Standard manufacturer warranty must be provided for all items in Ukraine.

Official service centers authorized by the manufacturer shall be available/present in Ukraine to support licenses and warranty for the proposed equipment.

The Warranty Period shall commence after all the equipment (items) have been installed and tested as prescribed in Section I, Sub-Section 4.3.

4.5 SERVICE AND MAINTENANCE

The vendor shall provide information regarding service maintenance (all parts, accessories, service and repairs) available in Ukraine and it shall be obtainable within reasonable period.

4.6 DELIVERY SCHEDULE /PERIOD OF PERFORMANCE

All Equipment must be delivered to INL / U.S. Embassy, Kyiv, Ukraine not later than one hundred eighty (180) calendar days from the date of contract award.

Labor Services: assembly of the items if required shall be provided immediately or subsequently after the equipment have been delivered to End User in Ukraine.

4.7 PLACE OF PERFORMANCE

Ukraine at State Border Guard Service Of Ukraine

Specific Location to be provided upon contract award.

4.8 SHIPPING COSTS

If the vendor is international (located outside Ukraine) all shipping costs and shipping mode to U.S.

Embassy, Kyiv, Ukraine and the end user State Border Guard Service of Ukraine should be included into the proposal and under Section I- Subsection 2 Pricing

The Contractor shall consolidate the entire shipment to prevent loss and misdirection. The contractor upon notification shall replace any lost or damaged items during shipment.

Final destination services (cost of shipping, customs clearance, local delivery, local temporary warehousing services if required) are vendor’s responsibility and should be included to the price.

Please Note:

Defense Articles, 600 series assets, and items/units that cost $2,500 or more should be tagged with barcodes and serial numbers. Vendors should consult MIL-STD-129 and other industry best practices for recommended placement of barcodes. Vendors may consult INL/Kyiv POC Yuliia

Yarmak at kyivinleum@state.gov with additional questions.

mailto:kyivinleum@state.gov

INL – Motorola Communication Equipment and Accessories For SBG Page 13 of 51

All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the

International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating

Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

5. COMPLIANCE WITH SPECIFICATIONS:

The offerors shall prepare and submit with their offer, for the proposed products, a detailed matrix indicating that the specifications of the products offered are in compliance with the brand-name specifications set forth in Paragraph 4 Description/Specifications of requested equipment & parts of this solicitation. Any deviations to the required minimum specifications shall be clearly stated in the remarks column.

As supplement to the specification data of the equipment and parts, Offerors shall also provide with their offer Product literature and/or catalog; from the manufacturer or a third party (i.e., clearly identifying the source).

Failure to provide this information will result in a ‘non- responsive’ offer and removal from award consideration.

5.1 DESCRIPTIVE LITERATURE

Definition: (a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment. (b) Descriptive literature must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers. (c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being offered. (d) Offers which do not present sufficient information to permit complete technical evaluation by the Government may be rejected. It is the offeror’s responsibility to prove that their proposed solution meets the requested specifications, subject to any limitations elsewhere in this solicitation.

6. PAST PERFORMANCE

The offerors shall list a minimum of three contracts and/or subcontracts that they have held over the past five years to demonstrate their prior experience in supplying the equipment in the required

INL – Motorola Communication Equipment and Accessories For SBG Page 14 of 51 category, as stated and manifested in this solicitation, to companies, organizations and other

Government entities, experience with overseas shipments (If not a local vendor), etc. Any additional information, such as letters, associations and standards to substantiate the past performance shall be furnished by the offerors. The offerors shall provide the following information for each contract and/or subcontract: (a) Customer's name, address, and telephone numbers of customer's lead contract and technical personnel; (b) Type(s) and category(ies) (c) Contract number; (d) Contract dollar value; and (e) Any terminations (partial or complete) and the reason (convenience or default).

7. OTHER REQUIREMENTS:

7.1 INSPECTION AND ACCEPTANCE

The final inspection and acceptance of ALL items shall be performed by the U.S. Government upon their arrival at INL, U.S Embassy in Kyiv, Ukraine or the End User Place of performance, after all the equipment have been installed, tested, and on-site training has been provided as per agreement with the end user and as prescribed in section I, subsection 4.3

The payment(s) to the Contractor shall be made following satisfactory delivery of the equipment, installation/ testing of all items, inspection and acceptance of all products by the Office of INL in

Ukraine.

