List of clauses.docx

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Attached to
Intent to Establish a Blanket Purchase Agreement (BPA) for Classified Pouch Imp/Exp Handling Services U. S. Embassy Kuwait
Solicitation number
19KU2026A0002
Issued by

About this file

The document is a List of Clauses for a federal contract, detailing various standard Federal Acquisition Regulation (FAR) and agency-specific clauses that will be incorporated by reference or in full text for a procurement over $30,000. Key provisions include mandatory requirements related to contractor registration in the System for Award Management (SAM), whistleblower rights, subcontracting restrictions, sustainability, and security representations. Notable unique clauses include a September 2025 provision for Disclosure of AI Use (652.239-801) and standard compliance requirements for commercial products and services.

This clause list is associated with a Department of State solicitation (Solicitation Number: 19KU2026A0002) for a Blanket Purchase Agreement (BPA) at the U.S. Embassy in Kuwait for Classified Pouch Import/Export Handling Services. The intended BPA will establish terms for local vendors to provide comprehensive logistics services including outgoing and incoming classified pouch processing, which involves preparing shipments, generating airway bills, coordinating airline transport, managing customs clearance, providing security escort services, and ensuring secure delivery. The agreement may span up to five years with a total estimated value not exceeding the Simplified Acquisition Threshold of $350,000.

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List of clauses/provisions > $30K

Clause/Provision
Description
Incorporated
52.212-1
Instructions to Offerors—Commercial Products and Commercial Services
By Reference
52.212-2
Evaluation—Commercial Products and Commercial Services
By Reference
52.212-4
Contract Terms and Conditions-Commercial Products and Commercial Services (Deviation Aug 2025).
By Reference
52.203-17
Contractor Employee Whistleblower Rights.
By Reference
52.203-18
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
By Reference
52.204-7
System for Award Management—Registration.
By Reference
52.204-13
System for Award Management—Maintenance.
By Reference
52.204-90
Offeror Identification. When offerors are not required to be registered in SAM
Full text
52.209-6
Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
By Reference
52.209-10
Prohibition on Contracting with Inverted Domestic Corporations.
By Reference
52.222-19
Child Labor—Cooperation with Authorities and Remedies.
By Reference
52.222-50
Combating Trafficking in Persons (Nov 2021).
By Reference
52.223-23
Sustainable Products.
By Reference
52.229-11
Tax on Certain Foreign Procurements—Notice and Representation.
By Reference
52.226-8
Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024).
By Reference
52.232-39
Unenforceability of Unauthorized Obligations. (This clause prevents violations of the Anti-Deficiency Act (31 U.S.C. 1341)).
By Reference
52.233-3
Protest after Award.
By Reference
52.233-4
Applicable Law for Breach of Contract Claim.
By Reference
52.240-90
Security Prohibitions and Exclusions Representations and Certifications.
By Reference
52.240-91
Security Prohibitions and Exclusions.
By Reference
652.242-73
AUTHORIZATION AND PERFORMANCE (AUG 1999)
By Reference
652.243-70
Notices.
By Reference
652.239-801
Disclosure of AI use (SEP. 2025)
Full Text

52.204-90 Offeror Identification.

If the Offeror will not have an active Federal Government contracts registration in the System for Award Management (https://www.sam.gov) when submitting its offer, it shall complete paragraphs (c) and (d) of this provision and include its responses with its offer.

(a) Definitions. As used in this provision— Commercial and Government Entity (CAGE) code has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

Common parent means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer Identification Number means the number required by the Internal Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification Number.

Unique entity identifier (UEI) has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

(b) Unique entity identifier (UEI).

(1) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The Offeror shall also enter its EFT indicator, if applicable.

(2) If the Offeror does not have a UEI, it shall go to https://www.sam.gov to obtain one. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI.

(c) Taxpayer identification. The Offeror shall provide with its offer the following information that is necessary to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d); reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and the implementing IRS regulations:

(1) Taxpayer identification number (TIN)

□ TIN: ______________;

□ TIN has been applied for; or

□ TIN is not required because:

□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

□ Offeror is an agency or instrumentality of a foreign government; or

□ Offeror is an agency or instrumentality of the Federal Government.

(2) Type of organization.

□ Sole proprietorship;

□ Partnership;

□ Corporate entity (not tax-exempt);

□ Corporate entity (tax-exempt);

□ Government entity (Federal, State, or local);

□ Foreign government;

□ International organization per 26 CFR 1.6049-4; or

□ Other.

(3) Common parent.

□ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision; or

□ Name and TIN of common parent:

Name: ______________

TIN: ______________

(4) The TIN provided in paragraph (c)(1) of this provision may be matched with IRS records to verify the accuracy of the Offeror's TIN. The Government may use the TIN to collect and report on any delinquent amounts arising out of the Offeror's relationship with the Government (31 U.S.C. 7701(c)(3)).

(d) Commercial and Government Entity (CAGE) code.

(1) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its offer. The CAGE code shall be for that name and location address. Insert the word “CAGE” before the code. The Offeror may obtain a CAGE code as indicated in the following table.

If the Offeror is…
Then…
Located in the United States or its outlying areas
Submit a request to the DLA CAGE Branch via https://cage.dla.mil
Located outside the United States and its outlying areas and its country is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation
Contact the appropriate National Codification Bureau ( https://www.nato.int/structur/ac/135/about/contacts)
Located outside the United States and its outlying areas and its country is not a member of NATO or a sponsored nation
Contact the NATO Support and Procurement Agency (NSPA) ( https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(2) The Offeror shall provide the CAGE code and legal business name (Do not use a “doing business as” name) for—

(i) Its immediate owner(s), if any;

(ii) Its highest-level owner, if any; and

(iii) Any predecessor(s), or predecessor of an Offeror’s predecessor, that held a Federal contract or grant within the last three years.

Owner Type
CAGE Code
Legal Business Name

Immediate owner

Highest-level owner

Predecessor*

* Predecessor CAGE code may be marked “Unknown.”

(3) If the Offeror has more than one immediate owner (such as a joint venture), give the information for each owner (or joint venture participant). If the Offeror has more than one predecessor, provide information for each predecessor in reverse chronological order.

(End of provision)

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