Solicitation Document_19H08026Q0013.pdf
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- TEGUC-Preventive Maintenance for Generators at NEC Federal contract opportunity
- Solicitation number
- 19H08026Q0013
About this file
This document is a Request for Quotations (RFQ) from the U.S. Embassy in Tegucigalpa, Honduras, seeking preventive maintenance services for multiple Caterpillar generators at the New Embassy Compound (NEC). The solicitation covers bimonthly maintenance for eight specific generator models, including Caterpillar C18, C7.1, and C15 models, with services to be performed over a base one-year period and a potential one-year option period. The maintenance will focus on comprehensive preventive tasks including visual inspections, battery checks, fluid and filter replacements, performance testing, and equipment diagnostics.
Key submission and performance details include a site visit scheduled for December 18, 2025, at 9:30am, with quotation submissions due by December 26, 2025, at 10:00am local time. The contract is a firm fixed-price arrangement payable in U.S. dollars, with the contractor required to provide all logistics, insurance, labor, and materials. Offerors must be authorized Caterpillar dealers, submit pricing information, complete various representations and certifications, and maintain an active System for Award Management (SAM) registration. The government intends to award to the lowest-priced, acceptable, and responsible offeror, with the possibility of holding discussions with companies in the competitive range.
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Text version
Embassy of the United States of America Tegucigalpa MDC, December 10, 2025
Dear Prospective Offeror:
Subject: Request for Quotations number 19H08026Q0013
Enclosed is a Request for Quotations (RFQ) for Preventive Maintenance Services for Generators at NEC. If you would like to submit a quotation, complete the required portions of the attached document and submit it following instructions below in Section 3 of the solicitation.
The U.S. Government intends to award a purchase order to the responsible company submitting an acceptable offer at the lowest price based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if needed.
Please consider the following schedule for the solicitation process:
December 15, 2025, by End Of Day (Local time) Request access to Pre-Proposal and Site Visit to arrange entry to the building to tgubids@state.gov. Prospective offerors should send the full names and ID numbers of each one of their representatives for maximum of two (2) individuals per offeror.
December 18, 2025, at 9:30am (Local time). Site visit at New Embassy Compound.
December 19, 2025, by End Of Day (Local time) Submit questions in English to tgubids@state.gov December 26, 2025, at 10:00am (Local time) Quotations due date. No quotations will be accepted after this time. Quotations must be in English and incomplete Quotations will not be accepted. Your quotation must be submitted electronically to tgubids@state.gov. Please name subject of your email "Quotation Enclosed - 19H08026Q0013."
In order for a quotation to be considered, you must also complete and submit the following:
1. Form SF-18 on Page 1 - Blocks 11e & f, 13,14,15, & 16.
2. Section I, Pricing on pages 4-5.
3. Section 5 Representations and Certifications marking section 52.204-26 on pages 34.
4. Additional information as required in Section 3 on Page 27 & 28.
Offerors are strongly encouraged to complete their registration in SAM at https://www.sam.gov.
Any issues or concerns regarding registration should be communicated to tgubids@state.gov no later than the questions due date.
The selected awardee must obtain active SAM registration within the first six months of the contract's period of performance and maintain active SAM status for the entire duration of the contract. Failure to secure or maintain active SAM registration as required may result in the contractor being deemed ineligible for continued performance, payment, contract modifications, or the exercise of options, as applicable.
At the time of proposal submission, offerors are required to provide an active NCAGE Code.
Failure to provide an active NGACE Code at submission may result in a determination of non-responsibility, and the proposal will not receive further consideration.
Lack of active SAM registration may be taken into account during the solicitation and procurement process.
Sincerely, Edward Ortiz Contracting Officer
TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE
SF 18 cover sheet Continuation To SF-18, RFQ Number 19H08026Q001 , Prices, Block 11e, & f Continuation To SF-18, RFQ Number 19H08026Q001 , Schedule of Supplies/ Services, Block 11b Description/Specifications/Work Statement
SECTION 2 - CONTRACT CLAUSES
Contract Clauses Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part
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 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS
Offeror Representations and Certifications Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12
