19LA9026Q0011_Pickup Truck Vehicle Purchase Request.pdf
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- Solicitation number
- 19LA9026Q0011
- Issued by
-
Department of State
About this file
This is a Request for Quotation (RFQ) issued by the U.S. Embassy Vientiane, Lao PDR for the supply of one (1) pickup truck vehicle. The solicitation requires submission of a completed Standard Form SF-18 by 11:59 PM Local Time on July 30, 2026. The specific vehicle required is a Toyota Hilux Travo 4TREX, 4WD, Double Cab with 6-speed automatic transmission in left-hand drive configuration, model year 2026 with a 2.8L Turbo Diesel engine (1GD-FTV). The quotation must be exclusive of taxes and include custom clearance fees and registration plate number. Delivery is required within 90-120 days after purchase order award on a Delivery at Place (DAP) basis to U.S. Embassy Vientiane, Ban Somvang Tai, Hatsayfong District, Vientiane Capital, Lao PDR. The vehicle must include a manufacturer's warranty of five years or 110,000 kilometers (whichever comes first), free scheduled maintenance labor for two years or 50,000 kilometers, and a powertrain warranty of five years or 100,000 kilometers. Service requirements include providing a customer service point in Laos with replacement parts delivery within one to three days and 24-hour on-call maintenance service during the warranty period at no cost.
Offerors must be registered in the System for Award Management (SAM) prior to award, as this requirement applies to all acquisitions for overseas vendors exceeding $40,000. Required bid submissions include a copy of company registration or Unique Entity Identifier (UEI), vehicle manufacturer's certificate, operation manual in English, electrical schematic, service manual in English, warranty documentation, and manufacturer/country of origin certification with CE or ISO certification. The RFQ incorporates numerous Federal Acquisition Regulation (FAR) clauses and Department of State Acquisition Regulation (DOSAR) clauses applicable to overseas commercial item purchases, including provisions regarding telecommunications equipment, equal opportunity, labor standards, and trafficking in persons. Payment shall be made within 30 days of receipt and acceptance of a proper invoice submitted to the Financial Management Office at U.S. Embassy Vientiane.
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Embassy of the United States of America
July 16, 2026 General Service Office Thadeua Rd Km 9, Ban Somvang Thai, Hatsayphong District, Vientiane Capital, Lao P.D.R
Dear Prospective Offeror / Quoter:
The American Embassy Vientiane, Lao P.D.R. is seeking a contractor to Supply Pickup Truck Vehicle for US Embassy Vientiane. You are invited to submit a quotation. The Request for Quotations (RFQ) consists of the following sections:
1. Standard Form SF-18
2. Basic information and statement of work
U.S. Federal Acquisition Regulation (FAR) requires that contractors be registered in the System Award Management (SAM) prior to being awarded a purchase order. Contractors, who are not registered with SAM, may not be awarded the purchase order. This requirement applies to all acquisitions for overseas vendors that are greater than $40,000. Go to the link https://sam.gov/content/home
Direct any questions regarding this solicitation to: VientianeProcurement@state.gov The Embassy plans to award a purchase order. You are encouraged to make your quotation competitive. You are also cautioned against any collusion with other potential offerors with regard to price quotations to be submitted. The RFQ does not commit the American Embassy to make any award. The Embassy may cancel this RFQ or any part of it.
Please read the RFQ carefully and, if you are interested, submit your quotation.
Return the completed SF-18 to the address shown in block 5a of the SF-18 before 11:59 PM, Local time: on July 30 2026.
Oral quotation will not be accepted, and proposal will not be accepted after this time.
Sincerely, Christopher M. Berkey Contracting Officer
07/16/2026 03:37 GMT
Berkey, Christopher (BerkeyCM@state.gov) https://sam.gov/content/home mailto:VientianeProcurement@state.gov
STANDARD FORM 18 (REV. 6/1995)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
11. SCHEDULE (Include applicable Federal, State and local taxes)
NOTE: Additional provisions and representations are
15. DATE OF QUOTATION14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
16. SIGNERb. STREET ADDRESS
b. TELEPHONEa. NAME (Type or print)
Christopher M. Berkey AREA CODEc. COUNTY
NUMBERc. TITLE (Type or print)
General Services Officer
f. ZIP CODEe. STATEd. CITY x are not attached.
