SOLICITATION FOR DUTY FREE FUEL DELIVERY.pdf

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Attached to: Supply and Delivery of Duty Free Fuel - U. S. Embassy Lilongwe
Solicitation number: 19M16022Q0024
Issued by: US Agency for International Development Malawi

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May 29^'' 2022

U.S Embassy Lilongwe Jomo Kenyatta Road Area 40, Plot #24 Malawi

Dear Prospective Quoter:

SUBJECT; Solicitation Number 19M16022Q0024

The Embassy of the United States of America invites you to submit a quotation for delivery of duty free Fuel

The Embassy intends to conduct a pre-quotation conference at the site, and all prospective quoters who have received a solicitation package will be invited to attend. See Section 3 of the attached Request for Quotations (RFQ).

Your quotation must be submitted in a sealed envelope marked "Quotation Enclosed" U.S.

Embassy Lilongwe, Area 40 Plot 24 on or before July 28^’' 2022 at 14:00pm, Electronic Submission will also be accepted of not more than lOOOmb. No quotation will be accepted after this time.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-1449

2. Section 1 Continuation of, Block 23

3. Section 5, Representations and Certifications;

4. Additional information as required in Section 4, Evaluation Factors.

5. Proof of SAM registration All offerors shall be registered in the SAM (System for Award Management) database li ttp s: //w w w ■ sam. gov prior to submittal of their offer/proposal pursuant to FAR provision 4.1 102(a). Any offer received from a company that is not SAM registered may be considered non-responsive with no further consideration.

Direct any questions regarding this solicitation to Tanya R Austin , Contracting Officer by email to lilongweGSOProcurement@state.gov during regular business hours and must be written in

English

Sincerely, Tanya R Austin Contracting Officer

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, REQ Number 19M16022Q0024, Prices, Block 23

• Continuation To SF-1449, RFQ Number 19M16022Q0024, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Statement of Work, Government Furnished Property

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 - Offeror Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

PAGE 1 OF 62 PAGES1. REQUISITION

NUMBER

PR10833686

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

6. SOLICITATION ISSUE

DATE

06/29/2022

5. SOLICITATION

NUMBER

19M16022Q0024

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER2. CONTRACT NO.

8. OFFER DUE DATE/

LOCAL TIME

07/28/2022

b. TELEPHONE

NUMBER(No collect calls) +26501 773166

a. NAME7. FOR SOLICITATION

INFORMATION CALI► Chimwemwe Kamala

□ □ SET ASIDE: %9. ISSUED BY

CODE

10.THIS

ACQUISITION IS UNRESTRICTED FOR:

U.S. EMBASSY LILONGWE

AREA 40, PLOT24, KENYATTA DRIVE , BOX

30016

GSO PROCUREMENT

LILONGWE 3

□ WOMEN-OWNED SMALL BUSINESS□ SMALL

BUSINESS

□ (WOSB)ELLIGIBLE UNDER THE WOMEN-

OWNED

SMALL BUSINESS PROGRAM NAICS:

□ EDWOSB

□ HUBZONE

SMALL

BUSINESS

□ SERVICE-

DISABLED

VETERAN-

OWNED

SIZE STANDARD:□ 8(A)

□ 13a. THIS CONTRACT 13b. RATING11. DELIVERY FOR FOB

DESTINAT-

TION UNLESS BLOCK

12. DISCOUNT TERMS

ISA

RATED ORDER 14. METHOD OF SOLICITATION

UNDERIS

DPAS (15 CFR □ RFQ □ IFB □ RFPMARKED

700)

CODE MI600 CODE16. ADMINISTERED BY15. DELIVERTO

AMERICAN EMBASSY LILONGWE

AREA 40, PLOT24 KENYATTA

DRIVE . ATTN: GSO RECEIVING

LILONGWE

MALAWI

U.S. EMBASSY LILONGWE

AREA 40 PLOT 24, KENYATTA DRIVE , BOX 30016, ATTN

GSO/PROCUREMENT

LILONGWE

MALAWI

17a. CONTRACTOR/ COD

OFFERER E

FACILIT

YCODE

CODE18a. PAYMENTWILLBEMADEBY

U.S. EMBASSY LILONGWE

P.OBOX 30016

LILONGWE 3

MALAWI

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

BLOCK

□ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN

24.23.21. 22.20.19.

