RFQ 19H08026Q0060 - Base Vests.pdf

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Protective Vests for the U. S. Embassy in Tegucigalpa
Solicitation number
19H08026Q0060
Issued by

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RFQ Summary

This is a Request for Quotation (RFQ) issued by the Embassy of the United States of America in Honduras for the provision of tactical vests and related equipment. The RFQ number is PR16160006/19H08026Q0060, with an issue date of August 28, 2026.

Required Products and Quantities

The solicitation requires four line items: 27 male LVS (Low-Vis) Base Vests in assorted sizes (5 Small, 6 Medium, 5 Large, 9 Extra Large, 1 2X, 1 3X); 13 female LVS Base Vests (2 Small, 5 Medium, 4 Large, 0 Extra Large, 2 2X, 0 3X); 40 LVS Covert Covers; and shipping costs to the INL Embassy Warehouse in Tegucigalpa, Honduras. The male and female base vests feature 3D-formed armor panels, two built-in tactical pockets, anti-microbial fabrics, and adjustable elastic straps. The Covert Cover variant accepts rifle plates while maintaining a low profile. All items must be new condition, clean, and in normal operating ranges.

Contract Terms and Delivery

This is a Firm Fixed-Price (FFP) purchase order covering all direct and indirect costs, profit, shipping, export requirements, and insurance with no post-award price adjustments. Delivery must occur within 30 calendar days from award notification to the specified warehouse location. Value Added Tax (VAT) does not apply due to U.S. Embassy tax exemption. The contractor must comply with U.S. Export Administration regulations, obtain all necessary export licenses, and arrange customs clearance. A minimum one-year manufacturer warranty is required, along with valid international warranty coverage. The offer validity period is 90 days from submission. Quotations must include unit and extended pricing, delivery dates, technical specification sheets, SAM registration confirmation, completed FAR certifications, and past performance references (limited to five contracts within the previous two years). Award will be made to the Lowest Priced-Technically Acceptable (LPTA) responsive quotation, with the government reserving the right to reject incomplete or non-compliant bids. The government will evaluate delivery timeframes and technical specifications to determine contractor capability to satisfactorily complete the requirements.

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SBU - CONTRACTING AND ACQUISITIONS

EMBASSY OF THE UNITED STATES OF AMERICA

RFQ NUMBER PR16160006/19H08026Q0060

Base Vests

Date Issued: 8/28/2026

SECTION 1 - THE SCHEDULE

The Embassy of the United States of America in Honduras requires a

Company to provide the products as stated in the description below:

Line Item Description Quantity Unit Price Total

1 [Brand name or equal to] LVS Base Vest -

Male 27 $ $

2 [Brand name or equal to] LVS Base Vest -

Female 13 $ $

3 [Brand name or equal to] LVS Covert

Cover 40 $ $

4 Shipping Costs/ Embajada Americana

Tegucigalpa, Honduras

RTN 08019999408358

1 $ $

TOTAL:

Male # Female # S 5 S 2 M 6 M 5 L 5 L 4

XL 9 XL 0

2X 1 2X 2 3X 1 3X 0 Total

(M) 27 Total (F) 13

I. SPECIFICATIONS

Line Item 1:

[Brand name or equal to] LVS Base Vest – Male

Quantity: 27

3D formed armor panels match the human body - delivering enhanced comfort & concealment

Base vest includes 2 built-in pockets suitable for radio, rifle mag, pistol, or pistol mags

Anti-microbial fabrics used throughout proprietary forming technique eliminates crumpling of armor.

Wide range of optional carriers allow one system to economically cover many roles from low-vis to overtly tactical 2” and 4” elastic side straps provided with vest.

Line Item 2:

[Brand name or equal to] LVS female fit

Quantity: 13

3D-formed armor panels match the human body delivering enhanced comfort and concealment

Includes two built-in pockets suitable for radio, rifle mag, pistol, or pistol mags

Anti-microbial fabrics used throughout

Proprietary forming technique eliminates crumpling of armor

Optional side armor panels are available

Narrow and wide elastic straps provided with vest

Line item 3

[Brand name or equal to] LVS Covert Cover

Quantity: 40

LVS BASE VEST, can accept rifle plates while still being extremely low profile.