AMOUNT
(f)
UNIT PRICE
(e)
UNIT
(d)
QUANTITY
(c)
SUPPLIES/SERVICES
(b)
ITEM NUMBER
(a)
Supply Pickup Truck Vehicle for US Embassy Vientiane.
(Price is exclusive of TAX)
The attached FAR/DOSAR Clauses and EXPRESS NDAA CERTIFICATION will form part of the resultant order
Note: All actions which are over $40K, prospective vendor must be registered within the Central Contractor Registration (CCR) which is now under System of Award Management (SAM)
See the following pages for more information
d. CALENDAR DAYSc. 30 CALENDAR DAYS (%)b. 20 CALENDARDAYS (%)a. 10 CALENDARDAYS (%)
12. DISCOUNT FOR PROMPT PAYMENT PERCENTAGENUMBER
PAGE OF PAGESTHIS RFQ x IS IS NOT A SMALL BUSINESS SET-ASIDEREQUEST FOR QUOTATION
(THIS IS NOT AN ORDER) 341
RATING4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
3. REQUISITION/PURCHASEREQUEST NUMBER
PR1617496
2. DATE ISSUED
07/16/2026
1. REQUEST NUMBER
19LA9026Q0011
6. DELIVER BY (Date)5a. ISSUED BY
7. DELIVERY
x FOB DESTINATION
OTHER
(See Schedule)
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
TELEPHONE NUMBERNAME
General Services Office, U.S. Embassy Vientiane Thadeua road km9 Vientiane Lao
9. DESTINATIONNUMBER
Tel. (856) 21-487-000
AREA CODE
a. NAME OF CONSIGNEE U.S. Embassy VientianeP.D.R 8. TO:
b. STREET ADDRESS Thadeua road km9 Vientiane Lao P.D.R
b. COMPANYa. NAME Kesone Souvanhnaseng E-mail: VientianeProcurement@state.gov
c. CITY Vientiane
c. STREET ADDRESS
e. ZIP CODEd. STATEf. ZIP CODEe. STATEd. CITY
IMPORTANT: This is a request for informationand quotationsfurnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This requestdoes not commit the Government to pay any costs incurredin the preparationof the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representationsand/or certificationsattached to this Request for Quotation must be completedby the quoter.
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR
BEFORE CLOSE OF BUSINESS(Date) before 11:59PM, Local time, July 30, 2026
Schedule of Supplies
No Item Description Quantity Unit Price Amount
01 Toyota Hilux Travo 4TREX, 4WD, Double Cab, 6-Speed Automatic, LHD or equivalent.
Model year 2026, Engine: 2.8L Turbo Diesel (1GD-FTV)
Included: Custom clearance fee, Registration plate number
(Price is exclusive of TAX)
1 unit USD……..…… USD……..………..
Total cost: USD ………………
Please provide prices includes all cost needed to provide the service as per the requirement of the Technical Specifications attached with this RFQ.
1. MINIMUM REQUIRED SPECIFICATIONS:
Toyota Hilux Travo 4TREX Double Cab or Equivalent
Having the following salient characteristics Driver Side Left-hand drive Passenger Capacity 5 Passengers
Warranty
- Manufacturer's Warranty: Five (5) years or 110,000 kilometers, whichever comes first.
- Free scheduled maintenance labor for 2 years or 50,000 kilometers, whichever comes first.
- Powertrain Warranty: 5 years or 100,000 kilometers, whichever comes first.
