19KS7026Q0027_Solicitation Notice.docx

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Purchase of Two Vans (5-seater Van & 7-seater Van)
Solicitation number
19KS7026Q0027
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This is a Request for Quotations (RFQ) for the purchase of two vehicles for the U.S. Embassy in Seoul, Republic of Korea. The solicitation number is 19KS7026Q0027, issued April 21, 2026, with a deadline for quotations of May 6, 2026, at 17:00 Korea Standard Time. Questions must be submitted by April 27, 2026, at 17:00 Korea Standard Time. The acquisition is unrestricted (not set aside for small business). Quotations must be submitted electronically to SeoulProposals@state.gov in MS-Word, MS-Excel, or PDF format, not exceeding 30MB per file. Required submissions include completed SF-1449 form, Section A pricing, Section 5 representations and certifications, supporting documentation, and proof of SAM registration. The Government intends to award based on initial quotations without discussions unless companies fall within the competitive range.

The vehicles required are one 5-seater Hyundai Tucson Premium (or equivalent) in Creamy White Pearl, left-hand drive, new condition with no more than 500 kilometers on the odometer, and one 7-seater Hyundai Palisade Prestige (or equivalent) in Creamy White Pearl, also left-hand drive, new condition with similar mileage restrictions. Both vehicles must be manufactured in South Korea or the U.S.A. and comply with Korea Motor Vehicle Safety Standards. Detailed specifications include engine displacement, transmission systems, safety features, infotainment systems, and other amenities for each vehicle. Vehicles must be model year 2026 and include operator's manuals in English, technical manuals, and temporary license plates. Delivery is FOB Destination to U.S. Embassy Seoul, with overseas imported vehicles delivered on a C.I.F. Busan Port or Incheon Port basis. Prices shall be quoted in Korean Won for local vendors and U.S. Dollars for U.S. vendors, excluding VAT. Payment will be made within 30 days of receipt and acceptance of invoice. Contractors must provide past performance information from the past two years, evidence of established business operations, required licenses and permits, and certified financial statements showing profitability and balance sheet information.

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Embassy of the United States of America Seoul, Republic of Korea General Services Office Tel. 82-2-397-4648 Fax: 82-2-397-4744

April 21, 2026

Dear prospective quoters:

SUBJECT: Solicitation Number 19KS7026Q0027, PURCHASE OF TWO VANS

Enclosed is a Request for Quotations (RFQ) for the Purchase of Two(2) Vans for the U.S. Embassy, Seoul, Korea. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Embassy Seoul intends to award a purchase order based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

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

1. SF-1449

2. Section A, Pricing

3. Section 5 Representations and Certifications

4. Additional information as required in Section 3

5. Proof of SAM Registration

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.

Any questions concerning the solicitation should be submitted in writing by April 27, 2026 at 17:00 Korea Standard Time via email to SeoulProposals@state.gov.

Quotations are due by May 6, 2026 at 17:00 Korea Standard Time. No quotations will be accepted after this time. Only the electronic submission of the quotation will be accepted. Please submit your quotation addressed only to the Contracting Officer by email at Seoulproposals@state.gov.

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number 19KS7026Q0027, Prices, Block 23

· Continuation To SF-1449, RFQ Number 19KS7026Q0027, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

Section 2 - Contract Clauses

· Contract Clauses

· Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

· Solicitation Provisions

· Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 - Evaluation Factors

· Evaluation Factors

Section 5 - Offeror Representations and Certifications

· Offeror Representations and Certifications

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

PR15439687

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19KS7026Q0027

6. SOLICITATION ISSUE DATE

4/21/2026

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Helen Y No, Contracting Officer

b. TELEPHONE NUMBER(No collect calls) 02-397-4648

8. OFFER DUE DATE/LOCAL TIME

5/6/2026, 17:00 p.m. Local Time

9. ISSUED BY CODE

10. THIS ACQUISITION IS |X| UNRESTRICTED OR |_| SET ASIDE: _________ % FOR

U.S. Embassy Seoul General Services Office Seoul, Korea

|_| SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS

|_| SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

|_| WOMEN-OWNED SMALL BUSINESS

(WOSB) ELEIGIBLE UNER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

|_| ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB)

|_| 8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS
|_| 13a.THIS CONTRACT IS ARATED ORDER UNDERDPAS (15 CFR 700)
13b. RATING
14.METHOD OF SOLICITATION
|X| RFQ|_| IFB|_| RFP

15. DELIVER TO:

CODE

16. ADMINISTERED BY CODE

Contracting Officer by email at SeoulProposals@state.gov
Helen Y No, Contracting Officer