UNIT PRICE AMOUNTQUANTITY UNITSCHEDULE OF SUPPLIES/SERVICESITEM NO.

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

26. TOTAL AWARD AMOUNT (For Govt.

Use Only)

25. ACCOUNTING AND APPROPRIATION DATA

□ ARE □ ARE NOT

ATTACHED

□ 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52,212-1,52.212-4. FAR 52.212-3AND

52.212-5AREATTACHED. ADDENDA

□ 27b.CONTRACT/PURCHASEORDERINCORPORATESBYREFERENCEFAR52.2124. FAR52.212-5IS DARE □ ARE NOT

ATTACHED. ADDENDA ATTACHED

□ 29. AWARD OF CONTRACT: REF.

OFFER DATED

SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED

AS TO ITEMS:

.YOUR OFFER ON

□ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN

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.

COPIES TO ISSUING OFFICE. CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF

CONTRACTING OFFICER)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (Type or print)

30c. DATE SIGNED30b, NAME AND TITLE OF SIGNER (Type or print)

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA- FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE Computer Generated

24.22. 23.21.20.19.

AMOUNTUNIT PRICESCHEDULE OF SUPPLIES/SERVICES QUANTITY UNITITEM NO.

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:□ RECEIVED □ INSPECTED □

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE32b. SIGNATURE OF AUTHORIZED

GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECKAMOUNT 36. PAYMENT34. VOUCHER

NUMBER

35.33. SHIP NUMBER

NUMBERVERIFIED

□ PARTI □ FINA

□ FINAL□ COMPLETE □ PARTIALA

40. PAID BY38. S/R ACCOUNT 39. S/R

NO. VOUCHER NO,

42a. RECEWED BY (Print)41 .a. I CERTIFY THIS ACCOUNT IS CORRECT AND

PROPER FOR PAYMENT

SIGNATURE AND TITLE OF 41C. DATE41b.

42b. RECEIVED AT/Locaf/on)

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

STANDARD FORM 1449 (REV. 2/2012) BACK

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19M16022Q0024, Prices, Block 23

• Continuation To SF-1449, RFQ Number 19M16022Q0024, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Statement of Work, Government

Furnished Property

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 - Offeror Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER S-19M16022Q0024

PRICES, BLOCK 23

I. Scope of Services

The Contractor shall provide and deliver high grade Duty free Low Sulphur -50ppm and unleaded Petrol to the U.S. Embassy Lilongwe , as described in this solicitation. The contract type will be a fixed price with economic price adjustment indefinite quantity/indefmite delivery under which may be placed firm fixed-price delivery orders. The price listed below shall include all labor, materials, insurance (see FAR 52.228-3 and 52.228-5), overhead, profit, and transportation necessary to supply and deliver the Duty Free Diesel Low Sulphur and unleaded petrol to the American Embassy. In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a firm fixed price for each delivery. The Contractor shall be compensated monthly upon receipt of a proper invoice for all deliveries made under delivery orders during the month.

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT

OF 2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES,

PAYMENTS SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO

AN EXCISE TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

VAT VERSION B

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 Malawi government.

