19ES6026Q0012.pdf
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- Attached to
- PURCHASE OF (1) CARGO VAN
- Solicitation number
- 19ES6026Q0012
About this file
This is a Request for Quotation (RFQ) issued by the Embassy of the United States of America in El Salvador for the procurement of one cargo van. The RFQ number is 19ES6026Q0012, issued February 4, 2026, with quotations due by February 18, 2026 at 10:00 p.m. local time. The vehicle must be delivered within 90 days or less to San Salvador, El Salvador on a DDP (Delivered Duty Paid) basis. Award will be made to the lowest priced, acceptable, responsible quoter based on compliance with RFQ terms and FAR 9.1 responsibility criteria, including ability to meet performance schedules, satisfactory integrity and business ethics record, necessary organization and experience, required equipment and facilities, and eligibility under applicable laws and regulations.
The cargo van specifications require a single rear wheel, automatic transmission, rear-wheel drive configuration with V6 engine of at least 250 HP (gasoline or diesel), cargo volume of 452 cubic feet, minimum payload of 3,700 pounds, capacity for driver plus two passengers, 145-inch wheelbase, 72-inch interior cargo height, heavy-duty slip-resistant flooring, air conditioning, rear-view camera with blind spot monitoring, heavy-duty partition and alternator, and rear running boards. Quotations must include the completed SF-18 form and be submitted via email to RengifoJM@state.gov. A critical eligibility requirement mandates that vendors must be registered in the U.S. Government System for Award Management (SAM.gov) and provide their unique SAM number with their proposal, or they will not be eligible for award. Additionally, vendors must complete the NDAA 899(a)(1)(B) questionnaire regarding prohibited technologies. The RFQ incorporates numerous FAR clauses addressing telecommunications equipment restrictions, representations and certifications, small business programs, equal opportunity, labor standards, environmental requirements, and other federal acquisition regulations applicable to commercial item procurements.
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Text version
Embassy of the United States ofAmerica GSO/Procurement Ofifce o o
Jst^ C.
u
Antiguo Cuscatlan, February 4, 2026.
To: Prospective Quote
Subject; Request for Quotation No. 19ES6026Q0012
The Embassy of the United States of America has a requirement for a contractor to submit a quotation for the supply of(l) CARGO VAN as per described in Attachment A.
The Embassy plans to award a Purchase Order. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors regarding price quotations to be submitted.
The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any part of it.
Please read the RFQ carefully and if you are interested, submit your quotation via e-mail to
Ren»ifoJM@,state.gov, including the completed SF-18 by on or before 10:00 pm, local time, on February 18, 2026. No oral, partial, or late quotations will be accepted.
Sincerely, ‘^aditfL. J^iif len Contracting 0f icer
Enclosure: As Stated
SBU - CONTRACTING AND ACQUISITIONS
REQUEST FOR QUOTATIONS
(THIS ISNOT AN ORDER)
raS RFQ [ ] IS [X] IS NOT A SMALL BUSINESS-
SMALL PURCHASE SET-ASIDE (52.219-4)
PA )F PAGES
GE
I1
I. REQUEST NO.
19ES60-26-Q-0012
2. DATE ISSUED
02/04/2026
3. REQUISITION/PURCHASE REQUEST NO.
PR1S7426S3
A. CERT. FOR NAT. DEF. UNDER BDSA
REG. 2 AND/OR DMS REG. 1
RATING
6. DELIVER BY (Z)fl/<-;General Services Office, American Embassy, Blvd. y Urb. Santa Elena, Antiguo Cuscatlan, El Salvador
5A. ISSUED BY
5B. FOR INFORMATION CALL: Q^ame and telephone no.) (Ro collect calls 7. DELIVERY
FOB DESTINATION X OTHERNAME TELEPHONE NUMBER
AREA CODE NUMBER
2501-2462Janina de Rengifo RengifoJM@state.gov 503
8. TO: 9. DESTINATION
a. NAME b. COMPANY a. NAME OF CONSIGNEE
AMERICAN EMBASSY
c. STREET ADDRESS b. STREET ADDRESS
Blvd. V Uib. Santa Elena, Ant. Cuscatlan
c. CITY
El Salvador
d. CITY e. STATE f. ZIP CODE
d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5A ON OR
BEFORE CLOSE OF BUSINESS (Date)
February 18,2026 at 10:00 a.m.