PAGE OF PAGESREQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS x IS NOT A SMALL BUSINESS SET-ASIDE 1 57
1. REQUEST NO.
19H08026Q0013
2. DATE ISSUED
1 /1 /2025
3. REQUISITION/PURCHASE REQUEST NO.
PR15689695
4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY
AMERICAN EMBASSY TEGUCIGALPA
GSO, ACQUISITIONS UNIT, ATTN: GSO
TEGUCIGALPA
HONDURAS
6. DELIVER BY (Date)
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
TELEPHONE NUMBER
7. DELIVERY
FOB DESTINATION x OTHER (See Schedule)
9. DESTINATION
NAME
Luis Calix
AREA CODE NUMBER
8. TO:
a. NAME OF CONSIGNEE
AMERICAN EMBASSY TEGUCIGALPA
a. NAME b. COMPANY b. STREET ADDRESS
FINAL AVE. LOS PROCERES, ATTN: LOCAL EMBASSY
WAREHOUSE
c. STREET ADDRESS c. CITY
TEGUCIGALPA
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
12/ /2025
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO. QUANTITY
(c)
UNIT UNIT PRICE
(e)
AMOUNT
(f)
d. CALENDAR DAYS
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%)
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF QUOTATION
16. SIGNERb. STREET ADDRESS
b. TELEPHONE
c. COUNTY
a. NAME (Type or print)
AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
SUPPLIES/ SERVICES
(b)(a) (d)
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-18
RFQ NUMBER 19H08026Q0013
PRICES, BLOCK 11e & f
1. GENERAL INFORMATION
A. The United States Embassy in TEGUCIGALPA requires professional services and contractor cost proposals from an authorized CATERPILLAR dealer to perform preventive maintenance services of the facility’s standby generator systems.
B. The contract will be for a period of base one-year, with a maximum of one one-year optional periods of performance and will be expected to commence before March 31, C. This is a firm fixed price contract payable entirely in US Dollars. Prices for all Contract
Line Item Numbers (CLIN) shall include proper disposal of toxic substances
2. PROJECT REQUIREMENTS:
The Contractor shall perform preventive maintenance as described in this STATEMENT OF WORK. The objective of scheduled preventive maintenance is to eliminate system malfunction, breakdown and deterioration when units are activated/running.
DESCRIPTION OF EQUIPMENT *:
*Please see attachment at the end of this sheet for more details
3. GENERAL REQUIREMENTS:
The contractor shall provide the logistics, insurances, labor and materials required to carry out all preventive maintenance as outlined in this SOW. Embassy staff might not have service manuals for Generators and ATS’s on-site. The contractor shall confirm on-site manuals are complete and current and provide the Contracting Officer’s Representative (COR) with a physical copy of any missing or out of date manuals. The technician shall sign off on every task specified in the Statement of Work and will provide a typewritten copy of their report to the COR or the COR's designate within five business days of each maintenance visit.
4. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
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 Pages
Performance Threshold
Services.
Performs all Preventive Maintenance Services for Generators services set forth in the scope of work.
Page 2 thru Page 11
All required services are performed and no more than one
(1) customer complaint is received per month.
4.1 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.
4.2 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 the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023), if any of the services exceed the standard.
4.3 PROCEDURES.
4.3.1 If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
4.3.2 The COR will complete appropriate documentation to record the complaint.
4.3.3 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.
4.3.4 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.
4.3.5 The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
4.3.6 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.
4.3.7 The COR will consider complaints as resolved unless notified otherwise by the complainant.
4.3.8 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.
5. PRICING
The rates below include all costs associated with providing preventive maintenance services and responding to unlimited troubleshooting emergency calls with qualified technicians onsite in less than 24 hours in accordance with the attached scope of work, and the manufacturer’s warranty including materials, labor, insurance, overhead, profit and GST (if applicable).
5.1 Base Year. The Contractor shall provide the services shown below for the base period of the contract and continuing for a period of 12 months.
Item Description Frequency of services
No. of service
Unit price / service ($)
Total per year
1 CATERPILLARC18
CAT00C18ALNB03215 Bimonthly 6 $ $
2 CATERPILLAR C18
CAT00C18PLNB03207 Bimonthly 6 $ $
3 CATERPILLAR C18
CAT00C18KLNB03208 Bimonthly 6 $ $
4 CATERPILLAR C18
CAT00C1BJLNB03209 Bimonthly 6 $ $
5 CATERPILLAR C18
CAT00C18PLNB03210 Bimonthly 6 $ $
6 CATERPILLAR C18
CAT00C18KLNB03211 Bimonthly 6 $ $
7 CATERPILLAR C7.1
JS608060 Bimonthly 6 $ $
8 CATERPILLAR C15
FTH15808 Bimonthly 6 $ $
9 DBA Insurance Annual 1 $ $
Total Base Year
5.2 Option Year 1. The Contractor shall provide the services shown below for Option Year 1 of the contract and continuing for a period of 12 months.