Engine - Engine Type: 1GD-FTV, 2,755CC, Diesel, 4 Cylinder, 16 Valve DOHC, VNT Turbo Intercooler
- Fuel System: Direct Injection Common Rail
- Max Speed: 176 km/h
- Max Output: 150 kW (201 Hp) @ 3,400 rpm
- Max Torque: 500 Nm @ 1,400–2,800 rpm
Dimension (mm) - Overall (L × W × H): 5,320 × 1,885 × 1,815 mm
- Gross Vehicle Weight: 2,950 kg
- Minimum Turning Radius: 6.3 m
- Wheelbase: 3,085 mm
- Ground Clearance: 312 mm
- Seating Capacity: 5 seats
- Fuel Tank: 80 L
Drivetrain Suspension
- Transmission: 6AT with Sequential Shift
- Drive Modes: ECO / Normal / Sport / MTS (Multi-Terrain Select)
- Drivetrain: 4WD with 2-4WD Switch + Front & Rear Differential Lock
/ Enhanced Suspension / Pitch and Bounce Control System
- Front Suspension: Independent Double Wishbone with Coil Springs and Front Stabilizer Bar
- Rear Suspension: Rigid Axle with Leaf Springs, featuring Heavy Duty
Rear Axle (HD Semi-Floating Banjo Type)
- Brakes: 4-Wheel Disc Brakes (17-inch) with Ventilated Discs + Fixed
Caliper (Front: 4 cylinder & Rear: 1 cylinder)
Interior Ignition: Push Start Multi-Information Display: 12.3-inch Full Digital Meter Display Entertainment System: 12.3-inch Display Audio + Bluetooth, Apple CarPlay + Android Auto / 8 Speakers Leather Steering Wheel: Electric Power Steering / Electric Tilt & Telescopic / Controls: Audio, Phone and Voice Recognition Accessory Power Outlets: 12V DC, USB Type C (×3), AC Inverter 220V/400W / Wireless Smartphone Charger Air Conditioning: Dual-Zone Automatic Climate Control (5 Modes) / Clean Air Filter with Dust Removal (PM 2.5) Leather Seats:
- Driver: 6-way Power Adjustable
- Front Passenger: 4-way Manual Adjustable
- Rear Seats: 60:40 Folding
Power Windows: One-Touch Auto Up/Down for all windows + Jam Protection Storage: Front Console Cool Box Cup Holders: Front (Left & Right) Glove Box: Dampened system Interior Lighting: Cabin Lamps / Overhead Storage PVC Sun Visors:
- Driver Side with Document Holder
- Passenger Side with Vanity Mirror and Lid
Exterior - Headlamps: LED with Welcome Light system and Static Auto Leveling + Daytime Running Light
- Rear Combination Lamps: LED Tail Lamps and High-Mount Stop Lamp (LED)
- Fog Lamps: LED Front & Rear
- Side Mirrors: Power-adjustable and Auto-folding with integrated LED
Turn Signals / 2-point Front Towing Hooks
- Windshield: Acoustic Glass with UV Protection and Noise Reduction +
Wipers with time-adjustable system
- Rear Passenger Glass: Privacy Glass (dark tinted)
- Rear Windshield: Dark-tinted glass + Window Defogger
- Antenna / Tailgate Assist / Tailgate Damper / Side Steps + Rear Deck
Side Steps + Rear Bumper Step Wheels and Tires - 265/60R20 8J (Aluminum Alloy) ×5
Safety - Toyota Safety Sense 3 (TSS 3)
- Pre-Collision System (PCS)
- Adaptive Cruise Control (ACC)
- Lane Departure Alert (LDA)
- Lane Tracing Assist (LTA)
- Automatic High Beam (AHB)
- Adaptive High Beam System (AHS)
- Anti-lock Braking System (ABS)
- Electronic Brakeforce Distribution (EBD)
- Brake Assist (BA)
- Vehicle Stability Control (VSC)
- Limited Slip Differential (LSD)
- Hill-start Assist Control (HAC)
- Downhill Assist Control (DAC)
- Multi-Terrain Select System
- Blind Spot Monitor (BSM)
- Rear Cross Traffic Alert (RCTA)
- Emergency Stop Signal (ESS)
- Parking Support Alert/Brake System
- Clearance Sonar Sensors (Front 4 Sensors & Rear 4
Sensors)
- Rear Cross Traffic Alert System
- Three-Point Seat Belts for All Seating Positions
- Child Restraint System with Child Protector
- Engine Immobilizer with Siren Alarm, Intrusion
Sensor, and Tilt Sensor
- Smart Entry System with Wireless Door Lock
- Rear Window Defogger
- Side Window Defroster
- Parking Brake System
- Rear Parking Support System
- STD Tool Set and User Manual Included
Service requires - Provide the Customer Service point in Laos.