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter
11. SCHEDULE (Include applicable Federal. State and local taxes)
ITEM SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NO.
(b) (d) (f)(e)(c) la)
1 CARGO VAN uss US$EA1
* AS PER ATTACHED SCOPE OF WORK *
LATE QUOTATIONS WILL NOT BE CONSIDERED
USS
b. 20 6CALENDAR
DAYS
d. CALENDAR DAYSa. 10 CALENDAR DAYS c. 30 CALENDAR
DAYS12 DISCOUNT FOR PROMPT PAYMENT
% NUMBER %
NOTE: Additional provisions and representations [] are [ .\ ] are not attached.
15 DATE OF QUOTATION13 NAME AND ADDRESS OF QUOTER 14 SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS 16. SIGNER
b. TELEPHONEa. NAME (Type or print)c. COUNTY
c. TITLE (Type or print) AREA CODEd. CITY e. STATE f. ZIP CODE
NUMBER
STANDARD FORM 18
Attachment A
SCOPE OF WORK
Cargo Van (1)
Single Rear Wheel Automatic transmission
Rear wheel drive
No windows in cargo area Wlieelbase; 145 inches
Interior Cargo height 72
V6 engine at least 250HP (gasoline or diesel) Cargo volume 452 cu/ft
Minimum Payload: 3700 lbs
Capacity for driver + 2 passengers Heavy-duty slip-resistant cargo flooring.
Air Conditioner
Rear-View camera and Blind Spot Monitoring
Heavy-duty partition.
Heavy-duty alternator included.
Rear running boards.
Delivery (DDP) 90 days or less to San Salvador, El Salvador, Central America.
IMPORTANT NOTE: In order to be eligiblefor award, vendors must be registered in the US Government Systemfor Award Management (SAM.gov).
httDs://sam,gov/content/home
Ifyou are not registered in SAM, you will not be eligible for award. You must provide your UNIQUE number with your proposal and evidence that you are registered in SAM.
In the framework of the National Defense Authorization Act (NDAA) 899(a)(1)(B) which now governs all US Government procurements, to do business with your company we need you to answer the questions regarding use of technologies in the link below:
Cuestioiiario ND.AA- tecnologias nrohibidas
EVALUATION FACTORS;
Award will be made to the lowest priced, acceptable, responsible quoter.
The Government will determine acceptability by assessing the offeror's compliance with the terms of the RFQ. The Government will determine responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including;
● ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments.
● satisfactory record of integrity and business ethics.
● necessary organization, experience, and skills or the ability to obtain them.
● necessary equipment and facilities or the ability to obtain them; and
● otherwise, qualified and eligible to receive an award under applicable laws and regulations.
CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE
AGREEMENTS AWARDED BY OVERSEAS CONTRACTING ACTIVITIES
(Current thru FAC 2022-05, effective 03/2022)
COMMERCIAL ITEMS
52.2522CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
Tliis purchase order or BPA incorporates the following clauses by reference, \\ ith the same force and effect as if the\' were given in fiill text. Upon request, the Contracting Officer will make their full text available. Also, the fiill text of a clause may be accessed clcctronicalh- at this address; Acquisition.gov this address is subject to change.
