RFQ19AS2026Q0034 EducationUSA Pacific Sport Diplomacy Hub.pdf
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- Solicitation number
- 19AS2026Q0034
- Issued by
-
Department of State US Embassy Canberra
About this file
This is a Request for Quotations (RFQ) issued by the U.S. Embassy Canberra for the design, development, and implementation of the EducationUSA Pacific Sport Diplomacy Hub. The 12-month initiative, valued for commercial item acquisition under simplified procedures, is intended to use sport as a pathway to promote U.S. higher education engagement across the Pacific and Southeast Asia while strengthening EducationUSA advising capacity. The contract is firm-fixed-price with quotations due by September 21, 2026, at 4:00 PM AEST, with a pre-quotation conference scheduled for September 2, 2026. Award will be made to the lowest-priced, technically acceptable, responsible offeror based on initial quotations without discussion, though the government reserves the right to conduct discussions if necessary.
The project deliverables include seven contract line items (CLINs): an initial project framework report due within 30 days of award; design, build, hosting, and launch of a publicly accessible online resource hub by January 2027; development and publication of six self-paced course modules covering U.S. college sports pathways, recruitment, eligibility, scholarships, and commitment processes; production of up to three alumni video vignettes featuring U.S. student-athlete alumni from Australia and other Pacific countries; an English-language Sport Pathway Advising Toolkit (1-4 pages); translated versions in Bahasa Indonesia, I-Kiribati, and Samoan; and a final report due October 15, 2027, summarizing platform usage, engagement metrics, and program outcomes. The contractor must maintain and host the platform for the entire performance period (September 20, 2026, through September 30, 2027), support a minimum of 50 hub users, and upon contract completion, retain ownership of the website platform and source code. Pricing must be submitted in either Australian dollars (AUD) for foreign firms or U.S. dollars for U.S.-incorporated firms, with GST shown separately. All submissions must be in English and include completed SF-1449 form, Section 1 pricing, Section 5 representations and certifications, and evidence of qualifications including proposed project manager credentials, SAM registration, proven experience delivering similar services within Australia or internationally within the past three years, and client references with contact information.
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Text version
U.S. Embassy Canberra Date: August 19th, 2026
Dear Prospective Quoter:
Subject: Request for Quotations No. 19AS2026Q0034 – EducationUSA Pacific Sport Diplomacy Hub – U.S. College Sports Pathways Initiative.
Enclosed is a Request for Quotations (RFQ) for the design, development, and implementation of the EducationUSA Pacific Sport Diplomacy Hub for the U.S. Embassy Canberra. The 12-month initiative will use sport as a pathway to promote U.S. higher education engagement across the Pacific and Southeast Asia, strengthen EducationUSA advising capacity, and develop sustainable digital and professional networks connecting student-athletes, coaches, schools, alumni, and U.S.
higher education institutions. To submit a quotation, please follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address listed on the enclosed Standard Form 1449.
The U.S. Government intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. The Government intends to award based on initial quotations without discussion; however, it reserves the right to hold discussions with companies in the competitive range if necessary.
Pre-Quotation Conference The Embassy will hold a pre-quotation conference online via Microsoft Teams on September 2nd, 2026, at 10:00 AM AEST. Prospective quoters must email cnbgsoprocurement@state.gov by August 28th, at 4:00 PM AEST to request the Teams meeting link and any additional information.
Submission Deadline Quotations are due by September 21st, 2026, at 4:00 PM AEST.
Quotations received after this deadline will not be accepted. All quotations must be submitted in English; incomplete quotations will not be considered.
Submission Instructions Quotations must be submitted electronically to cnbgsoprocurement@state.gov in one of the following formats: MS Word 2007/2010, MS Excel 2007/2010, or Adobe Acrobat (PDF). Each file must not exceed 30MB. If your total submission exceeds 30MB, please split it into multiple files and send them as separate emails, each under
30MB.