II. Base Period - October 2022 to September 30"' 2023

TotalEstimated Quantity/Year Unit PriceType of Fuel Diesel Low

Sulphur- 50PPM- Duty free

Duty free unleaded petrol

384,000 Liters

20,000 Liters

III. First Option Year October 2023 to September 30^*^ 2024

TotalEstimated Quantity/Year Unit PriceType of Fuel Diesel Low

Sulphur- 50PPM- Duty free

Duty free Unleaded petrol

388,000 Liters

22,000 Liters

IV. Second Option Year October F‘ 2024 to September 30^'' 2025

Estimated Quantity/Year Unit PriType of Fuel ce Total

Diesel Low

Sulphur- 50PPM- Duty free

390,000 Liters

Duty free unleaded petrol 24,000 Liters

V, Third Option Year October 2025 to September 30"' 2026

Unit Price TotalEstimated Quantity/YearType of Fuel Diesel Low

Sulphur- 50PPM- Duty free

Duty free unleaded petrol

392,000 Liters

26,000 Liters

VI. Fourth Option Year October F‘ 2026 to September 30^'‘ 2027

TotalUnit PriceEstimated Quantity/YearType of Fuel Diesel Low

Sulphur- 50PPM- Duty free

Duty free unleaded petrol

394,000 Liters

26,000 Liters

Base Year Total

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4 Total

Grand Total for Base plus All Option Years

See Section I of Continuation of Block 20 for minimum and maximum amounts.

CONTINUATION TO SF-I449

RFQ NUMBER 19M16022Q0024

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. Scope of Work

The Contraetor shall provide bulk Duty Free Diesel low-Sulphur and Duty Free unleaded Petrol to the United States Embassy Lilongwe, Malawi. The Embassy seeks the services of a speeialized bulk fuel supplier to provide bulk fuel as outlined below:

Have a reliable supply of fuel in Malawi The contractor shall have sufficient fuel reserves and resources to meet the needs of the U.S.

Mission in Zimbabwe. In the event of a fuel crisis in Malawi, the Contractor shall give priority to the U.S. Mission. The Contractor shall look into other sourees, e.g., other neighboring eountries, to fulfil the fuel needs of the U.S. Mission if necessary.

Bulk fuel will be requested via issuanee of delivery orders and delivered by the Contractor to the U.S. Embassy fuel storage facility at area 40, Plot No 24 Kenyatta Drive, Lilongwe

Delivery orders will be issued by the U.S. Embassy as needed. The Delivery order is an offieial order from the U.S. Embassy under this contract that shows the quantity, price, and delivery location.

For each year of the contraet, the U.S. Government guarantees a minimum order of 389,000 Liters of Duty Free low Sulphur Diesel fuel and of 23,600 liters of petrol . The maximum amount of fuel ordered under Base Year and four option years of the contraet shall not exceed 1,948,000 Liters and 118,000 liters of petrol.

The fuel provided will be Duty free Low Sulphur Diesel and Diesel and For supply and delivery of the fuel, the Contractor shall be paid the fixed price per unit as listed above. This price is not to exeeed any official rate, as set by laws enacted by the government of Malawi

Delivery:

The Contractor shall deliver fuel to the U.S. Embassy located dXArea 40 Plot No 24, Jomo

Kenyatta Road. Delivery must be made between the hours of 7:30am to 4:30pm. The Contractor shall promptly deliver the oil by tanker truck on the date and time that are specified on delivery orders issued under the contract. Any contractor personnel involved with the delivery of the oil shall comply with Embassy regulations for receiving supplies. The Contracting Officer's Representative (COR) will be responsible for instructing contractor personnel at the time deliveries are made. The driver of the tanker truek must submit an invoice to the COR for approval at the time any delivery is made.

Price Adjustment:

(a) The unit price per Liter of Diesel Low Sulphur- may be adjusted based on increases or decreases in the official price of heating oil, mandated by the government of Malawi.

(b) To request an adjustment in price, the Contractor must provide written notification of the price change to the Contracting Officer at least one week before the new price is to be effective.

This notification must be accompanied by a copy of the official announcement of the price change, showing the new price and its effective date. The officer or general partner of the Contractor having overall responsibility for the Contractor's affairs shall certify the submission by written signature.

(c) The U.S. Government will make no adjustment to the contract price that relates to any wages, overhead, fixed costs, general and administrative expenses, materials, or profit. Only the amount which is a direct result of an increase or decrease in the priee of oil to be delivered under this contract shall be considered by the U.S. Government as the basis for contract price adjustments.

(d) The Contractor may not request an adjustment under this clause after final payment has been made under this contract.