DOSAR clauses may be accessed at: https://acquisition.gov/dosar
FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:
DATETITLENUMBER
OCT 2018SYSTEM FOR AWARD MANAGEMENT52.204-7
PERSONAL IDENTITY VERIFICATION OF
CONTRACTOR PERSONNEL
JAN 201152.204-9
OCT 2018SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
52.204-13
COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING
AUG 202052.204-16
AUG 2020COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
52.204-18
NOV 2021CONTRACT TERMS AND CONDITIONS—
COMMERCIAL ITEMS
52.212-4
AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED
ITEMS IN SERVICE AND CONSTRUCTION
CONTRACTS
AUG 201852.223-17
CONTRACTOR PERSONNEL IN A DIPLOMATIC OR
CONSULAR MISSION OUTSIDE THE UNITED STATES
MAY 202052.225-19
COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 200752.227-19
WORKERS COMPENSATION INSURANCE JUL201452.228-3
WORKERS' COMPENSATION AND WAR-HAZARD
INSURANCE
APR 198452.228-4
SUBCONTRACTS FOR COMMERCIAL ITEMS JAN 202252.244-6
NOV 2021REPORTING NONCONFORMING ITEMS52.246-26
The following clauses are provided in full text:
REPRESENTATION REGARDING CERTAIN52.204-24
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 perfomiance of any contract, subcontract. or other contractual instalment" 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 or Commercial Services.
Tlie 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 an\ 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 inquir\-. 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) Prohihilion.
(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 an>- system, or as critical technology as part of any sy stem. Nothing in the prohibition shall be constmed to—
(i) Prohibit the head of an executive agenc>- from procuring with an entit>-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 visibilit\- into any user data or packets that such equipment transmits or otherw ise 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 entih- 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 technolog)^ as part of any system. This prohibition applies to the use of covered telecommunications equipment or serxdces , 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 agenev' from procuring \s ith an entity to provide a service that connects to the facilities of a third-part>', such as backhaul, roaming , or interconnection arrangements : or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibilih- into an>- user data or packets that such equipment transmits or othcrw ise handles,
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:/Av\\vv.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services
(d) Represeniaiion. Tlie 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 tliis solicitation . Tlie 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 inquiiy , for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or ser\dces , or use any equipment, s\ stem, 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 entit\' that produced the covered telecommunications equipment (include entity name, unique entity identifier. CAGE code, and whether the entit>' 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 an>' factors relevant to determining if such use would be pemiissible 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 cntit>- that produced the covered telecommunications equipment (include entity name, unique entit>' identifier, CAGE code, and whether the entit>- w as 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 an\' factors relevant to determining if such use would be pemiissible 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 oifered (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 telecommunication s services and any factors relevant to detemiining if such use would be permissible under the prohibition in paragraph
(b)(2) of this provision.
(End of provision)
PROHIBITION ON CONTRACTING FOR CERTAIN52.204-25
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (NOV 2021)
(a) Definitions. As used in tliis clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (t?.g., fiber optic, coaxial cable, Ethernet).
Covered foreign countiy means Tlie People's Republic of China.
Covered telecommunications equipment or services means-
(1) Telecommunications equipment produced b\’ Huawei Technologies Compan>’ or
ZTE Corporation (or any subsidiaiy 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 an>’ subsidiaiy or affiliate of such entities):
(3) Telecommunications or video surveillance services provided b\’ such entities or using such equipment: or
(4) Telecommunications or video surveillance equipment or services produced or provided b\ an entity that the Secretaiy of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonabh' believes to be an entit>- owned or controlled b>-, or otherwise connected to, the government of a covered foreign countiy .
Critical technology means-
(1) Defense articles or defense sendees included on the United States Munitions List set forth in the International Traffic in Amis 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 tlie 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 tcchnolog\’ covered b>- part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energ>- 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 Rcfomi 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 infomiation resources.
Reasonable inquir\- means an inquir>- designed to uncover any infomiation in the entih 's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entit>- that excludes the need to include an internal or third-part>' audit.