5.3 Total for all years: Base Year $__________
Option Year 1 $__________
TOTAL $__________
6. VALUE ADDED TAX
VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.
Item Description Frequency of services
No. of service
Unit price / service ($)
Total per year
1 CATERPILLARC18
CAT00C18ALNB03215 Bimonthly 6 $ $
2 CATERPILLAR C18
CAT00C18PLNB03207 Bimonthly 6 $ $
3 CATERPILLAR C18
CAT00C18KLNB03208 Bimonthly 6 $ $
4 CATERPILLAR C18
CAT00C1BJLNB03209 Bimonthly 6 $ $
5 CATERPILLAR C18
CAT00C18PLNB03210 Bimonthly 6 $ $
6 CATERPILLAR C18
CAT00C18KLNB03211 Bimonthly 6 $ $
7 CATERPILLAR C7.1
JS608060 Bimonthly 6 $ $
8 CATERPILLAR C15
FTH15808 Bimonthly 6 $ $
9 DBA Insurance Annual 1 $ $
Total Option Year 1
CONTINUATION TO SF-18,
RFQ NUMBER 19H08026Q0013
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 11
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
1. SCOPE OF WORK
The contractor shall provide all materials, supervision, labor, tools, and equipment to perform preventive maintenance. All personnel working in the vicinity shall wear and /or use appropriate safety protection while work is performed. Any questions or injuries shall be brought to the attention of the Post COR and Occupation Safety and Health Officer (POSHO). The Contractor will provide an SDS to the COR immediately upon delivery of each chemical to be used by Contractor personnel on-site. The SDS copies will be provided to the COR for approval.
The systems and components to be maintained include diesel generator prime mover, alternator, fuel, cooling, ventilation and lubrication systems, start and transfer systems, as well as control and monitoring systems. The attached equipment list provides details.
1.1 The contractor shall provide the COR with a list of necessary parts and materials.
1.2 Oil, fluids, filters and preventive maintenance parts shall be provided at the expense of the
U.S. Govt.
1.2.1 Only fluids which meet or exceed manufacturer’s specifications shall be used.
1.2.2 All fluids shall be delivered in original sealed containers.
1.3 The contractor shall provide emergency assistance for generator support, priced at an hourly rate, within 24 hours of being contacted by the COR.
1.4 The Government will provide load banks for generator testing.
1.4.1 LBM, LBDIRECT, L1151A, N22563-1 LS600-480-25TG
1.4.2 LBX, LBDIRECT, L1162A, N22563-2 LS50-480-25TG
2. DISCREPANCIES.
If any discrepancies are found with the generator systems that are not covered under this scope of work, the contractor shall provide the following:
2.1 Detailed report noting the discrepancy found.
2.2 Bill of Materials (BOM) to include component name, quantity, part #, and price for any repair material required and material lead time.
2.3 Price quote for repair labor.
3. SAFETY & SPECIAL INSTRUCTIONS:
3.1 Use appropriate personal protective equipment (PPE) when performing work
3.2 Check all work areas, tools, and equipment to ensure unsafe conditions are eliminated or guarded against.
3.3 Follow site safety procedures.
3.4 Schedule maintenance with operating personnel and affected offices (security).
3.5 Follow approved lockout/tag out procedures.
3.6 Lockout and disconnect the main power before tightening the main supply lugs in order to avoid the hazard of electrical shock, which could result in serious personal injury or death.
3.7 Review and follow the manufacturer’s instructions.
3.8 Record results in the equipment history log.
3.9 Remove lockout/tag out in accordance with appropriate procedures.
3.10 Report all incidents and near miss incidents to COR and assist as requested in the investigation and corrective action.
At a minimum, the following work shall be completed:
Notes:
Contractor shall submit to the COR for review, work sheet/checklist that will be used for performing maintenance service.
A discrepancy report shall be submitted to the COR immediately upon discovery of any condition that could result in equipment failure.
Laboratory report for all chemicals (oil, coolant or fuel analysis) shall be submitted to the COR within 30 days from date of service.
4. MAINTENANCE INTERVAL SCHEDULE
The purpose of this Statement of Work is to ensure the entire standby generator systems for this facility are maintained according to manufacturer’s recommendations to ensure the readiness and proper operation of the system.