Line Item 4:

Shipping to Tegucigalpa, Honduras; Quantity: 1 Lot

Shipping cost to Tegucigalpa Honduras- INL Embassy Warehouse

ADDITIONAL REQUIREMENTS

• Warranty - All warranty services shall be fully described & specified in the respective quotations, pursuant to the Offeror’s GSA Contract/Schedule.

• Provide Factory Warranty – (Contractors to describe all warranty periods with their quotation).

• Contractor performance entails compliance with all applicable requirements/regulations/laws of the United States Export Administration, and any other US or Honduran licensing/governing authorities. Further, performance shall include compliance with, and providing all required licensing to transport, export, and train personnel (as necessary/required) regarding the subject equipment.

• Contract type shall be Firm Fixed-Price, including all direct costs, indirect cost, profit, taxes and other charges. The Price shall be FOB Destination to the specified location in Honduras. Items will be donated to the vetted Units in support of the

International Narcotic & Law Enforcement Initiative.

• Fixed- Price must include compliance with all applicable requirements/regulations by the United States Export Administration, and any other US or Honduran licensing/governing authorities. Contractors must comply with, or obtain all required licensing to transport, export, & ship the equipment.

• Quotation Submission Requirements - The following must be included in the quotation:

• Pricing for items requested above, using Contractor quotation format, and detailed explanation of warranty coverage.

• Delivery availability time.

**Note: Please provide the technical specifications

AWARD TYPE The Government intends to award a Firm-Fixed-Price (FFP) Purchase Order for the requirements identified in this RFQ. The FFP shall include all direct and indirect costs, profit, shipping/delivery charges, export requirements, insurance, etc. The price will not be subject to adjustment after award.

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption.

DELIVERY SCHEDULE. All equipment shall be delivered to the address provided on delivery location, below, as soon as possible (ASAP) but no later than (NLT) thirty (30) calendar days from receipt of the award notification.

OFFER VALIDITY. The validity of this offer shall be sixty (90) days from the moment the offer is submitted.

DELIVERY LOCATION. The Contractor shall send all ordered items to the Embassy

Warehouse, address:

US EMBASSY INL WAREHOUSE

CALLE BUSTAMANTE Y RIVERO, 11101 TEGUCIGALPA, FRANCISCO MORAZÁN,

HONDURAS TEGUCIGALPA, HONDURAS

(504) 9450-6867

SHIPMENT AND DELIVERY The equipment/supplies shall be clean, in new condition and must be in the normal operating ranges.

The Contractor shall consolidate the entire shipment to prevent loss and misdirection. Any lost or damaged items during shipment shall be replaced by the contractor upon notification. Partial deliveries will be accepted if not all items are available for same shipment. Please consider this in your price.

Packaging and preservation shall be in accordance with (IAW) best commercial practices to enable shipment to final destination without repacking or incurring damage during shipment and handling.

One copy of the packing list and commercial invoice must accompany the shipment, attached to the outside of the “lead” or number one box/carton/package, or individually attached to the outside of each box/carton/package.

All orders are ultimately intended for an overseas destination. If the shipment shall involve wood packaging material, then the packing and palletizing must conform to the standards in the

International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for

Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards shall be rejected and must be corrected at the Contractor’s expense.

WARRANTY

In accordance with the Contractor’s proposal, the equipment shall be covered by the manufacturer’s standard warranty of minimum of 1 Year.

The Contractor shall have a valid international warranty on the products offered which shall be utilized to coordinate replacement parts and services for the end user to avoid incurring additional expenses.

CUSTOMS CLEARANCE AND TAX EXEMPTIONS

The U.S. Government will assist the Contractor in obtaining customs clearance and tax exemption certificates from the Government of Honduras in accordance with Section 7, Marking and

Submission of Documents, of this contract. The Contractor’s must include and arrange all local, port handling and other fees associated with delivery to the destination.