Roaming means cellular communications ser\'ices (c.^., 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 iveak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or pcrfomiance 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, s> stem, 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 s> stem. 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 an>- 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 agenc>- on or after
August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entit\- that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of an\’ 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. Tliis prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in pcrfomiance of work under a Federal contract,
(c) Exceptions. Tliis clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-part\\ such as backhaul. roaming . or interconnection arrangements : or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibiliU’ into any user data or packets that such equipment transmits or othenvise 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 an\’ other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract arc established procedures for reporting the infomiation : in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite deliveiy contracts, the Contractor shall report to the Contracting Officer for the indefinite dclivcr\- contract and the Contracting Officer (s) for an\’ affected order or, in the case of the Department of Defense, identiffi botli the indefinite deliveiy contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the follow ing information pursuant to paragraph (d)(1) of this clause
(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 entit>-identifier (if know n): 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 da\ s 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 ser\dces.
(e) Subcontracts. Tlie Contractor shall insert the substance of this clause, including this paragraph (c) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial ser\dces.
(End of clause)
COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (OCT 2020)
52.204-26
(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. Tlic 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) Represenlalions. (1) Tlic Offeror represents that it | | does, 1 | 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 instalment.
(2) After conducting a reasonable inquir\- 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.
(End of provision)
OFFEROR REPRESENTATIONS AND CERTIFICATIONS-52,212-3
COMMERCIAL ITEMS (NOV 2020
Tlie 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 ://w^w.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.
EconomicalK' disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned b>-.
and the management and daily business operations of which are controlled b>-, one or more women who are citizens of the United States and who arc economically disadvantaged in accordance with 13 CFR part 127. 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 an\’ penalty for its nonperformance and for which the worker does not offer himself voluntarily: or
(2) Pcrfomied b>- 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 entiU' tliat 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, Cmdc Grades of Plant Materials:
(6) PSC 9430. Miscellaneous Crude Animal Products , Inedible:
(7) PSC 9440. Miscellaneous Crude Agricultural and Forestr\- 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 inquir\- 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 militaiy 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 temi 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 tlie regional government of southern Sudan:
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets
Control in the Department of the Treasuiy, 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 serv ices that are used only to promote health or education; or
(6) Have been voluntarily suspended."Sensitive technology "— Sensitive technology —
(I) Means hardware, software, telecommunications equipment, or any other technology that is to be used specificalh’—
(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 infomiation or informational materials the export of wiiich 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 concern —
(I) Means a small business concern —
(i) Not less than 51 percent of which is owned 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 w hich is owned by one or more service-disabled veterans; and
(ii) Tlie management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with pemianent and severe disability, the spouse or pcmianent caregiver of such veteran.
(2) Serv'ice-disablcd veteran means a veteran, as defined in 38 U.S.C. 101(2). with a disability that is scr\4ce connected, as defined in 38 U.S.C. 101(16).
Small business concern —
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13CFRpart 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 part>- or parties control or have the power to control the others. In detemiining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA detemiines affiliation based on the factors set forth at 13CFR 121.103.
Small disadvantaged business concern , consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition , that—
(1) Is at least 51 percent unconditional ly 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 $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2): and
(2) Tlie management and daily business operations of which are controlled (as defined at 13,CFR 124.106) by individuals, who meet the criteria in paragraphs (l)(i) and (ii) of this definition , Subsidiary means an entity in which more than 50 percent of the entiU’ is owned—
(1) Directly by a parent corporation: or
(2) Through another subsidiaiy of a parent corporation
Successor means an entity that has replaced a predecessor b>- acquiring tlic assets and cariying out the affairs of the predecessor under a new name (often through acquisition or merger). Tlie term "successor" does not include new offices/divisions of the same company or a company- that only changes its name. Tlie extent of the responsibility of the successor for the liabilities of the predecessor may vaiy, 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 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 b\- one or more veterans: and
(2) Tlie management and daih’ business operations of ^\hich are controlled b\’ one or more veterans.