7.2 ERRONEOUS PAYMENT

If the USG becomes eligible for a refund of payment because of erroneous overpayment or other cause, the contractor shall refund the amounts or use them to offset future payments owed by the

USG, whichever the USG prefers. The contractor shall refund any refunds not complete or discovered after the completion date of this contract.

7.3 ADVANCE PAYMENT

Advance Payments shall not be authorized during the performance of this contract.

7.4 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

7.5 PHYSICAL AND INFORMATION SECURITY REQUIREMENTS

The contractor shall be responsible for safeguarding all government information provided for contractor use. All material / documentation produced for the USG will be the sole property of the

USG. The contractor shall not release any documents to anyone unless authorized by the USG.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S

INL – Motorola Communication Equipment and Accessories For SBG Page 15 of 51

Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them because of their performance of services under this contract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

7.6 MISCELLANEOUS CONTRACTOR REQUIREMENTS

A contract with the U.S. Government conveys no special privileges or immunities to the contractor.

The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not U.S. Government employees. Registration of this contract with the host country, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the Government of the amounts thereof.

7.7 CHOICE OF LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the

United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

8. PERIOD FOR ACCEPTANCE OF OFFERS

The offeror agrees to hold the prices in its offer firm for ninety (90) calendar days from the date specified for receipt of offers.

Note: This is an addendum to Section III Sub-Section, FAR 52.212-1 “Instructions to Offerors -

Commercial Items (July 2013)”, Paragraph (c) “Period for acceptance of offers”, of this solicitation.

9. CONTRACT ADMINISTRATION DATA

9.1 AUTHORITY OF THE CONTRACTING OFFICER

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive

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9.2 GOVERNMENT PERSONNEL

Contracting Officer: Nicolas A. Wilhelm

Contract Administrator:

E-mail address:

Alexandra Perez Acevedo

PerezAcevedoA@state.gov

Contracting Officer's Representative (COR): Olga Zaliertsova

INL Administrative Management Assistant

INL-Kyiv

U.S. Embassy Ukraine

10. ATTACHMENTS

10.1 Exhibit A

10.2 W-14 Form

10.3 Instructions W-14 Form

mailto:PerezAcevedoA@state.gov

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SECTION II – CONTRACT CLAUSES

II.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at these address(es):

Referenced FAR provisions and clauses can be obtained from:

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340130

Referenced DOSAR provisions and clauses can be obtained from:

http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40

(note: click on 652 – 653 sub-chapter, Click on 652 and then scroll down)

FEDERAL ACQUISITION REGULATION CLAUSES (48 CFR Ch. 1)

Clause Tittle

52.202-1 Definitions. (Jun 2020)

52.203-3 Gratuities. (Apr 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (Jun 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Mar

2023)

52.212-4 Contract Terms and Conditions - Commercial Items (Dec 2022)

52.225-5 Trade Agreements (Dec 2022)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340130

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

52.232-17 Interest (May 2014)

52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

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

52.242-13 Bankruptcy (July 1995)

52.243-1 Changes-Fixed Price (Aug 1987)

52.244-6 Subcontracts for Commercial Items (JUN 2023)

52.246-2 Inspection of Supplies-Fixed-Price (AUG 1996)

52.246-16 Responsibility for Supplies (Apr 1984)

52.247-34 F.O.B. Destination (Nov 1991)

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

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

The following clauses are provided in full text:

II.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUN

2023)

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

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19

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(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-

77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun

2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov

2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, 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).

https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15

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X (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of

Division R of Pub. L. 117-328).

X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.

657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C.

657a).

__ (14) [Reserved]

__ (15)(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.

__ (16)(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.

__ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and

(3)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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 (Sep 2021) of 52.219-9.

__ (19)

(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.

__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct

2022) ( 15 U.S.C. 657f).

__ (23)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)( 15 U.S.C.

632(a)(2)).

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

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15

U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.

644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

__ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (31)

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

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

__ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

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

__ (33)

(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.

__ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

__ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38) (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.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

__ (41) (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.

__ (42) (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.

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__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C.

8259b).

X (44) (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.

__ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

X (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-

53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

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

__ (v) Alternate IV (Oct 2022) of 52.225-3.

X (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

X (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) ( 42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

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

( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

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

41 U.S.C. chapter 67).

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__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

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

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42

U.S.C. 1792).

(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.