(e) This clause shall only apply to laws enacted by the government of Malawi which meet the criteria set forth above. The U.S. Government will make no adjustments in contract price due to currency devaluations or fluctuations in exchange rates.

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 ThresholdScope of Work ParaPerformance Objective Services.

Performs all fuel delivery services set forth in the scope of work.

All required services are performed and no more than one

(1) customer complaint is received per month.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT

2018) is incorporated by reference, (see SF-1449, Block 27A)

Instructions for 52.212-5

52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services. (JAN 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

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

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(^ 52.233-3, Protest After Award (AuG 1996) {31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OcT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

(JQ 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020).

with Alternate I fOCTl995) {41 U.S.C. 4704 and 10 U.S.C. 2402).

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

2020) {41 U.S.C. 3509)).

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

Reinvestment Act of 2009 (Jun2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

{^52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards fJuN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(5} [Reserved].

52.204-14, Service Contract Reporting Requirements (Oct2016) (Pub. L. Hi ll?, section 743 ofDiv. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OcT 2016) (Pub. L. 111-117, section 743 ofDiv. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JuN

2020) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct2018) (41 U.S.C. 2313).

(10) [Reserved].

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021

2020) (75 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) {15 U.S.C. 657a).

(13) [Reserved] (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) {15 U.S.C. 644).

_ (ii) Alternate I (Mar2020) o^52.219-6.

(15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) {15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OcT

2018) {15 U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (JuN 2020) {15 U.S.C. 637(d)(4)).

_ (ii) Alternate I fNov2016) of 52.219-9.

_ (iii) Alternate II (Nov 2016) of 52.219-9.

_ Ov) Alternate III (JuN 2020) of 52.219-9.

_ (v) Alternate IV (JuN 2020) of 52.219-9

(18)

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) {15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (SEP 2021) {15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021)

{15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (SEP202I} (i5 U.S.C. 657f).

(22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021)

(15 U.S.C. 632(a)(2)).

_ (ii) Alternate 1 (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (7J U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar

2020) (15 U.S.C. 644(x)).

(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(n)).

_ (27) 52.222-3, Convict Labor (JuN 2003) (E.0.11755).

(28) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (Jan2020) (E.0.13126).

(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(30)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.0.11246).

_ 01} Alternate I (Feb 1999) of 52.222-26.

(31)

0) 52.222-35, Equal Opportunity for Veterans (JuN 2020) {38 U.S.C. 4212).

__ (ii) Alternate I (Jul2014) of 52.222-35.

(32)

0} 52.222-36, Equal Opportunity for Workers with Disabilities (JuN 2020) {29 U.S.C. 793).

_ 01} Alternate I (Jul2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (JuN 2020) {38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor

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

(35)

0} 52.222-50, Combating Trafficking in Persons (OcT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

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

13627).

(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37)

(i} 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_01} Alternate I (May 2008) of 52.22J-P {42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JuN 2016) (E.O. 13693).

(40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JuN 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May

2020) (42 U.S.C. 8259b).

(43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

_ (ii) Alternate I (Jun2014) of 52.223-16.

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JuN 2020) (E.O. 13513).

_ (45) 52.223-20, Aerosols (Jun2016) (E.O. 13693).

_i^52.223-21. Foams (Jun2016) (E.O. 13693).

(47)

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

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

(48) 52.225-1, Buy American-Supplies (Jan2021) {41 U.S.C. chapter 83).

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-lsraeli Trade Act

(Jan 202l)(41 U.S.C.chapter83,19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note. Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

_ (ii) Alternate I (Jan 2021) of 52.225-J.

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

_ (iy) Alternate III (Jan 2021) of 52.225-i.

(50) 52.225-5, Trade Agreements (Oct2019) {19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(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. 2302Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) {42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

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

(55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb

2002) {41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) {41 U.S.C. 4505,10 U.S.C. 2307(f)).

(58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

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

(59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) {31 U.S.C. 3332).

_ (M 52.232-36, Payment by Third Party (May 2014) {31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (Jan

2017) {15 U.S.C. 637(d)(13)).

