W91QVN-25-R-0002.pdf

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2025 KOREA WAGE SURVEY
Solicitation number
W91QVN25R0002
Issued by

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This document is a solicitation for a 2025 Korea Wage and Benefits Survey. The contractor shall provide comprehensive compensation and fringe benefits data from at least 30 companies across the Republic of Korea, covering key jobs that match those used by the U.S. Forces Korea. The survey must include data on base pay, bonuses, allowances, non-cash benefits, and employment practices. The performance period is from December 2, 2024 to March 7, 2025, with the final report due on March 7, 2025. The solicitation is issued by the 411th Contracting Support Brigade, Korea. It is a fixed-price contract, and the pricing must be provided in Korean won. The solicitation notes that funds are not currently available, so no award will be made until appropriated funds are provided.

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SEE ADDENDUM

(No Collect Calls)

W91QVN25R0002 04-Oct-2024

b. TELEPHONE NUMBER

315-755-3356

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 04 Nov 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91QVN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MR. YI, IN U

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

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0012181943

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

HUMPHREYS CONTRACTING DIVISION

UNIT 15289

APO AP 96271-5584

UNITED STATES

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W56P0F 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

HHBN, EIGHTH ARMY

0000 HQ HHB HQ AND HQ BN EI

0194 DSSB CO A SRA

BLDG P6953 CAMP HUMPHREYS

PYEONGTAEK 17977

TEL: 011-82-53-470-65 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$29,000,000

NAICS:

541612

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF52

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W91QVN25R0002

Section SF 1449 - CONTINUATION SHEET

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Appendix A Attachment 2 Appendix B

GENERAL INFORMATION

All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA) does not permit the U.S. Government to grant Invited Contractor or Technical Representative Status to any offeror for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea must submit adequate verification in its initial proposal or quote that it has the requisite business licenses directly from the ROK Government to perform the contract and the capacity to conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. If the initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror demonstrates this authorization and capacity shall be determined by the Contracting Officer.

Proposed price shall be provided by local currency (Korean Won).

SUBJECT TO THE AVAILABILITY OF FUNDS (SAF)

FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS ACQUISITION. NO CONTRACT AWARD WILL

BE MADE UNTIL APPROPRIATED FUNDS ARE MADE AVAILABLE.

PWS

PERFORMANCE WORK STATEMENT (PWS)

U.S. FORCES 2025 KOREA WAGE SURVEY

1. GENERAL. The contractor shall provide comprehensive compensation and fringe benefits and employment practices data from companies across the Republic of Korea (ROK) by specified survey jobs.

2. PERIOD OF PERFORMANCE (POP). 2 December 2024 to 7 March 2025.

Electronic transmission of the report in combination of excel and word format shall be accomplished on 7 March 2025.

3. SURVEY COVERAGE

a. The report shall include survey data from not less than 30 companies in the ROK, including ROK government agencies or government invested companies. At least 5 companies/stores in retail, catering and hospitality sector and at least one in each of the retail, catering and hospitality sector must be included in the minimum 30 companies surveyed.

b. Each survey company shall have at least a total of 100 employees, except that the catering and retail sector companies shall have a minimum of 20 employees.

c. The report shall provide survey data on at least 30 matching jobs with the USFK KGS key jobs and at least 30 matching jobs with the USFK KWB key jobs.

Note: To the extent practicable, numbers of companies and samples shall be maximized. To the extent practicable, companies in Appendix A shall be included.

Particular emphases shall be placed upon timeliness and amount of data collected as a part of the most recent available database, especially for the retail and catering sectors and for manual jobs in all economic sectors from throughout the Republic of Korea. For companies common to the previous full scale survey in 2022 (Appendix A), differences in the numbers and types of jobs matched will be explained when requested.

4. INDUSTRY SAMPLE. The report shall include tables to show the distribution of the number of companies by number of employees, revenue and economic sector for both overall and survey jobs.