SeoulProposals@state.gov

17.a.CONTRACTOR/ CODE
OFFEROR

FACILITY CODE

18a. PAYMENT WILL BE MADE BY CODE

Company Name:

Address:

Email:

DUNS No.:

Telephone No.:

U.S. Embassy Seoul Financial Management Office #188, Sejongdaero, Jongno-gu Seoul, Korea

|_|17b.CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS INOFFER
18b.SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED|_| SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Purchase of Two Vans

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

|X| 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA|X| ARE |_| ARE NOT ATTACHED.
|_| 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA|_| ARE |_| ARE NOT ATTACHED.
|_| 28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __ __
COPY TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
HEREIN.
|_| 29. AWARD OF CONTRACT: REF. _________________ OFFER
DATED ____________________________. YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTIONSTANDARD FORM 1449 (REV. 10/2010)
PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ____________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER
34. VOUCHER NUMBER
35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT
37. CHECK NUMBER
|_| PARTIAL
|_| FINAL

|_| COMPLETE |_| PARTIAL |_| FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.
40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 10/2010) BACK

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19KS7026Q0027

PRICES, BLOCK 23

A. PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment and services required under this contract for the following firm fixed price and within the time specified. This price shall include all labor, materials, all insurances, overhead and profit.

5-seater Van

7-seater Van

Total Price (including all labor, materials, overhead and profit)

A.1 Prices will be in Korean Won for local vendors/offerors and in US Dollars for US vendors/offerors.

A.2 VALUE ADDED TAX (VAT)

The Government will not reimburse the Contractor for VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.

A.3 PAYMENT

Payment will be made within 30 days of receipt and acceptance of a proper invoice, after the supplies received or services performed have been accepted.

CONTINUATION TO SF-1449

RFQ NUMBER 19KS7026Q0027

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

B. STATEMENT OF WORK

U.S. Embassy, Seoul, Korea is required to purchase one 5-seater Van and one 7-seater Van as described below.

1) 5-SEATER VAN

1. REQUIRED VEHICLE TYPE AND QUANTITY

· Type: Hyundai Tucson (5-seater) Premium or equivalent

· Left-hand drive, 5 passenger seating

· Color: Creamy White Pearl

· Quantity: One (1)

Note: The vehicle should be made in South Korea or the U.S.A., for vehicle/equipment and furnished accessories shall comply with Korea Motor Vehicle Safety Standard in effect on the date of manufacture. The Government reserves the right to accept alternate specifications as noted below:

2. MINIMUM DIMENSIONS

· Overall Length (mm): Minimum 4,640

· Overall Width (mm): Minimum 1,865

· Overall Height (mm): Minimum 1,665

· Wheelbase(mm): 2,755

· Fuel System: Smartstream Gasoline 1.6 Turbo 4WD

· Condition: New

3. REQUIREMENTS

(1) Engine Displacement: Smartstream Gasoline 1.6 Turbo engine 1,598cc

(2) Transmission System: 7-speed DCT, 4 Wheel Drive with Downhill Brake Control

(3) Performance: ISG system, Drive mode select, Front and rear disc brake, Column-Type Shift by Wire(vibration warning)

(4) Tire: 18-inch alloy wheels

(5) Exterior: Manufacturer’s Creamy Whit Pearl, Dark chrome radiator grille, Glossy black B/C pillar, Outside mirror chrome garnish, Full LED headlamps(MFR type), LED turn signal lamps(front), LED Daytime Running Lights, LED third brake lights, Rear spoiler, Double-glazed soundproof, glass(windshield, 1st-row doors), Door pocket lighting(1st-row), Outside mirror(heating, power-folding, power adjustment, LED turn signal lamps), Aero type wiper, Roof rack

(6) Interior: LED interior lamp(map lamp, room lamp, sun visor lamp, and luggage lamp), Leather-upholstered steering wheel(with heating), Real stitching(crash pad/door upper/armrest), Fabric upholstery(crash pad garnish/door center), Black high-gloss armrest molding

(7) Seat: Manufacturer’s Black/Gray Synthetic leather seats, 2-way power-adjustable driver's lumbar support, 2nd-row, fold-and-dive, Heated 1st-row seats, Ventilated 1st-row seats, 2nd-row seat folding lever

(8) Safety related: 8 airbag system(1st-row advanced/side airbags, roll-over resistant curtain airbags, and 2nd-row side airbags), Multi-Collision Brake System, Child seat fastening system(2 in 2nd-row), Safety unlock function, Fire extinguisher for vehicles