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) {46 U.S.C. 55305 and 10 U.S.C. 2631).

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

_ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] fl} 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).

52.222-53, Exemption from Application of the Service Contract Labor

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

(7} 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

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

13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) {42 U.S.C 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3} As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. 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.

£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 elause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN

2020) {41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

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

Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT

2018) (75 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vij) 52.222-26, Equal Opportunity (Sep 2015) (E.0.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JuN

2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JuN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug

2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct2020) (22 U.S.C. chapter 78 and E.O

13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor

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

(xvi) 52.222-54, Employment Eligibility Verification (Oct2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

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

13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate 1 (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the

United States fOCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Feb 2006) (_46 U.S.C. 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate / (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

Alternate II (Jan 2022). As prescribed in 12.301(b)(4)(h). 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)(h) 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 2021U41 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).

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(D) 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).

(E) 52.219-8. Utilization of Small Business Concerns (OCT 2018) ( 15 U.S.C. 637(d)(2) and (3)). in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(F) 52.222-21. Prohibition of Segregated Facilities (Apr 2015).

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

(H) 52.222-35. Equal Opportunity for Veterans (JuN 2020) ( 38 U.S.C. 4212).

(1) 52.222-36. Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(J) 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.

(K) 52.222-41. Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(1) 52.222-50. Combating Trafficking in Persons (Nov(L)

2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(2) Alternate 1 (Mar 2015) of 52.222- 50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(M) 52.222-51. Exemption from Application of the Serviee Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -

Requirements (May 2014) ( 41 U.S.C. chapter 67).

(N) 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).

(O) 52.222-54. Employment Eligibility Verification (Nov 2021) (Executive Order 12989).

(P) 52.222-55., Minimum Wages for Contractor Workers Under Executive Order

14026 (Jan 2022).

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

13706).

(R) (1) 52.224-3. Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224-3.

(S) 52.225-26. Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(T) 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.

(U) 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.

(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/wl4.

(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.

(End of clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)52.252-2

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www. acquisition, sov/far/ or. http://farsite, hill, af.mil/vffara. htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition Website at https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb95Q2725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.t pi to see the links to the FAR. You may also use an internet “search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulations (FAR) clauses are incorporated by reference:

TITLE AND DATECLAUSE

[Note to Contracting Officer: If contractor personnel on USG property add clause 52.204-9, below]

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-9

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-13

52.204-18

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION

OF CONTRACT (FEB 2000)

INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.225-14

52.228-5

FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.229-6

52.232-39

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.232-40

SUBCONTRACTS FOR COMMERCIAL PRODUCTS and COMMERCIAL

ITEMS (JAN 2022)

52.244-6

The following FAR clause(s) is/are provided in full text:

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from October 2022 through September SO*** 2026.

(b) All delivery orders or tsk orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(1)

If sent by fax, the Government transmits the order to the Contractor’s fax number;(2) or

If sent electronically, the Government either -(3)

Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (i)

Distributes the delivery order or task order via email to the Contractor’s email address.

(ii)

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

ORDER LIMITATIONS (OCT 1995)52.216-19

Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 5,000 Liters , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(a)

Maximum order. The Contractor is not obligated to honor- Any order for a single item in excess of 150,000 Liters Any order for a combination of items more than 250,000 Liters; or A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(b) (1)

(2)

(3)

If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(c)

Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(d)

INDEFINITE QUANTITY (OCT 1995)52.216-22

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract,

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations,

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor’s and Government’s rights and obligations with respeet to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year beyond the contract’s effective period.

OPTION TO EXTEND SERVICES (NOV 1999)52.217-8

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.

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)52.217-9

(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contraet or within 30 days after funds for the option year become available, whichever is later.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause,

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)52.232-19

Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

The following DOSAR clause(s) is/are provided in full text:

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

Clearly identify themselves and their contractor affiliation in meetings;

Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

Contractor personnel may not utilize Department of State logos or indicia on business cards.

ORDERING -…

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