In order for a quotation to be considered, you must also complete and submit the following:
1. SF-1449
2. Section 1 - Pricing
3. Section 5 - Representations and Certifications
4. Additional information as required in Section 3
Sincerely, Malene G. Carr, Contracting Officer
RFQ NUMBER 19AS2026Q0034
TABLE OF CONTENTS
SECTION 1 – THE SCHEDULE
• SF 1449 Cover Sheet
• Continuation to SF-1449, RFQ Number 19AS2026Q0034, Prices, Block 23
• Continuation to SF-1449, RFQ Number 19AS2026Q0034, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement
SECTION 2 – CONTRACT CLAUSES
• Contract Clauses
• Addendum to Contract Clauses – FAR and DOSAR Clauses Not Prescribed in Part 12
SECTION 3 – SOLICITATION PROVISIONS
• Solicitation Provisions
• Addendum to Solicitation Provisions – FAR and DOSAR Provisions Not Prescribed in Part 12
SECTION 4 – EVALUATION FACTORS
• Evaluation Factors
• Addendum to Evaluation Factors – FAR and DOSAR Provisions Not Prescribed in Part 12
SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS
• Offeror Representations and Certifications
• Addendum to Offeror Representations and Certifications – FAR and DOSAR Provisions Not Prescribed in Part 12
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PR16160500
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
19AS2026Q0034
6. SOLICITATION ISSUE DATE
August 19th 2026
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME:
Maria Rosas
b. TELEPHONE NUMBER(No collect calls)
+61 466 545 886
8. OFFER DUE DATE
September 21st, 2026, by 4:00 pm AEST
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR:
U.S. Embassy Canberra GSO Procurement
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
21 Moonah Pl Yarralumla ACT 2600
HUBZONE SMALL
BUSINESS
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
EDWOSB
8 (A) SIZE STANDARD:
11. DELIVERY FOR FOB DESTINAT-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
U.S. Embassy Canberra
Public Affairs Section
U.S. Embassy Canberra GSO Procurement
17a. CONTRACTOR/
OFFERER
CODE 21 Moonah Pl Yarralumla
ACT 2600
18a. PAYMENT WILL BE MADE BY CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
The U.S. Embassy in Canberra requires the service to design, develop, launch, and support EducationUSA Pacific Sport Diplomacy Hub, a 12-month initiative using sport to strengthen U.S. higher education engagement across the Pacific and Southeast Asia.
The project will include development of a publicly accessible online resource hub, six self-paced course modules, alumni video vignettes, an English-language Sport Pathway Advising Toolkit and translated versions, together with initial project planning and final reporting on platform usage and program outcomes.
Service All
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
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 HEREIN.
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 CONTRACTING OFFICER (Type or print)
Malene G. Carr 31c. DATE SIGNED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT 37. CHECK NUMBER
PARTIAL FINAL
COMPLETE PARTIAL
38. S/R ACCOUNT NO.
39. S/R VOUCHER NO. 40. PAID BY
41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE
42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449
PRICES, BLOCK 23
1.0 DESCRIPTION
The U.S. Embassy Canberra requires services to design, develop, launch, and support the EducationUSA Pacific Sport Diplomacy Hub, a 12-month initiative using sport to strengthen U.S.
higher education engagement across the Pacific and Southeast Asia.
The project will include development of a publicly accessible online resource hub in English only, six self-paced course modules, alumni video vignettes, and a Sport Pathway Advising Toolkit in English, and its translated versions in Bahasa Indonesia, I-Kiribati , and Samoan or subject to change with the POC's concurrence. The initiative will support EducationUSA advising capacity and expand access to information on U.S. college sports pathways, recruitment, eligibility, scholarships, and the international student-athlete experience.
1.1. TYPE OF CONTRACT
This is a firm-fixed-price contract. The Contractor shall furnish all labor, materials, equipment, software, hosting, technical support, and services necessary to design, develop, launch, maintain, and support the EducationUSA Pacific Sport Diplomacy Hub, including the online resource hub, self-paced course modules, alumni video vignettes, Sport Pathway Advising Toolkit and translated versions, and required reporting, as described in the Schedule of Supplies/Services (Block 20).
The contract price shall include all costs, overhead, and profit necessary to perform the required services. GST, if applicable, shall be priced separately as indicated in Section 2.0.
The Government will pay the Contractor the fixed price for each CLIN/deliverable satisfactorily completed and accepted by the designated Point of Contact (POC).
1.2. PERIOD OF PERFORMANCE
Contract Start: September 20, 2026, Contract End: September 30, 2027, Final Report Due: October 15, 2027.