- The replacement parts need to be delivered within one to three days and should easily be found in Laos.
- During the Warranty Period, the contract shall provide 24-hour on-call maintenance service on the guaranteed warranty parts with 100% coverage at no cost. If repairs cannot be performed on the spot, the contractor is responsible for moving vehicles to their facility. Depending on situations, the cost may be charged. Must include manufacturer's warranty on all parts and materials.
Note:
- Brand names, catalogue numbers or are only to provide example; not meant to be restrictive or exclusive unless otherwise indicated as “MUST BE”
To be provided with the bid:
1. The copy certificate of company registration or Unique Entity Identifier (UEI)
2. Provide the vehicle manufacturer's certificate.
3. Following Manuals will be provided with vehicles.
4. Operation Manual in English, Electrical Schematic, Service Manual in English
5. Warranty of products.
6. Required to submit with Bid: Manufacturer, Country of Origin, a CE or ISO certification for Instruments and other devices.
DELIVERY TIME: Within 90-120 days or sooner after the purchase order awarded.
DELIVERY PLACE: U.S. Embassy Vientiane
Ban Somvang Tai, Hatsayfong District Vientiane Capital, Lao P.D.R
TERMS AND CONDITIONS
1. SHIPPING INSTRUCTIONS:
a. SHIP / DELIVERY TO: The Contractor shall contact below point of contact (POC) at least 3 working days prior to delivery to coordinate the delivery schedule.
Mr. Chansavang, Vongsackda ChansavangV1@state.gov Tel: +856 (20) 55520761
Mr. Saiyaosa, Viengdala viengdalasx@state.gov Tel: +856 (20) 55515996
Shipping address:
American Embassy Thadeua Rd Km9 PO Box 114 Somvang Tai Village Hatsayfong District Vientiane, Lao PDR Phone +856 (21) 487 000 PO# 19LA9026Pxxxx
b. INCOTERM: Delivery at place (DAP) with Custom clearance fee, Registration plate number and required procedures.
c. TERM OF DELIVERY: Within 90-120 days or sooner after receipt of order or Modification.
Partial delivery is not authorized.
2. INSPECTION AND ACCEPTANCE: Receiving Officer or his authorized representative at the respective delivery point in Lao shall conduct inspection for condition, quality, quantity count, and final acceptance of the supplies delivered under this Purchase Order.
3. PAYMENT INSTRUCTION:
a. A proper invoice should be submitted for payment upon completion of the service to:
Financial MGT Office - INVOICE US Embassy, Vientiane Thadeau Road Km 9, Ban Somvang Tai Vientiane, Laos or email to:
VientianeInvoices@state.gov
b. Payment enquiries should also be emailed to this email address.
c. Payment shall be made within 30 days of receipt and acceptance of a proper invoice.
mailto:ChansavangV1@state.gov mailto:viengdalasx@state.gov mailto:VientianeInvoices@state.gov
CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS
AWARDED BY OVERSEAS CONTRACTING ACTIVITIES
(Current thru FAC 2022-05, effective 03/2022)
COMMERCIAL ITEMS
52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This purchase order or BPA incorporates the following 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. Also, the full text of a clause may be accessed electronically at this address: Acquisition.gov this address is subject to change.