5. COMPENSATION DATA. For the U.S. Forces jobs listed and described in Appendix B of this PWS, compensation data shall be provided to include the following data elements:

a. U.S. Forces job number and your company's survey job code or designator.

b. U.S. Forces job title and your company job title

c. U.S. Forces pay plan (KGS or KWB) and any similar designator used by your company.

d. U.S. Forces numeric grade (x value) and same assigned by your company if numeric grades are used (do not report ranges).

e. Total number of individual employees (f value) in the matching job.

f. Total number of companies reporting the job.

g. Weighted average (arithmetic mean) hours worked per week.

h. Weighted average (arithmetic mean or x value) compensation in Korean Won (₩) currency for each U. S. Forces survey key job as follows (Please factor in the "zeroes" for companies which do not provide the compensation):

(1) Base pay per month

(2) Bonus per annum – separately list all bonuses reported survey-wide (normally calculated as a percentage of monthly base pay)

(3) Cash allowances per month (all) – separately list all cash allowances reported survey-wide. For example, banking/cash, cost of living, duty/skill, family, hazard, license, longevity, special, performance, physical training, responsibility, service charge, site, subsistence, quality control, welfare, vehicle maintenance, self- development, utilities, and any other cash allowances provided to employees. If allowances for meals and transportation are paid in cash in lieu of payments-in-kind, please do not include those cash allowances in this subparagraph 5h(3), but include them in subparagraph 5h(4) below.

(4) Cash value of non-cash payments-in-kind per annum - separately list cash value of all non-cash payments-in-kind. For example, housing, meal, uniform, transportation, company product, gifts, and any other non-cash payments-in-kind provided to employees. For the following jobs, please exclude the cash value of uniforms/work clothes.

Job Number Job Title

3 Food Service Worker (B) 5 Waiter/Waitress 7 Cook, Junior 10 Waiter, Leader 11 Bartender, Junior 14 Bartender 18 Cook 21 Baker 41 Chef 103 Guard 104 Sales Store Checker 110 Sales Store Clerk 116 Guard Supervisor (CPL)

(5) Total cash and non-cash compensation per annum

(6) The foregoing (1) through (5) reported separately by the following economic sectors:

(a) Retail (predominantly "white collar" positions)

(b) Catering/hostelry (predominantly "blue collar" jobs at restaurants and hotels)

(c) All other sectors combined, excluding (a) and (b) above

(d) All the KWB positions

(e) All the KGS positions

(f) All the sectors combined

6. BENEFITS. For the benefits listed below, the contractor shall compute a prevailing practice where one exists; otherwise an average practice is acceptable. For each of the following benefits or practices, (i) percentage/average of survey companies’ utilizing the benefits or practices, and (ii) survey companies’ total employee population weighted percentage/average, which factors in the "zeroes" – i.e. companies which do not provide the practice - shall be provided. Report only those practices/amounts which are separate from the compensation data requested in paragraph 5 above.

a. Normal weekly work hours (non-overtime) by category (Retail, Catering, all others combined)

(1) Average weekly work hours.

(2) Weighted average (by employee population) weekly work hours.

b. Allowance for one day off per week (called Juhyu Soodang (주휴수당) in Korean)

(1) Is the allowance for one day off per week included in the regular pay or is it paid as a separate allowance item?

(2) If it is paid as a separate allowance item, how is it calculated?

(a) Fixed amount per pay period

(b) Hourly rate times number of hours during a pay period, e.g., a month

c. Leave (including monthly, annual and vacation) - weighted average (by employee population) accumulated total number of leave days for 30 years’ service

d. Paid holidays (except for “Juhyuil”)

(1) Name of holidays and the number of paid days off for each holiday (simple average and weighted average (by employee population))

(2) Weighted average (by employee population) number of days off per year

e. Family events

(1) Whether paid days off and/or cash payments are provided for the following family events (percentage and weighted percentage shall be provided):

(a) 60th Birthday: parents, spouse’s parents, employee, spouse

(b) 70th Birthday: parents, spouse’s parents

(c) 80th Birthday: parents, spouse’s parents

(d) Childbirth

(e) Funeral: spouse, parents, parents-in-law, grandparents, grandparents-in-law, children, siblings, siblings’ spouse, spouse’s siblings, spouse’s siblings’ spouse, parents’ siblings, parents’ siblings’ spouse

(f) List all the other family events for which paid days off and/or cash payments are provided.