A. Semi-annual Schedule
1. Conduct visual inspection around generator.
Check for evidence of leaks, damage, loose or missing hardware.
Inspect engine and generator wiring harness for wear and damage.
Inspect supports and spring isolators for soundness and stability.
Inspect system for corrosion.
Hoses and Clamps – Inspect and replace if needed.
Belts – Inspect and adjust/replace if needed.
Inspect all fuel, oil, and water piping for secure mounting and leaks.
Inspect exhaust piping and muffler insulation.
Check / service air cleaner
2. Batteries.
Battery charger – Inspect operation and clean.
Battery electrolyte level and specific gravity – Check and adjust. Add distilled water as needed.
Perform battery load test.
Clean battery terminals and lugs (apply grease on terminal connections).
3. Fluids and Filters.
Cooling System Coolant Level - Check and adjust.
Coolant conditioner (DCA/SCA) / Antifreeze protection – Check and adjust to specs.
Jacket Water Heater - Check proper operation.
Water pump - Check Engine Oil Level - Check and add if needed.
Fuel/water separators – Drain water.
Engine Air Cleaner Service Indicator – Check, replace filter if needed.
4. Generator Room.
Fuel – Inspect and treat fuel if needed, check fuel level, drain water and sediment.
o Test fuel for degradation, water and microbial contamination.
o Test autofill system, return to tank and alarms.
o Check tank vents & overflow piping for obstructions o Test alarms and or pumps in secondary containment.
Check hoses, piping and connections Space Heater/Room exhaust fan - Check for proper operation.
Air intake/exhaust – Ensure nothing obstructs airflow; louvers are free and operate properly.
5. Control Panel/generator cabinet.
Open all cabinets; remove panel covers to clean/inspect.
Clean dust and vacuum all the controls, meters, switching mechanism components, interior buswork, Remote Start control panel, Annunciator and connecting lugs. Inspect/Check buswork and supporting hardware for carbon tracking, cracks, corrosion, or any type of deterioration.
Check all control wiring and power cables (especially wiring between or near hinged door) for sign of wear and deterioration.
Check the cabinet interior for loose hardware – tighten connections.
Electrical Connections - Check tightness Clean and remove dust from panels.
6. Automatic Transfer Switch (ATS).
Inspect seals.
Note date of last battery change. (Replace if 2 years or older).
Tighten connections.
Check for hot spots.
Clean dust and vacuum all the controls, meters, switching mechanism components, interior bus work, Remote Start control panel, Annunciator and connecting lugs of the ATS.
Inspect/Check bus work and supporting hardware for carbon tracking, cracks, corrosion, or any type of deterioration.
Check all control wiring and power cables (especially wiring between or near hinged door) for sign of wear and deterioration.
Check the cabinet interior for loose hardware – tighten connections.
Check for evidence of overheating contacts.
Check ATS operation, calibrate and record time delays if necessary. Observe and record retransfer/cool down time.
Exercise ATS.
o Prior to performing test, confirm with the COR.
o This test shall consist of an electronic operation of the switch from the normal source 1 position to the alternate source 2 position and a return to normal.
7. Run unit – No load.
Run the generator with no load for 10 minutes.
o Remote Start Panel-Inspect and test operation. Inspect and clean.
o Check the generator for unusual conditions, such as: excessive vibration, leaks, smoke.
o Verify all gauges and indicators are normal and functioning properly.
o Check all indication lights, replace any defective bulbs.
o Check operation of safeties & alarms
8. Start unit and run under load for 1 hour.
Unit should be run under facility load if COR authorizes to test and exercise entire system.
If facility load is not permissible or is not a minimum of 50% of rated capacity or if wet stacking is prevalent, the unit shall be exercised with a load bank to a minimum 75% capacity for 2 hours.
Automatic Start/Stop – Inspect.
Check louvers, shutters and room exhaust fans for proper operation.
Generator Set Vibration – Inspect.
Read and record all gauges/meters.
Record load readings – Voltage, amps, frequency, power factor.
Check exhaust for excessive black or white smoke.
Check turbocharger for vibrations or any abnormal noise during operation.
Check generator bearing for noise and overheating.
Check exhaust manifold, flexible exhaust, muffler, and piping for leaks and secure mountings.
Check Crankcase breather/Blow By Check / service air cleaner
9. Additionally.
Ensure system is left in proper position for automatic start and transfer.
Clean generator and generator room. Wash radiator if necessary.