(9) Safety Technology: Forward Collision-avoidance Assist(vehicles/pedestrians/two-wheeled vehicles), Lane Keeping Assist, Driver Attention Warning, High Beam Assist, Intelligent Speed Limit Assist, Vibration warning steering wheel, Lane Following Assist, Rear Occupant Alert, Blind-spot Collision Warning(driving), Blind-spot Collision-avoidance Assist(forward exit), Rear Cross-traffic Collision-avoidance Assist, Safe Exit Warning

(10) Other Necessary Requirements: Proximity key with push-button start, Smart key remote start, Electronic Parking Brake(with automatic vehicle hold), Power windows with pinch protection(driver's seat/front, passenger's seat), Dual-zone full automatic air conditioning(with auto defog system, fine dust sensor, and air cleaning mode), After-blow function, Micro air filter, Manual tilt & telescopic steering wheel, Cruise control, USB Type-C Ports: Front(1 charge, 1 data/charge), Rear(2 charge), Parking Distance Warning-Forward/Reverse, Auto light control system, Paddle shift, Power outlet(1 in 1st-row, 1 in luggage), Rear View Monitor, ECM room mirror, In-car fingerprint authentication system(personalization, startup), 2nd-row seat air vent, Rain sensor, Hi-pass, Smart power tailgate, In-car fingerprint authentication system(payment), Power windows with pinch protection(2nd-row), Wireless phone charger, Built-in camera with Augmented reality navigation, Parking Assist(Panoramic curved display, 12.3-inch color LCD cluster, Blind-spot View Monitor, Surround View Monitor, Parking Collison-avoidance Assist-Rear, Parking Distance Warning-Side), UV Protection tinting, Tire repair kit

(11) Infotainment: 12.3-inch display audio(Bluelink, phone projection, Bluetooth hands-free, 6 speakers), 12.3-inch navigation system(In-car Payment/e hi-pass), OTA Software Update

(12) Certification and Technical Publications (provided at time of delivery):

· Vehicles must be model year 2026. Vehicle must not have more than 500 kilometers on the odometer.

· Operator’s manual in English (Korean if English version is not available)

· One (1) set of technical manuals (parts catalog, service manual, electrical scheme) in English (Korean if English is not available). An electronic version of the manuals is acceptable.

(13) Temporary license plates shall be provided for each delivered vehicle.

4. DELIVERY

(1) Delivery/Shipping point

U.S. Embassy Seoul General Service Office/Annex 10, Namyoung-dong, Yongsan-gu Seoul, Republic of Korea

· Delivery point for overseas imported vehicles (or not local model vehicles) including US suppliers: C.I.F. Busan Port basis or Incheon Port via transshipment.

· Consignee name: US Embassy Seoul in case of new importation of overseas model.

· In case US embassy needs to undertake customs clearance from any port in Korea, local transportation cost should not be included in the quotation as this will be done by others.

· Suppliers, importers or authorized dealers for certain imported vehicles, who deliver overseas vehicle from outside of Korea, shall be responsible for getting type approvals and safety related approvals from local authorities concerned.

(2) Delivery Lead Time Expected delivery lead time shall be stated in the offer.

(3) Vehicle safety code and requirements Specifications must satisfy the safety and design requirements as regulated by the government.

(4) WARRANTY

Detailed warranty provisions shall be stated in the offer for the vehicle and the parts if applicable separately.

2) 7-SEATER VAN

1. REQUIRED VEHICLE TYPE AND QUANTITY

· Type: Hyundai The all-new Palisade (7-seater) Prestige or equivalent

· Left-hand drive, 7 passenger seating

· Color: Creamy White Pearl

· Quantity: One (1)

Note: The vehicle should be made in South Korea or the U.S.A., for vehicle/equipment and furnished accessories shall comply with Korea Motor Vehicle Safety Standard in effect on the date of manufacture. The Government reserves the right to accept alternate specifications as noted below:

2. MINIMUM DIMENSIONS/SPECS

· Overall Length (mm): Minimum 5,060

· Overall Width (mm): Minimum 1,980

· Overall Height (mm): Minimum 1,805

· Wheelbase(mm): 2,970

· Fuel System: Smartstream Gasoline 2.5 Turbo AWD

· Condition: New

3. REQUIREMENTS

(1) Engine Displacement: Smartstream Gasoline 2.5 Turbo engine 2,497cc

(2) Transmission System: 8-speed automatic transmission, All Wheel Drive with Multi Terrain Control and Downhill Brake Control

(3) Performance: ISG system, Rack-Mounted Motor-Driven Power Steering (R-MDPS), Drive mode select, Column-Type Shift by Wire (vibration warning), Self levelizer