INSPECTION AND ACCEPTANCE OF EQUIPMENT

The inspection and acceptance of the items shall be performed by the U.S. Government upon their arrival at the INL Warehouse. The payment(s) to the Contractor shall be made following satisfactory inspection and acceptance of the equipment and installation.

EXPORT LICENSE

The Contractor shall comply with license requirements of the Commerce Control List and any

Export Administrative Regulations (EAR), which shall apply. Export Restrictions

SUMMARY OF INSTRUCTIONS FOR SUBMISSION OF OFFERS

52.214-34 Submission of Offers in the English Language (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

a) Award will be made based on the Lowest Priced-Technically Acceptable (LPTA) quote that is responsive to the Request for Quote (RFQ) requirements.

b) The Government reserves the right to reject quotations that are incomplete, non-compliant with the terms of this solicitation, or that are unreasonably high in price.

c) For evaluation purposes, the price will be determined by multiplying the offered prices times the quantities stated in the schedule and arriving at a grand total.

d) The Government will evaluate the proposed delivery time frame and the technical specifications. The Government will only consider for award those companies that the

Government determines have a high likelihood of satisfactorily completing the required items based on the proposal.

e) The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1.

QUOTATION MUST INCLUDE THE FOLLOWING:

a) PRICE: unit and extended prices, inclusive of delivery charges.

b) DELIVERY DATE: Equipment delivered to Government up to thirty (30) calendar days from receipt of the award notification.

c) DESCRIPTION: Description/nomenclature of the item being quoted; technical specification sheets must be provided and is required. Quotation must demonstrate compliance with all required features. Also include description of warranty terms.

d) SAM: A quoter must be registered in SAM (www.sam.gov) in order to be eligible for award. If the quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered quoter, unless an exception in FAR 4.1102 applies.

e) CERTIFICATIONS: Completed certifications (FAR 52.212-3) or statement that the certifications are included already at the ORCA web site (https://orca.bpn.gov/).

f) PAST PERFORMANCE: A list of contracts within the last two (2) years for the provision of comparable equipment to federal or commercial customers. The list shall include contact information (name, organization, email, and phone) and limited to no more than five (5) references.

https://orca.bpn.gov/

Please fill out the information requested below and send all pages of this solicitation with your offer:

Company Name: ____________________________________________________

Contact Name and Position: __________________________________________

Email:_____________________________________________________________

Telephone Number: _________________________________________________

Date: _____________________________________________________________

Signed: ____________________________________________________________

SECTION 2 - CONTRACT CLAUSES

52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or

ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National

Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part

774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2F4.2104%23FAR_4_2104&data=05%7C01%7CPadgettVX%40state.gov%7C8cbd484571db43f8a83308dafa5138a1%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638097523985093331%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=m%2FojmwD0fTRoR54d15Y3otnHXxF4bOkb4IeH6EVFnI8%3D&reserved=0

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2F4.2104%23FAR_4_2104&data=05%7C01%7CPadgettVX%40state.gov%7C8cbd484571db43f8a83308dafa5138a1%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638097523985093331%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=m%2FojmwD0fTRoR54d15Y3otnHXxF4bOkb4IeH6EVFnI8%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdibnet.dod.mil%2F&data=05%7C01%7CPadgettVX%40state.gov%7C8cbd484571db43f8a83308dafa5138a1%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638097523985093331%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=pE1tIgc%2By2%2FIpZUypfQ72apM67xGHN17JpzQSNgJ5nY%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdibnet.dod.mil%2F&data=05%7C01%7CPadgettVX%40state.gov%7C8cbd484571db43f8a83308dafa5138a1%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C638097523985093331%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=pE1tIgc%2By2%2FIpZUypfQ72apM67xGHN17JpzQSNgJ5nY%3D&reserved=0 will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(JAN 2026) IS INCORPORATED BY REFERENCE.