Annotate date, hours and maintenance in Generator log, complete maintenance checklist and deficiency report and brief COR.
Perform any additional maintenance tasks as recommended in the manufacture’s operation and maintenance manuals.
B. Annual Schedule or every 250hrs, whichever comes first:
1. Conduct semi- annual / monthly PM service
2. Engine Air Cleaner Elements – Replace.
3. Engine Crankcase Breather – Clean.
4. Engine Oil Sample - Obtain and perform analysis. Submit report to COR.
5. Engine Oil and Filter(s) – Replace.
6. Annotate date and hours on all filters when replaced.
7. Fuel Filters and Water Separators – Replace.
7.1 To include filters to day tanks if applicable.
8. Obtain fuel sample at day tank and storage tank for analysis.
9. Radiator – Clean (follow manufacturer’s recommendation).
10. Intake louvers and ducts – Inspect/Clean (follow manufacturer’s recommendation).
Replace filters.
11. Cooling System Coolant Sample - Test
12. Cooling System Supplemental Coolant Additive (SCA) - Test/Add
13. Coolant filter – Change if applicable
14. Crankshaft Vibration Damper - Inspect
15. Engine Protective Devices - Check
16. Turbocharger – Inspect/Check
17. Clean and lubricate fuel pump linkages if applicable.
18. Fan bearing – Inspect/Grease.
19. Generator – Check for moisture, dust, oil, grease, and debris on main stator windings, exciter. Check commutator & slip rings, rotor & stator, bearings, bearing lubrication, voltage regulator. Measure & record resistance readings of windings with insulation tester (Megger). Clean as needed
20. Calibrate voltage-sensing relays/devices.
21. Check injector pump and injectors for flow rate pressure
22. Clean / Test Aftercooler Core
23. Check Rotating Rectifier
24. Inspect Alternator
25. Inspect / Check Varistor
C. Additional maintenance required per manufacturers recommendations and service interval:
1. Generator bearing – Inspect/Grease as recommended by manufacturer’s maintenance schedule.
2. Engine Generator Batteries – Replace if 3 years old.
3. Cooling System Coolant – Flush system and replace per manufacturer’s maintenance schedule with coolant per manufacturers specifications.
Every 3 years since last change. Every 6 years for Extended life coolant o When performing coolant change; replace engine thermostats.
o Replace hoses if necessary.
4. Engine Valve Lash - Inspect/Adjust per manufacturer’s maintenance schedule.
This may occur at 250hrs or up to 1500hrs depending upon manufacturer and model number.
If this has not been done, contractor needs to perform at first service.
Many manufacturers and models require this to be done annually or according to an schedule based on run time. This needs to occur at first service if this has not been done and according to manufacturer’s requirements.
D. Additionally:
1. The contractor shall supply to post:
Hard copy of troubleshooting and repair manuals for the type of generators covered under agreement.
Active subscription of customer CATERPILLAR ET service program installed in one computer property of the government.
One CATERPILLAR communicator to interface with generators. Check that device works in each programmed visit. Replace it if necessary.
Active subscription of customer access to CATERPILLAR parts manuals online.
SECTION 2 - CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
(NOV 2023) IS INCORPORATED BY REFERENCE.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)
(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:
__ (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.)
__ (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 (Nov 2020) (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 (Jan 2025)( 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 (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).
__ (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).
__ (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).
__ (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).
_X_ (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 2023) (Section 1634 of Pub. L. 115-91).
(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 (Nov 2021) (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)
ADD THE FOLLOWING CLAUSE IN FULL TEXT:
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND
REPRESENTATION (FEB 2021)
(a) Definitions. As used in this clause—
Foreign person means any person other than a United States person.
United States person, as defined in 26 U.S.C. 7701(a)(30), means–
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C.
7701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c)
(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying.
In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request.
Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.
(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–
(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and
(ii) Comply with paragraph (c)(1) of this clause.
(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.
(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C- 1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C.
5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.
(f) Taxes imposed under 26 U.S.C. 5000C may not be—
(1) Included in the contract price; nor
(2) Reimbursed.
(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
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)
52.225-19 CONTRACTOR PERSONNEL IN A DESIGNED OPERATIONAL
AREA OR SUPPORTING A DIPLOMATIC MISSION OUTSIDE THE
UNITED STATES (MAY 2020)
52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL
2014)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.229-6 TAXES - FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (MAR 2023)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (JAN 2025)
THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.
(En…
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