SOW_Primary_Internet_RFQ.pdf
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- Solicitation number
- PR16055908
- Issued by
-
Department of State
About this file
This is a Request for Quotations (RFQ) for Internet Services issued by the U.S. Embassy in Lilongwe, Malawi on July 22, 2026, with solicitation number PR16055908.
The primary requirement is provision of dedicated Internet services at the Centers For Disease Control and Prevention office located at NICO House, 2nd Floor, City Centre in Lilongwe. The service must deliver one dedicated Internet channel at 50 Mbps (symmetric, upload and download) with mandatory HSRP protocol support. Technical requirements include 99.5% minimum monthly service availability, maximum Round Trip Time of 300 milliseconds, jitter not exceeding 30 milliseconds, and packet loss not to exceed 1%. The contractor must provide 24x7x365 Network Operations Center support with one-hour trouble ticket response time and four-hour Priority 1 resolution time. Installation and testing must be completed within 30 calendar days of award. The contractor must submit a detailed network topology diagram identifying all primary and secondary Internet access paths and must clearly certify its classification as either a Tier 1 or Tier 2 Internet Service Provider. Pricing is firm fixed price in Malawi Kwacha for a 12-month base year (July 1, 2026 to June 30, 2027), with separate line items for monthly recurring charges and non-recurring initial installation costs, plus 10% excise duty and Value Added Tax. Quotations are due electronically by August 10, 2026 at 14:00 local time and must be submitted in MS-Word, MS-Excel, or Adobe PDF format not exceeding 30MB per file. Required submissions include completed SF-1449, pricing details, representations and certifications, past performance information, strategic implementation plan, and proof of current SAM registration. A pre-quotation conference is scheduled for July 29, 2026 at 9:00 AM at CDC Conference room. Award will be made to the lowest priced, acceptable, responsible offeror based on technical compliance, past performance, service reliability/SLA strength, and price evaluation factors.
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Text version
Embassy of the United States of America, Malawi
July 22, 2026
Dear Prospective Quoter, Subject: Request for Quotations number PR16055908
Enclosed is a Request for Quotations (RFQ) for Internet Services. If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.
The U.S. Government intends to award a contract to the responsible company submitting an acceptable offer at fair and reasonable price. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
The Embassy intends to conduct a pre-quotation conference at the site. The pre-proposal conference will be held on July 29, 2026 at 9:00am (local time) at CDC Conference room, NICO House Second floor. Prospective offerors/quoters should contact Lilongwe GSO
Procurement on LilongweGSOProcurement@state.gov by July 27, 2026 at 2:00pm for additional information and to arrange entry to the chancery compound building.
Quotations are due by August 10, 2026 at 14:00pm. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.
Your quotation must be submitted electronically to LilongweGSOProcurement@state.gov It is important to make sure the submission is made in specific size and format; in MS-Word
2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.
In order for a quotation to be considered, you must also complete and submit the following:
1. SF-1449
2. Section I, Pricing mailto:LilongweGSOProcurement@state.gov mailto:LilongweGSOProcurement@state.gov
3. Section 5 Representations and Certifications
4. Additional information as required in Section 3
5. Proof of SAM Registration
Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.
Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.
Sincerely, Contracting Officer https://www.sam.gov/
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. PR16055908 2
PR16055908
SARAH CHISALA
0888 485 851
Centers For Disease Control and Prevention 2nd Floor, Nico House City Centre
US Embassy Lilongwe, Malawi
US Embassy Lilongwe Financial Management Officer
1 The Contractor shall furnish all engineering, labor, tools, equipment, materials, supplies and services to provide the required circuit as specified under Section 1, the SOW
2 Prices. In consideration of satisfactory performance of the services required under this contract, the Contractor shall be paid a firm fixed price (FFP) per month as stated in the schedule below in SOW
8/10/2026
14:00PM
AREA 40/PLOT 24 KENYATTA DRIVE BOX 30016
ATT GSO PROCUREMENT
LILONGWE 3
MALAWI
Tsionawit M Tefera Digitally signed by Tsionawit M Tefera Date: 2026.07.22 14:28:19 +02'00'
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
1 Privision of Secondary Internet the Contractor shall furnish all engineering, labor, tools,equipment, materials, supplies and services to provide the required circuit as specified under Section 1, hereof.