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, Women-owned small business concern means a small business concern —
(1) That is at least 51 percent owned b>- one or more women: or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women: and
(2) Whose management and daily business operations arc controlled by one or more women.
(b)
(1) Annual Represeniaiions and Cerliifcalions. 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:/A\^v\v.sam.gov. After reviewing SAM infomiation . the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3. Offeror Representations and Ccrtifications-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 completedfor the purposes of this solicitation only, if any.
These amended representation(s) and or certiifcation(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 certiifcations posted electronically on SAM. \
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas . Check all that apply.
(1) Small business concern . The offeror represents as part of its offer that it o is, □ is not a small business concern .
(2) Veteran-owned small business concern . \Complete only if the offeror represented itselfas 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) Service-disabled veteran-owned small business concern . [Complete only if the offeror represented itselfas a veteran-owned small business concern in paragraph (c)(2) of this provision. \ The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern .
(4) 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 m 13 CFRI24.1002.
(5) 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 .
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.) The offeror represents that-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repositoiy, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a Joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each
WOSB concern eligible under the WOSB Program participating in the Joint venture.
[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the Joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the Joint venture shall submit a separate signed cop>- of the WOSB representation.
(7) Economically disadvantaged womcn-owned small business (EDWOSB) concern .
[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] Tlie offeror represents that-
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repositor\-, and no change in circumstances or adverse decisions have been issued that affects its eligibility: and
(ii) It □ is, c is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture, \ The offeror shall enter the name or names ofthe EDWOSB concern and other small businesses that are participating in the joint venture:
a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold .
(8) Women-ownedbusiness concern (other than small business concern ). \Complete only if the offeror is a women-owned business concern and did not represent itselfas a small business concern in paragraph (c)(1) of this provision) The offeror represents that it □ is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price;
(10) HUBZone small business concern . \Complete only ifthe offeror represented itselfas a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-
(i) It □ is, □ is not a HUBZone small business concern listed, on the date ofthis representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126: and
(ii) It □ is, □ is not a HUBZone Joint venture that complies w ith the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. |The offeror shall enter the names of each of the HUBZone small business concerns
.| Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed cop>- of the HUBZone representation,
(d) Representations required to implement provisions of Executive Orderl 1246-
.] Each EDWOSB concern participating in the joint venture shall submit participating in the HUBZone joint venture:
(I) Previous contracts and compliance. The offeror represents that-
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation : and
(ii) It □ has, □ has not filed all required compliance reports.
(2) Affirmative Action Compliance. Tlie offeror represents that-
(i) It □ has developed and has on file, □ has not developed and does not have on flic, at each establishment, affirmative action programs required by rules and regulations of the Secretaty of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary' of Labor,
(e) Certiifcation Regarding Payments to Influence Federal Transactions
(31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed
$150,000.) By submission of its offer. the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to an>- person for influeneing or attempting to influence an officer or emplo\ ee of any agenc\-, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobby ing Disclosure Aet of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer. 0MB Standard Fomi LLL. Disclosure of Lobbying Activities, to provide the name of the registrants. Tlie offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made .
(f) Buy American Ceriiifcate. (Applies only if the clause at
Federal Acquisition Regulation (FAR) 52.225-1. Buy American-Supplies, is included in this solicitation .)
(1)
(i) The Offeror certifies that each end product. except those listed in paragraph (f)(2) of this provision, is a domestic end product.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify’ as domestic end products .
(iii) The terms "domestic end product"end product," "foreign end productand "United States " are defined in the clause of this solicitation entitled "Buv American-
Supplies .
(2) Foreign End Products :
Line Item No. Country of Origin
\Lisl as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g)
{\) Buy American-Free Trade Agreements-lsraeii Trade Act Certificate. (Applies only if the clause at FAR 52.225-3. Buy American-Free Trade Agreements-Israe li Trade Act. is included in this solicitation .)