(2) Weighted average (by employee population) number of paid days off for each of the above family event

(3) If cash payment is provided for family events, the weighted average amount of cash payment for each event

(4) Per-employee weighted average cost of providing cash payments per year.

f. Condolence payment

(1) Whether a condolence payment is made to the family of a deceased employee

(a) Percentage of companies (unweighted) providing condolence payment

(b) Weighted percentage (by employee population)

(2) Weighted average amount of condolence payment (weighted by employee population)

g. Long Term Service Recognition

(1) Whether cash payment and/or gift is provided in recognition of long-term service

(a) Percentage of companies providing cash payment and/or gift

(2) Weighted average cash amount and cash value of gift provided for 5, 10, 15, 20, 25, 30, 35, 40, 45 and 50 years of service

(3) Weighted average (by employee population) accumulated cash amount and cash value of gifts provided to an employee who has 30 years of service.

(4) Weighted average days off provided in recognition of 5, 10, 15, 20, 25, 30, 35, 40, and 50 years of service

(5) Weighted average (by employee population) accumulated days off provided in recognition of long-term service to an employee who has 30 years of service

h. Dependent tuition assistance program

(1) Whether companies have dependents’ tuition assistance program

(a) Percentage of companies having tuition assistance program

(2) Whether regular part time employees are eligible for dependents' tuition assistance?

(3) If part-time employees are eligible for dependents’ tuition assistance, whether they receive the same amount of tuition assistance or different (i.e., prorated) amount of tuition assistance.

(4) Percentage of companies and weighted percentage (by employee population) providing tuition assistance for the following schools or course levels:

(a) Middle school

(b) High school

(c) Undergraduate college/university

(5) Whether a tuition assistance is provided to students attending alternative schools instead of regular middle schools or high schools.

(6) Whether a fixed amount of tuition assistance is provided for each school level, or tuition assistance is provided based on actual expenses shown on a receipt

(a) Percentage of companies and weighted percentage (by employee population) providing a fixed amount regardless of actual expenses

(i) Weighted average fixed amount per year for each school level

(b) Percentage of companies and weighted percentage (by employee population) providing tuition assistance based on actual expenses shown on a receipt

(i) Whether there is a limit on the maximum amount

(ii) If there is a maximum limit, the weighted average maximum payable amounts for each school level

i. Medical check-up (other than National Health Insurance Program under the ROK law)

(1) Whether companies provide supplemental annual medical check-up (e.g., annual medical check-up service or expenses) to employees

(a) Percentage of companies providing medical checkup

(2) Weighted average maximum annual coverage amount or per-employee weighted average cost per year

j. Other benefits – workshop, company picnic, company party, sports activities/recreation, and any other benefits provided to employees and not listed above.

- Per-employee average hourly cost of providing per year.

k. Compensation for standby duty.

(1) Whether there are employees who are regularly required to remain at an employer-designated duty location after regularly scheduled duty hours and to be in a status of readiness to perform work upon calls or alarms.

(2) If yes to (1), list positions that the standby duty is required.

(3) Whether compensation is made for the standby duty.

(4) If yes to (3), how the payment is made, e.g., hourly rate, fixed amount per day, etc., and the weighted average amount of compensation.

l. Compensation for on-call status. (A separate reporting for health care personnel in a minimum of 3 surveyed hospitals/ medical facilities comparable to the US army hospital, is required.)

(1) Whether there are employees who are required to carry an electronic device for the purpose of being contacted and be available to perform work upon calls or alarms after regularly scheduled duty hours. They are not required to be in an employer-designated duty location but may be required to remain within a reasonable call-back radius.

(2) If yes to (1), list positions that the on-call status is required.

(3) Whether compensation is made for the on-call status.