(4) Tire: 20-inch tires, alloy wheels

(5) Exterior: Manufacturer’s Creamy White Pearl, Chrome radiator grille, Full LED headlamps(projection type), Hidden Daytime Running Lights, LED turn signal lamps, Hidden LED positioning lights, LED rear combination lamps, LED third brake lights, Solar glass(windshield), Outside mirrors(heating, power-folding, power adjustment, LED turn signal lamps), Door pocket lighting(1st-row), Reverse light guide, Double-glazed soundproof glass(windshield, 1st/2nd-row doors), Rear spoiler, Chrome DLO molding, Black tailgate garnish, Roof rack, Hydrophobic front door windows

(6) Interior: Panoramic curved display, 12.3-inch color LCD cluster, Bezel-less rearview mirror, Leather-upholstered steering wheel(with heating, Interactive Pixel Lights), Door armrests with real stitching, LED interior lamp(map lamp, personal lamp, sun visor lamp, and luggage lamp) Synthetic leather(crash pad garnish, console-side, door armrests), Melange knit interior materials(headlining, pillar part, and sun visor), Metallic door scuff plate

(7) Seat: Manufacturer’s Black Natural leather seats, Power-adjustable driver's seat(4-way lumbar support and Integrated Memory System), Power-adjustable front passenger’s seat(lumbar support and walk-in device), Heated/ventilated 1st-row seats, 2nd-row independent seat(folding, sliding, and reclining), 2nd-row remote folding, 2nd-row one-touch tilting-type walk-in controls, Heated 2nd-row seats, 3rd-row 60/40-split folding seats(fold-and-dive and reclining)

(8) Safety related: 10 airbag system (1st-row advanced/center side airbags, 1st/2nd-row side airbags, driver’s knee airbags, and rollover-resistant curtain airbags), Multi-Collision Brake System, Child seat fastening system (2 in 2nd-row, 2 in 3rd-row), Seat belt pretensioner (1st/2nd/3rd-row), Fire extinguisher for vehicles

(9) Safety technology: Forward Collision-avoidance Assist (vehicles/pedestrians/two-wheeled vehicles/junction turning/front oncoming/ intersection crossing/changing lanes in oncoming traffic/approaching from either side/evasive steering assist), Lane Keeping Assist, Lane Following Assist 2, Intelligent Speed Limit Assist, Driver Attention Warning, High Beam Assist, Safety Exit Assist, Advanced Rear Occupant Alert, Smart Cruise Control with Stop & Go, Navigation-based Smart Cruise Control(safety speed zone/curve control, access road), Highway Driving Assist 2, Blind-spot Collision Warning(driving), Blind-spot Collision-avoidance Assist(forward exit/driving), Rear Cross-traffic Collision-avoidance Assist, Hands-On Detection, Vibration warning steering wheel, Parking Collison-avoidance Assist-Rear

(10) Other Necessary Requirements: Proximity key with push-button start, Smart key remote start, Electronic Parking Brake(with automatic vehicle hold), Paddle shift, Power-adjustable tilt & telescopic steering wheel, Driver monitoring system, 3-zone independently controlled full automatic air conditioning(with advanced antibacterial combination filter, auto defog system, fine dust sensor, air cleaning mode, and after-blow function), Dual-zone touch climate control, Rain sensor, 100W Type-C USB ports(2 charging ports 1st row, 2 charging ports in 2nd row, 2 charging ports in 3rd row, 1 charging cable), Charging/data switchable Type-C USB port, Power outlet(1 in 1st-row, 1 in 3rd-row), Power windows with pinch protection (1st/2nd-row), Rear View Monitor(with camera sensor cleaning system), Diffusion roof air-vent, Auto light control system, Parking Distance Warning-Forward/Reverse/Side, Walk-away lock, Wireless phone charger, 2nd-row buckle light, 2nd-row assist grip handles, (Hyundai or equivalent) AI Assistant, Smart power tailgate, Surround View Monitor, Blind-spot View Monitor, In-car fingerprint authentication system(personalization, startup, payment, etc.), Hi-pass card slot, Built-in camera with augmented navigation, Remote Smart Parking Assist, UV protection tinting, Tire repair kit

(11) Infotainment: 12.3-inch navigation system (Bluelink, phone projection, In-car Payment/e hi-pass, Audio system (8 speakers and Bluetooth hands-free), Rear seat conversation mode, OTA Software Update

(12) Certification and Technical Publications (provided at time of delivery):

· Vehicles must be model year 2026. Vehicle must not have more than 500 kilometers on the odometer.

· Operator’s manual in English (Korean if English version is not available)

· One (1) set of technical manuals (parts catalog, service manual, electrical scheme) in English (Korean if English is not available). An electronic version of the manuals is acceptable.