Dates subject to Change
The performance period begins on the start date specified in the Notice to Proceed and continues through the contract end date above.
2.0 PRICING
All foreign firms shall submit its prices and receive payment in Australian dollars (AUD), except for U.S. Firms:
(1) U.S. firms are eligible to submit their offers and be paid in U.S. dollars. U.S. firms desiring to be paid in U.S. dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States.
(2) Foreign Firms. Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency.
GOODS AND SERVICES TAX. GST is not included in the CLIN unit prices below. GST shall be priced as a separate line item for each CLIN and reflected on invoices. Local law dictates the portion of the contract price subject to GST; offerors will clearly identify whether their proposed pricing is GST-inclusive or GST-exclusive and shall separately calculate and display the applicable GST amount for each CLIN below.
2.1. PRICING TABLE
CLIN Description Qty Unit Unit Price
GST
Total (incl. GST)
001 Initial Report 1 Service
002 Online Resource Hub – Platform Build & Launch
1 Service
003 Self-Paced Course Modules
004 Alumni Video Vignettes 1 Service
005 Sport Pathway Advising Toolkit (English Version)
1 Service
006 Sport Pathway Advising Toolkit (Translated Versions)
007 Final Report 1 Service
GRAND TOTAL =
52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000):
If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using the exchange rate used by the Embassy in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.
(b) For acquisitions conducted using negotiation procedures—
(1) On the date specified for receipt of offers, if award is based on initial offers;
otherwise
(2) On the date specified for receipt of proposal revisions
CONTINUATION TO SF-1449
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATION/WORK STATEMENT
1. SCOPE OF SERVICES
Project to design, develop, launch, and support a 12-month Pacific Sport Diplomacy Hub initiative across the East Asia and Pacific region, using sport as a pathway to promote U.S. higher education engagement, strengthen EducationUSA advising capacity, and expand access to information and resources for international student-athletes pursuing U.S. college sport opportunities.
The Contractor shall host and maintain the online platform for the entire period of performance.
Upon completion of the period of performance, ownership of the website/platform and associated source code shall remain with the Contractor.
2. SPECIFIC PROGRAM DELIVERABLES
The project will develop and launch a publicly accessible Pacific Sport Diplomacy Hub to provide student-athletes, coaches, schools, advisers, alumni, and other stakeholders across the East Asia and Pacific region with information and resources on U.S. higher education and college sport pathways.
The Contractor will design and host the online resource hub, develop six (6) self-paced course modules covering U.S. college sports, recruitment, eligibility, scholarships, the commitment process, and expectations for international student-athletes, and produce up to three (3) alumni video vignettes. The Contractor will also develop a Sport Pathway Advising Toolkit in English and provide approved translated versions for distribution through EducationUSA.
The Contractor will maintain and host the platform throughout the period of performance, support a minimum of fifty (50) hub users, and provide measurable information on platform usage and program activities. A Final Report will summarize all verifiable outcomes of the Pacific Sport Diplomacy Hub initiative and will be subject to review and approval by the designated POC and
COR.
CLIN 0001 – Initial Report and Project Framework
Description: The Contractor shall deliver an initial white paper report for the Pacific Sport Diplomacy Hub project no later than thirty (30) days after contract award. The report shall include:
(a) a proposed timeline for delivery of all subsequent contract deliverables; (b) the expected launch date for the online platform and self-guided course; (c) the expected completion date for the Sport Pathway Advising Toolkit, including translated versions; and (d) proposed speaker/alumni candidate bios for the video vignettes.
The report shall also identify the proposed approach for development, hosting, maintenance, and delivery of the online resource hub, course modules, video content, and toolkit materials.
The Initial Report is subject to review and written approval by the designated Point of Contact (POC) prior to the Contractor proceeding with CLINs 0002–0006.
CLIN 0002 – Online Resource Hub – Platform Build & Launch
Description: The Contractor shall design, build, host, and launch a publicly accessible online resource hub in English featuring contact management functionality, sport pathway guidance, and country-specific eligibility information for Australia and other countries in the Pacific. The hub format should be similar to https://dreambuilder.org/. The alumni videos in CLIN 0004 will be published on the hub. The resource hub should be launched by January 2027.