2 Provision of secondary Internet on Prices.
consideration of satisfactory performance of the services required under this contract, the Contractor shall be paid a firm fixed price (FFP) per month as stated in the schedule below in SOW
TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE
* SF 1449 cover sheet
* Continuation To SF-1449, RFQ Number 19M16026Q0005 Prices, Block 23
* Continuation To SF-1449, RFQ Number 19M16026Q005 Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement
* Attachment 1 to Description/Specifications/Statement of Work, Government furnished
Property
* Attachment 2 CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT (C-SCRM)
SOFTWARE PRODUCER ATTESTATION FORM
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
* Evaluation
* Addendum to Evaluation - 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- PRICES BLOCK 23
I. SCOPE OF SERVICES
The Contractor shall complete all work, including furnishing all labor, material, equipment, and services, unless otherwise specified herein, required under this contract for stated services within the time specified herein. The price listed below shall include all labor, materials, overhead, and profit. In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a firm fixed price for all services.
II. BASE PERIOD
The contract will be for a one-year period from the date of the contract award.
1. The Contractor shall furnish all engineering, labor, tools, equipment, materials, supplies and services to provide the required circuit as specified under Section 1, hereof.
2. Prices. In consideration of satisfactory performance of the services required under this contract, the Contractor shall be paid a firm fixed price (FFP) per month as stated in the schedule below in Malawi Kwacha
2.1 VALUE ADDED TAX
VAT VERSION A
VALUE ADDED TAX. Value Added Tax (VAT) is not included in the Contract Line Item
Number CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on
Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period.
The portions of the solicitation subject to VAT are:
2.2.The firm fixed-prices are in Malawi Kwacha:
BASE YEAR: July 1,2026 to June 30, 2027
Contract
Line
Item #
Description of Services
Number of
Months
Monthly Price
Total Firm-Fixed Price
Primary Dedicated Internet
Services at CDC Offices, NICO House 2nd Floor, City
Centre. One (1) dedicated
Internet channel at 50000
Kbps (50Mbps). HSRP protocol is required
Initial Installation (Non-
Reoccurring)
SUBTOTAL
10% EXCISE DUTY
PLUS VAT
GRAND TOTAL FOR BASE YEAR
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
I. SCOPE OF WORK
The selected vendor shall supply, install, configure, test, and support a dedicated Internet service at the designated site(s) of CDC. The service must meet or exceed the technical specifications and service levels described in this document.
2.0. TECHNICAL REQUIREMENTS (MANDATORY)
2.1 Bandwidth and Architecture
2.1.1 Dedicated, symmetric Internet circuit with minimum capacity of 50 Mbps upload and 50 Mbps download
2.1.2 Bandwidth must be 1:1 dedicated, non-oversubscribed, and not shared with other customers
2.1.3 Connection must be continuously available and exclusively reserved for Government use
2.2 Quality of Service (QoS)
The Contractor shall meet the following minimum network performance metrics:
Metric Requirement
Round Trip Time (RTT) ≤ 300 milliseconds
Jitter ≤ 30 milliseconds
Packet Loss ≤ 1%
Performance measurements shall be based on industry-standard methodologies and measured end-to-end.
2.3 Usage and Traffic Policy
2.3.1 Flat-rate, traffic-independent pricing
2.3.2 Unlimited data usage
2.3.3 No throttling, shaping, or prioritization
2.3.4 No proxy servers, content filtering, or provider-imposed firewalls
2.3.5 No restrictions on lawful Government use
2.4 IP Services
2.4.1 Public IP address allocation shall be provided
2.4.2 Support for IPv4 required; IPv6 support preferred
2.5 Network Architecture and Provider Classification (MANDATORY)
The Offeror should provide a detailed network topology diagram as part of its technical proposal.
The topology map must clearly depict the end-to-end network architecture used to deliver Internet service to the Government.