(13) Temporary license plates shall be provided for each delivered vehicle.

4. DELIVERY

(1) Delivery/Shipping point

U.S. Embassy Seoul General Service Office/Annex 10, Namyoung-dong, Yongsan-gu Seoul, Republic of Korea

· Delivery point for overseas imported vehicles (or not local model vehicles) including US suppliers: C.I.F. Busan Port basis or Incheon Port via transshipment.

· Consignee name: US Embassy Seoul in case of new importation of overseas model.

· In case US embassy needs to undertake customs clearance from any port in Korea, local transportation cost should not be included in the quotation as this will be done by others.

· Suppliers, importers or authorized dealers for certain imported vehicles, who deliver overseas vehicle from outside of Korea, shall be responsible for getting type approvals and safety related approvals from local authorities concerned.

(2) Delivery Lead Time Expected delivery lead time shall be stated in the offer.

(3) Vehicle safety code and requirements Specifications must satisfy the safety and design requirements as regulated by the government.

(4) WARRANTY

Detailed warranty provisions shall be stated in the offer for the vehicle and the parts if applicable separately.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) is incorporated by reference. (see SF-1449, Block 27A)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (Jan 2025) (Deviation Feb 2025)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

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

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Jun 2020) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

X_(8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

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

__ (iv) Alternate III (Jan 2025) of 52.219-9.

__ (v) Alternate IV (Jan 2025) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Feb 2024) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025) (E.O.13126).

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (Jan 2025) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (E.O. 13693).

__ (38) (i) 52.223-13 [Reserved] __ (39) (i) 52.223-14, [Reserved] __ (40) 52.223-15, [Reserved] __ (41) (i) 52.223-16, [Reserved] __ (42) 52.223-18, [Reserved] __ (43) 52.223-20, Aerosols (May 2024) (E.O. 13693).

__ (44) 52.223-21, Foams (May 2024) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (46) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

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

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (53) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

X (54) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (56) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (61) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022).

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

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

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

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) None.

(vii) None.

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

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

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

(xix)

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.229-12 tax on Certain Foreign Procurements—Notice and Representation (Feb 2021)

(a) Definitions. As used in this clause— oreign person means any person other than a United States person.

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

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

(2) A domestic partnership;

(3) A domestic corporation;

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

(5) Any trust if-

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

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

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

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/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— Included in the contract price; nor 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.

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203, insert the following clause:

Prohibition on a ByteDance Covered Application (Jun 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

SECTION 3 - SOLICITATION PROVISIONS

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Sep 2023), is incorporated by reference (see SF-1449, Block 27A).

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS

1. SUMMARY OF INSTRUCTIONS. Each offer must consist of the following:

1.1. A completed solicitation, in which the SF-1449 cover page (blocks 17, 19-24, and 30 as appropriate), and Sections A and Section 5 have been filled out.

Please submit your quotation by e-mail to SeoulProposals@state.gov, addressed only to the Contracting Office. It is important to make sure the e-mail submission is made in specific format and size. The file must be in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format and the file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files of less than 30 MB each.

An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

1.2. INFORMATION. Information demonstrating the offeror’s ability to perform, including:

(1) Provide description of vehicle specifications which meet the requirements as shown in Section B, STATEMENT OF WORK.

(2) Past performance information demonstrating delivery experience within the past two (2) years

(3) Provide evidence that the quoter operates an established business with a permanent address and telephone listing;

(4) Evidence that the quoter has all licenses and permits required by local law (see DOSAR 652.242-73 in Section 2), such as business establishment registration certificate.

(5) Financial Statement. Provide a current statement of its financial condition, certified by a third party, which includes:

Income (profit-loss) Statement that shows profitability for the past two years.

Balance Sheet that shows the assets owned and the claims against those assets, or what a firm owns and what it owes.

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 provision(s) is/are incorporated by reference:

PROVISION TITLE AND DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT (Nov 2024)

52.203-17 CONTRACTOR EMPLOYEE SHISTLEBLOWER RIGHTS (NOV 2023)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(AUG 2020)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS REPRESENTATION AND DISCLOSURES (DEC 2023)

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

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

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND PROCEDURES (FEB 2015)

(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Policy and Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert the substance of this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems.

(b) The DOS Personal Identification Card Policy and Procedures may be accessed at: http://www.state.gov/m/ds/rls/rpt/c21664.htm.

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/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at AQMCompetitionAdvocate@state.gov.

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

1. 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, Minister Counselor for Management Affairs. at 82-2-397-4126 (Tel) or 82-2-397-4107 (fax). For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman.

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