DOSAR clauses may be accessed at: https://acquisition.gov/dosar
FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:
NUMBER TITLE DATE
52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018
52.204-9 PERSONAL IDENTITY VERIFICATION OF
CONTRACTOR PERSONNEL
JAN 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT
MAINTENANCE
OCT 2018
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY
CODE REPORTING
AUG 2020
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY
CODE MAINTENANCE
AUG 2020
52.212-4 CONTRACT TERMS AND CONDITIONS—
COMMERCIAL ITEMS
NOV 2021
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-
DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS
AUG 2018
52.225-19 CONTRACTOR PERSONNEL IN A DIPLOMATIC
OR CONSULAR MISSION OUTSIDE THE UNITED
STATES
MAY 2020
52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007
52.228-3 WORKERS’COMPENSATION INSURANCE JUL 2014
52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD
INSURANCE
APR 1984
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN 2022
52.246-26 REPORTING NONCONFORMING ITEMS NOV 2021
The following clauses are provided in full text:
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract , subcontract , or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services —Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services , or any equipment , system, or service that uses covered telecommunications equipment or services " in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions . As used in this provision— Backhaul , covered telecommunications equipment or services , critical technology , interconnection arrangements , reasonable inquiry , roaming , and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services , regardless of whether that use is in performance of work under a Federal contract .
Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul , roaming , or interconnection arrangements ; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services ".
(d) Representation. The Offeror represents that—
(1) It □ will, □ will not provide covered telecommunications equipment or services to the
Government in the performance of any contract , subcontract or other contractual instrument resulting from this solicitation . The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry , for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services , or use any equipment , system, or service that uses covered telecommunications equipment or services .
The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer :
(i) For covered equipment —
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer :
(i) For covered equipment —
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier , CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;
and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-25 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.
(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 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)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (OCT 2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for
Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL
ITEMS (NOV 2021)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.
(a) Definitions . As used in this provision— "Covered telecommunications equipment or services " has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
http://www.sam.gov/
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror , or that owns or controls one or more entities that control an immediate owner of the offeror . No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror , that has direct control of the offeror . Indicators of control include, but are not limited to, one or more of the following:
ownership or interlocking management, identity of interests among family members, shared facilities and equipment , and the common use of employees.
Inverted domestic corporation , means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials ;
(2) Product or Service Group (PSG) 87, Agricultural Supplies ;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials ;
(6) PSC 9430, Miscellaneous Crude Animal Products , Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products ;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials .
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture .
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor .
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment , as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan ;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended."Sensitive technology "—
Sensitive technology —
(1) Means hardware, software, telecommunications equipment , or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern —
(1) Means a small business concern —
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).
Small business concern —
(1) Means a concern, including its affiliates , that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation .
(2) Affiliates , as used in this definition , means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern , consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition , that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States ; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);
and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition .
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor " does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
Veteran-owned small business concern means a small business concern —
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38
U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States .
Women-owned small business concern means a small business concern —
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information , the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation ), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer .
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] http://www.sam.gov/
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas . Check all that apply.
(1) Small business concern . The offeror represents as part of its offer that it □ is, □ is not a small business concern .
(2) Veteran-owned small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern .
(3) Service-disabled veteran-owned small business concern . [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern .
(4) Small disadvantaged business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.
(5) Women-owned small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern .
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-
(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern .
[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold .
(8) Women-owned business concern (other than small business concern ). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid , small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer , that–
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.
[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order11246-
(1) Previous contracts and compliance. The offeror represents that-
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the
Equal Opportunity clause of this solicitation ; and
(ii) It □ has, □ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-
(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer , the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract . If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract , the offeror shall complete and submit, with its offer , OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made .
http://uscode.house.gov/
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies , is included in this solicitation .)
(1)
(i) The Offeror certifies that each end product , except those listed in paragraph (f)(2) of this provision, is a domestic end product .
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products .
(iii) The terms "domestic end product ," "end product ," "foreign end product ," and "United States " are defined in the clause of this solicitation entitled "Buy American-Supplies ."
(2) Foreign End Products :
Line Item No. Country of Origin
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of
FAR part 25.
(g)
(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation .)
(i)
(A) The Offeror certifies that each end product , except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product .
(B) The terms…
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