The Contractor shall provide and use a suitable Content Management System (CMS) to support the platform. The Government does not require a specific CMS. The Contractor shall be responsible for all hosting, licensing, maintenance, and related costs necessary to keep the platform operational and accessible throughout the entire period of performance.
The platform shall be publicly accessible and comply with applicable Section 508 accessibility requirements. U.S. Mission Australia and EducationUSA branding guidance and approved branding materials will be provided following contract award and shall be incorporated into the platform prior to launch.
This CLIN shall be considered complete upon written acceptance by the designated Point of Contact (POC) of the live and fully functioning platform prior to the addition of course content under CLIN 0003. Acceptance of CLIN 0002 does not relieve the Contractor of its continuing obligation to host, maintain, and support the platform for the remainder of the period of performance.
CLIN 0003 – Self-Paced Course Modules Description:
The Contractor shall develop and publish six (6) self-paced course modules in English hosted on the platform delivered under CLIN 0002, covering U.S. college sports pathways, recruitment, eligibility rules, scholarships, the commitment process, and expectations as an international student-athlete.
The modules must include detailed information on the eligibility requirements to be a student athlete in the U.S. across the different national athletic associations and divisions, including interactive ways to assess whether the NCAA core course requirements are met that could include ways to reference and include NCAA resources such as the NCAA Core Course Worksheet and the Course Title Usage Guide. The hub is to also include information on the student-athlete recruitment process and timelines for applications and enrollments. The modules will be published in the resource hub in CLIN 0002 by January 2027. There should be a free registration feature to access the modules with demographic questions including country of origin. The contractor shall provide a report of module users broken down by demographics at the end of the period of performance.
Module topics may be adjusted based on the Initial Report and are subject to prior review and approval by the designated Point of Contact (POC).
All module content shall be submitted to the POC for review and written approval prior to publication. This CLIN shall be considered complete upon publication of all six (6) approved modules on the platform and written acceptance by the POC.
CLIN 0004 – Alumni Video Vignettes Description:
Description: The Contractor shall produce three (3) U.S. student athlete alumni video vignettes for publication on the online platform delivered under CLIN 0002 by January 2027. The contractor shall identify three notable alumni who were student athletes at an accredited U.S. higher education institution, one from Australia and two from other countries in the Pacific for these videos. If possible, each alum should have participated in a different athletic association (i.e. NCAA, NAIA, and NJCAA). Each alumn must be approved by the POC. Each video vignette shall be a minimum of thirty (30) seconds and a maximum of five (5) minutes in duration. Travel is not required under this CLIN. All final video vignettes shall include English captions or subtitles.
The Contractor shall submit all video content to the designated Point of Contact (POC) for review and written approval prior to publication.
This CLIN shall be considered complete upon delivery and written acceptance by the POC of the final approved video files.
CLIN 0005 – Sport Pathway Advising Toolkit (English Version)
Description: The Contractor shall research, write, and design an English-language Sport Pathway Advising Toolkit by February 2027 covering U.S. college sport systems, eligibility requirements, scholarships, recruitment timelines, and advising strategies.
The Toolkit shall be a minimum of one (1) page and a maximum of four (4) pages and shall be professionally designed and delivered in a print-ready and downloadable format suitable for digital distribution by EducationUSA.
The Contractor shall submit the Toolkit to the designated Point of Contact (POC) for review and written approval.
This CLIN shall be considered complete upon delivery and written acceptance by the POC of the final English-language Toolkit.
CLIN 0006 – Sport Pathway Advising Toolkit (Translated Versions)
Description: The Contractor shall deliver three (3) translated versions of the Sport Pathway Advising Toolkit accepted under CLIN 0005, in Bahasa Indonesia, I-Kiribati , and Samoan by
February 2027. The required languages are subject to change with the prior written concurrence of the designated Point of Contact (POC).
Each translated version shall maintain the substantive content and overall design of the approved English-language Toolkit and shall be professionally formatted, print-ready, downloadable, and suitable for digital distribution by EducationUSA.
The Contractor shall submit all translated versions to the POC for review and written approval.
This CLIN shall be considered complete upon delivery and written acceptance by the POC of all three (3) final translated Toolkit files.
CLIN 0007 – Final Report
Description: The Contractor shall submit a Final Report summarizing all verifiable outcomes of the Pacific Sport Diplomacy Hub and related program activities completed during the period of performance.