“None”

52.212-5 [Reserved] (JAN 2026)

ADD THE FOLLOWING CLAUSE IN FULL TEXT:

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (FEB 2021)

(a) Definitions. As used in this clause—

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim

(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the

Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each

IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the

Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line

15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the

IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause) https://www.irs.gov/w14 https://www.acquisition.gov/far/52.229-11#FAR_52_229_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/help/tax-law-questions

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the

Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an

Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE

INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS.( Jan 2017)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JAN 2026)

52.204-18 [Reserved] (JAN 2026)

52.204-25 [Reserved] (JAN 2026)

52.204-27 [Reserved] (JAN 2026)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (JAN 2026)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (JAN 2026)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (FEB

2026)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2026)

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (MAY 2024)

52.229-6 TAXES - FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.233-3 PROTEST AFTER AWARD (JAN 2026)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (JAN 2026)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (JAN 2026)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.232-11 EXTRAS (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefore have been authorized in writing by the Contracting Officer.

(End of clause)

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

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

Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.247-17 CHARGES (APR 1984)

In no event shall charges under this contract be in excess of charges based on the Contractor’s lowest rate available to the general public, or be in excess of charges based on rates otherwise tendered to the

Government by the Contractor for the same type of service.

(End of clause)

52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY

DAMAGE (APR 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.

(b) The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

(End of clause)

THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT:

652.215-70 RESERVED (FEB 2026)

(a) With respect to matters related to this contract or a subcontract hereunder, the Department of State

Office of the Inspector General, or an authorized representative, shall have upon request:

(1) Complete, prompt, and free access to all Contractor and Subcontractor files (in any format), documents, records, data, premises, and employees, except as limited by law; and

(2) The right to interview any current Contractor and Subcontractor personnel, individually and directly, with respect to such matters.

(b) This clause may not be construed to require the contractor or any subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(c) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (c), in all subcontracts under this contract other than acquisitions described in Federal Acquisition Regulation

15.209(b)(1).

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S.

Foreign Service Post identified in the contract schedule.

The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.

(End of clause)

652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)

(AUG 1999)

(a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.

(b) Invoice Submission. The Contractor shall submit via E-Invoicing as per instructions at the time of Award. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

(c) Contractor Remittance Address. The Government will make payment to the contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:

EFT-Electronic Funds transfer

(End of clause)

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(a) The COR for this contract is INL Program Assistant

(End of clause) https://www.ecfr.gov/current/title-48/section-652.215-70#p-652.215-70(c)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

(a) The Contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;

(2) That is has obtained all necessary licenses and permits required to perform this contract; and,

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.

(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.

652.243-70 NOTICES (AUG 1999)

Any notice or request relating to this contract given by either party to the other shall be in writing. Said notice or request shall be mailed or delivered by hand to the other party at the address provided in the schedule of the contract. All modifications to the contract must be made in writing by the Contracting

Officer.

SECTION 3 - SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2026) IS INCORPORATED BY REFERENCE

ADDENDUM TO 52.212-1

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer

(EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the

Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is

“late” and will not be considered unless it is received before award is made and the Contracting

Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the

Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a post award debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

ADDENDUM TO SOLICITATION PROVISIONS

FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the

Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an

Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS ARE

INCORPORATED BY REFERENCE:

PROVISION TITLE AND DATE

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-

REPRESENTATION. (JAN 2017)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JAN 2026)

52.204-16 [Reserved] (Jan 2026)

52.211-1 [Reserved] (JULY 2025)

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2026)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the

Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the

Contractor shall be liable for the cost, which may be deducted from the contract price.

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

THE FOLLOWING DOSAR PROVISION(S) IS/ARE PROVIDED IN FULL TEXT:

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

(a) The Department of State’s Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:

(1) For solicitations issued by the Office of Acquisition Management (A/GA/AMD) or a Regional Procurement Support Office, the A/GA/AMD Advocate for Competition, at

AQMCompetitionAdvocate@state.gov.

(2) For all others, the Department of State Advocate for Competition at cat@state.gov.

(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or

Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, US. Embassy’s

Management Counselor at SteckleyJJ@state.gov. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696 or write to: Department of State, Acquisition

Ombudsman, Global Acquisitions (A/GA), Suite 1060, SA-15, Washington, DC 20520.

(End of provision) mailto:AQMCompetitionAdvocate@state.gov mailto:cat@state.gov mailto:SteckleyJJ@state.gov

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