At a minimum, the topology diagram shall include:
2.5.1 All network segments from the Government demarcation point to the Internet backbone
2.5.2 All primary and secondary (backup) paths used to access the Internet backbone
2.5.3 Redundancy mechanisms and failover routing paths
2.5.4 Identification of peering points and upstream transit providers
2.5.5 Physical and logical separation between primary and backup routes, where applicable
The topology map must demonstrate that the proposed solution supports high availability and resilience consistent with the service level requirements defined in this RFP.
The Offeror shall also clearly identify and certify its classification as a:
➢ Tier 1 Internet Service Provider, or
➢ Tier 2 Internet Service Provider
If classified as a Tier 2 provider, the Offeror must identify all upstream Tier 1 providers utilized for
Internet backbone access and describe any dependencies associated with those relationships.
Failure to provide the required topology diagram or provider classification may result in the proposal being deemed non-responsive.
3.0 SERVICE AVAILABILITY & RELIABILITY
3.1 Minimum monthly service availability of 99.5%
3.2 Scheduled maintenance must be coordinated with the Government at least
72 hours in advance
3.3 Emergency maintenance shall be communicated immediately upon identification
4.0 INSTALLATION & DELIVERY
4.1 Contractor shall perform site survey, installation, testing, and commissioning
4.2 Service delivery timeline shall not exceed 30 calendar days after award
4.3 Contractor shall clearly define:
➢ Demarcation point
➢ Network handoff specifications
➢ Power and space requirements
5.0 SUPPORT & INCIDENT MANAGEMENT
5.1 24x7x365 Network Operations Center (NOC) support
5.2 Fault reporting via phone and email
5.3 Escalation procedures up to Tier 3 engineering support
5.4 Proactive performance monitoring
6.0 SERVICE LEVEL AGREEMENT (SLA)
6.1 SLA Metrics
SLA Parameter Requirement
Service Availability ≥ 99.5% per month
Trouble Ticket Response Time ≤ 1 hour
SLA Parameter Requirement
Trouble Ticket Resolution ≤ 4 hours (Priority 1)
Performance Reporting Monthly
6.2 SLA Credits / Penalties
Failure to meet SLA requirements shall result in service credits, applied to the monthly invoice, as follows:
MRC = Monthly Recurring Charge
Service credits shall not limit the Government’s right to pursue other contractual remedies.
7.0 EVALUATION FACTORS
Proposals will be evaluated in accordance with FAR 15.304, using the following factors:
7.1 Technical Compliance (Most Important)
7.2 Past Performance
7.3 Service Reliability & SLA Strength
7.4 Price
Technical acceptability is a prerequisite for price evaluation
8.0 SPECIAL CONTRACT REQUIREMENTS
8.1 Contractor shall comply with all applicable FAR, HHSAR, and CDC IT security policies
8.2 Contractor personnel may be subject to background investigations
8.3 No subcontracting without Government approval
9.0 INSTRUCTIONS TO OFFERORS
L.4 Network Topology and ISP Classification Submission Requirement
Offerors must submit the following as part of the Technical Volume:
9.1 Network Topology Map
➢ Provided in diagrammatic form (PDF or equivalent)
➢ Clearly labeled and readable
➢ Demonstrates all primary and backup Internet access paths
SLA Violation Service Credit
Availability < 99.5% but ≥ 99.0% 5% of MRC
Availability < 99.0% but ≥ 98.0% 10% of MRC
Availability < 98.0% 20% of MRC
Repeated QoS violations (RTT, jitter, packet loss) 5% per occurrence
9.2 ISP Tier Classification Statement
➢ Explicit declaration of Tier 1 or Tier 2 status
➢ Description of backbone access strategy
➢ Identification of upstream providers, if applicable
The Government may use this information to assess:
➢ Network resilience and redundancy
➢ Risk of single points of failure
➢ Overall reliability of Internet backbone access
10.0 EVALUATION FACTORS (Add to Technical Factor)
Network Architecture and Backbone Access
The Government will evaluate the adequacy of the Offeror’s network topology and Internet backbone access, including:
➢ Completeness and clarity of the topology map
➢ Availability of redundant and diverse routing paths
➢ Dependence on upstream providers
➢ Provider Tier classification and associated risk profile
SECTION 2 - CONTRACT CLAUSES
52.204-25 PROBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (Nov 2021)
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company, Xiaomi or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part
774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;
or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of
Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the
Export Control Reform Act of 2018 ( 50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title50-section4817&num=0&edition=prelim a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August
13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of
Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);
brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
(NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449,
BLOCK 27A)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAR 2026)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (DEC 2023) (Section 1634 of Pub. L.