The Final Report shall include, at a minimum:
(a) platform usage and engagement data, including performance against the minimum target of minimum fifty (50) hub users;
(b) participation and completion data for the self-paced course modules;
(c) available engagement data for the alumni video vignettes;
(d) distribution and use of the Sport Pathway Advising Toolkit and translated versions;
and
(e) a summary of key program outcomes, lessons learned, and recommendations for future implementation.
The Final Report shall be submitted to the designated Point of Contact (POC) and Contracting Officer’s Representative (COR) for review and approval.
This CLIN shall be considered complete upon delivery and written acceptance of the Final Report by the POC and COR.
3. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
a) This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.
Performance Objective Scope of Work Para Performance Threshold
Services.
Performs all services set forth in the scope of work.
1. thru 2.
All required services are performed and no more than one
(1) customer complaint is received per month.
b) Surveillance. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.
c) Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions – Commercial Items), if any services exceed the standard.
13. PROCEDURES
a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
b) The COR will complete appropriate documentation to record the complaint.
c) If the COR determines the complaint is invalid, the COR will advise the complainant.
The COR will retain the annotated copy of the written complaint for his/her files.
d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.
e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.
g) The COR will consider complaints as resolved unless notified otherwise by the complainant.
h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.
RFQ NUMBER19AS2026Q0034
SECTION 2 - CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
(NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449,
BLOCK 27A)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS – COMMERIAL PRODUCTS AND
COMMERIAL SERVICES (MARCH 2026)
(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)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (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:
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).
__ (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
_X_ (12) 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).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 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).
__ (17) [Reserved]
__ (18) (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.
__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) of 52.219-9.
__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
__ (26) (i) 52.219-28, Postaward Small Business Program Representation (Jan 2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 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)).
__ (28) 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)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
__ (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2026)( E.O. 13126).
__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
__ (36) (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.
__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Oct 2025) (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).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( 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.)
__ (41) (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.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
_X_ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 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 (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
_X_ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
_X_ (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).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65) (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:
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages 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).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.
This does not require the Contractor to create or maintain any record that the
Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41
U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab Covered Entities (Dec
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun
2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025)
( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun
2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug
2018) ( 41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Oct 2025) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O.
12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan
2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or
Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".
Alternate II (Oct 2025). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American
Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.
111-5).
(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov
2023) ( 41 U.S.C. 4712).
(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec
(E) 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).
(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun
2023) (Section 102 of Division R of Pub. L. 117-328).
(G)__( 1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__(2) Alternate I (Dec 2023) 52.204-30.
(H) 52.219-8, Utilization of Small Business Concerns (Jan 2025)
( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(I) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(J) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(K) 52.222-35, Equal Opportunity for Veterans (Jun
2020) (38 U.S.C. 4212).
(L) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(M) 52.222-40, Notification of Employee Rights Under the National
Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(N) 52.222-41, Service Contract Labor Standards (Aug
2018) ( 41 U.S.C. chapter 67).
(O) __ (1) 52.222-50, Combating Trafficking in Persons (Oct 2025) (22 U.S.C. chapter 78 and E.O. 13627).
__ (2) Alternate I (Mar 2015) of 52.222-
50 (22 U.S.C. chapter 78 and E.O. 13627).
(P) 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).
(Q) 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).
(R) 52.222-54, Employment Eligibility Verification (Jan 2025)
( Executive Order 12989).
(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan
2022) (E.O. 13706).
(U)__ (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
__ (2) Alternate I (Jan 2017) of 52.224-3.
(V) 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).
(W) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations. (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(X) 52.232-40, Providing Accelerated Payments to Small Business
Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(Y) 52.240-1, Prohibition on Unmanned Aircraft Systems
Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.
3901 note prec.).
(Z) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.
THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE
INCORPORATED BY REFERENCE:
CLAUSE TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
(JAN 2011)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
(AUG 2020)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (NOV 2021)
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES
(JAN 2025)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION
OF CONTRACT (FEB 2000)
52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)
(JUL 2014)
52.228-4 WORKER’S COMPENSATION AND WAR-HAZARD INSURANCE
OVERSEAS (APRIL 1984)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.232-40…
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