(i)
(A) The Offeror certifies that each end product. except those listed in paragraph (g)(l)(ii) or
(iii) of tliis provision, is a domestic end product.
(B) Tlic terms "Bahrainian, Moroccan, Omani, Panamanian, or Pemvian end product"domestic end product," "end product," "foreign end product," "Free Trade Agreement countiy'," "Free Trade Agreement countiy- end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Aet."
(ii) Tlie Offeror certifies that the following supplies are Free Trade Agreement countiy end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agrecmcnts-lsraeli Trade Act."
Free Trade Agreement Countiy End Products (Other than Bahrainian. Moroccan, Omani, Panamanian, or Peruvian End Products ) or Israeli End Products ;
Country of OriginLine Item No.
[List as necessary\
(iii) The Offeror shall list those supplies that arc foreign end products (other than those listed in paragraph (g)(l)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreemcnts-Israeli Trade Act."
Tlie Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
Other Foreign End Products :
Country of OriginLine Item No.
[List as nccessarv'l
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(2) Buy American-Free Trade Agreemenis-lsrae/i Trade Ad Certificate. Alternate 1.
If Alternate I to the clause at FAR 52,225-3 is included in this solicitation , substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:
(g)(l)(ii) Tlie offeror certifies that the following supplies arc Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreemcnts- Israeli Trade Act":
Canadian End Products:
Line Item No.
\Lisl as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Ad Certificate, Alternate IT If Alternate II to the clause at FAR 52.225~3 is included in this solicitation , substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:
(g)(l)(ii) The offeror certifies that the following supplies are Canadian end products or
Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of Origin
\List as necessary]
(4) Buy American-Free Trade Agreements-Israeli Trade Act Certiifcate. Alternate III.
If Alternate III to the clause at 52.225-3 is included in this solicitation. substitute the following paragraph (g)(l)(ii) for paragraph (g)(l)(ii) of the basic provision:
(g)(l)(ii) The offeror certifies that the following supplies are Free Trade Agreement countiy- end products (other than Balirainian, Korean, Moroccan. Omani, Panamanian, or
Penivian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Free Trade Agreement Countiy End Products (Other than Balirainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products ) or Israeli End Products :
Line Item No. Country of Origin
Country of OriginLine Item No.
\List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5. Trade
Agreements, is included in this solicitation .)
(i) Tlie offeror certifies that each end product, except those listed in paragraph
(g)(5)(ii) of this provision, is a U.S.-made or designated countiy end product, as defined in the clause of this solicitation entitled "Trade Agreements,"
(ii) Tlie offeror shall list as other end products those end products that are not U.S.-made or designated countiy end products .
Other End Products :
Country of OriginLine Item No.
\lJst as necessary]
(iii) Tlie Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by tlie WTO GPA, the Government will evaluate offers of U.S.-made or designated countiy end products without regard to the restrictions of the Bii\- American statute. The Government will consider for award only offers of U.S.-made or designated countiy end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products arc insufficient to fulfill the requirements of the solicitation .
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies onl>- if the contract value is expected to exceed the simplified acquisition threshold .)
Tlie offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-
(1) □ Arc, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency :
(2) □ Have, □ have not, within a three-> ear period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection w ith obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitmst statutes relating to the submission of offers; or commission of embezzlement, theft, forgeiy, bribeiy, falsification or destmetion of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property ;
(3) □ Are, □ arc not presently indicted for, or otherwise criminally or civilly charged b\' a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause: and
(4) D Have, □ have not, within a three-year period preceding this offer, been notified of an\ delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liabiliU’ remains unsatisfied,
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finalK’ detemiined if it has been assessed. A liabilit\- is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability', the liability is not finalh' detemiined until all Judicial appeal rights have been e.xhausted.
(B) The taxpayer is delincjiient in making payment. A taxpa\ er is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases w'here enforced collection action is precluded,
(ii) Examples.
(A) The taxpayer has received a statutor\-…
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