(4) If yes to (3), how the payment is made, e.g., hourly rate, fixed amount per day, etc., and the weighted average amount of compensation.

7. EMPLOYMENT PRACTICES. The contractor shall provide each survey company’s practice on the following items and a prevailing practice where one exists.

a. Within grade step structure & number of steps

(1) Number of within grade steps

(2) Waiting periods for step increases

(3) Wage differences between steps

(4) Wage differences between the lowest and the highest steps

b. Employees Union

(1) Whether the company has unionized workers

(2) Whether the company provides paid time for union training event

(3) If yes to (2), the number of hours

(4) Whether the company provides paid time to elected union officials

(5) If yes to (4), the number of hours

8. PRIME CONTRACTOR’S QUALIFICATION

The prime contractor shall have at least one (1) year of experience in Human Resources Consulting or Research Business in Korea.

9. The contractor shall provide a quality control plan (QCP) within 7 days after contract award.

10. The contractor shall develop survey questionnaires within the first 2 weeks of the POP to collect compensation, benefits and employment practices data listed in the above paragraphs 5 through 7 and obtain COR’s acceptance prior to the data collection.

11. The contractor shall provide a survey schedule within the first 2 weeks of the POP and a weekly schedule on Mondays of each week and also a weekly report for compensation Data, Benefits Data and Employment Practices (Para. 5, 6 and 7 of the PWS) for the previous week showing the performance of services provided measured against the weekly schedule.

12. The contractor shall not release any information or data compiled in the performance of this contract to anyone outside the US Government without the express written permission of COR.

13. Performance Requirement Summary: The specific performance requirements listed in paragraph 5, 6 & 7 of the PWS will be evaluated in accordance with the performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level

(AQL).

Performance Requirement Summary (PRS) Table

Performance Requirements/PWS para.

Standard

Acceptable Quality Level

Method of Surveillance

Remedy of Failure/Incentive

Para 5, Compensation Data

Weekly report shall conform to the weekly plan.

90% 100% Inspection of weekly report

Re-performance within 5 days of notification from the COR Final report shall be 99% accurate.

Accurate= All data elements included.

99% 100% Inspection of final report

Re-performance within 5 days of notification from the COR/Satisfactory

Ratings on the performance

Para 6, Benefits

Data Weekly report weekly report

Re-performance within 5 days of notification from the COR

Final report shall be 99% accurate.

Accurate= All data elements included.

99% 100% Inspection of final report

Re-performance within 5 days of notification from the COR/Satisfactory

Para 7, Employment

Practices Weekly report weekly report

Re-performance within 5 days of notification from the COR Final report shall be 99% accurate.

Accurate= All data elements included.

99% 100% Inspection of final report

Re-performance within 5 days of notification from the COR/Satisfactory

14. ATTACHMENTS.

ATTACHMENT 1: Appendix A (COMPANY LIST) ATTACHMENT 2: Appendix B (KEY JOB LIST)

15. CONTRACTOR MANPOWER REPORTING (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the PM and repair of FSE via a secure data collection site. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2022. The Contractors must be registered in SAM (https://www.sam.gov) and the user responsible for reporting must have an individual user account with the Service Contract Inventory (SCI) Reporter user role to access reporting functionality. Contractors manage their own roles in SAM. Each registered contractor has at least one user with the Entity Administrator role; these users are able to assign the SCI Reporter role to other users in their organization. Deployment DoD Guidebook for Service Contract Reporting in the SAM, available on the DoD Procurement Toolbox at https://dodprocurementtoolbox.com/site-pages/service-contract-reporting-scr

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job FY25 Wage and Benefits Data

FFP

The contractor shall provide all labor, tools, transportation, personnel, supervision and others as necessary to perform FY25 Korea wage and benefits survey in accordance with Performance Work Statement (PWS) herein.

FOB: Destination

PURCHASE REQUEST NUMBER: 0012181943

PSC CD: R499

NET AMT

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.215-7008 Only One Offer DEC 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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 a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(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. 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. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in…

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