115-91).
https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23
(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:
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN
2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
(5) [Reserved].
(8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of
Division R of Pub. L. 117-328).
(9) 52.209-6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment or Voluntarily Excluded.
. (JAN 2025) ( 31 U.S.C. 6101 note).
(11) [Reserved].
(29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (MAR
2026) (E.O.13126).
(32)
(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(ii) Alternate I (JUL 2014) of 52.222-35.
(33)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title29-section793&num=0&edition=prelim
(ii) Alternate I (JUL 2014) of 52.222-36.
(34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (DEC 2010) (E.O. 13496).
(36)
(i) 52.222-50, Combating Trafficking in Persons (OCT 2025) ( 22 U.S.C. chapter 78 and E.O.
13627).
(ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(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.)
(51) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the
Treasury).
(58) 52.232-30, Installment Payments for Commercial Products and Commercial
Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT
2018) ( 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).
Alternate I (FEB 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and
(c) of this clause".
https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_232_30 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/3805 https://www.acquisition.gov/far/part-52#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section3332&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-12#FAR_12_301
Alternate II (Oct 2025). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs
(d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) ( 41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023) (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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN
2023) (Section 102 of Division R of Pub. L. 117-328).
(F) 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.
https://www.acquisition.gov/far/part-12#FAR_12_301 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-19#FAR_19_702 https://www.acquisition.gov/far/part-52#FAR_52_219_8
(G) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(H) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(I) 52.222-35, Equal Opportunity for Veterans (JAN 2020) ( 38 U.S.C. 4212).
(J) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) ( 29 U.S.C. 793).
(K) 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.
(L) 52.222-41, Service Contract Labor Standards (AUG
2018) ( 41 U.S.C. chapter 67).
(M) (1) 52.222-50, Combating Trafficking in Persons (OCT
2025) ( 22 U.S.C. chapter 78 and E.O 13627).
(2) Alternate I (MAR 2015) of 52.222-
50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(N) 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).
(O) 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).
(P) 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order
12989).
(Q) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
(R) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
(S) (1) 52.224-3, Privacy Training (JAN 2017) ( 5 U.S.C. 552a).
(2) Alternate I (OCT 2022) of 52.224-3.
(T) 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).
https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_51 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_53 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-52#FAR_52_222_55 https://www.acquisition.gov/far/part-52#FAR_52_222_62 https://www.acquisition.gov/far/part-52#FAR_52_224_3 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title5-section552a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_26
(U) 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.
(V) 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.
(W) 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.
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND
REPRESENTATIONS (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 https://www.acquisition.gov/far/part-52#FAR_52_226_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.acquisition.gov/far/part-52#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim
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 (JUN
2020), 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 https://www.irs.gov/w14 https://www.acquisition.gov/far/52.229-11#FAR_52_229_11 https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title26-section5000C&num=0&edition=prelim 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.
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
52.204-9 PERSOANAL IDENTITY VERIFICATION OF CONTRACTOR PERONNEL
(JAN 2011)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (COT 2018)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION
OF CONTRACT (FEB 2000)
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)
THE FOLLOWING FAR CLAUSE(S) IS/ARE INCLUDED 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 https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl
Officer may exercise the option by written notice to the Contractor within the performance period of the contract.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the
Contractor within the performance period of the contract 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 three years, including base and all options years.
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond June 30th
2026. 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 June 30th 2026, 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:
1) 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”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
(End of clause)
652.215-70 EXAMINATION OF RECORDS
(a) With respect to matters related to this contract or a subcontract hereunder, the Department of
State Office of the Inspector General, or an authorized representative, shall have upon request:
(1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law; and
(2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters.
(b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of…
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