26Q0059_RFQ document.pdf

August 21, 2026

To: Prospective Offerors

Subject: Request for Quotations 19PE5026Q0059 – Preventive Maintenance of

Cooling Towers 1&2

Enclosed is a Request for Quotations (RFQ) for the maintenance service to Cooling Towers #1 and #2 located at the Chancery building in the Embassy in Lima, Peru. 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 email address shown below. The RFQ consists of the following parts:

1. Section 1: Standard Form SF-1449

2. Section 2: Statement of Work

3. Section 3: Solicitation Provisions and Instructions to Offerors

4. Section 4: Evaluation Factors

5. Section 5: FAR & DOSAR clauses

A site visit will be held on August 25, 2026 at 10:00 a.m. Please submit the full name and DNI of people attending the visit to Mr. Christian Rivas at RivasCR@state.gov no later than August 24 at 9 a.m. to get the authorization to enter the building.

Questions regarding this RFQ must be sent in English to the same email address no later than August 26, 2026; the answers to these questions will be advertised within the same RFQ notice in the System for Award Management (SAM) on August 31, 2026.

Quotations are due by September 4, 2026 at 4 p.m., Lima time. Quotations must be in English and incomplete quotations will not be accepted. Your quotation must be submitted electronically to Mr. Patrick McElroy at McElroyPH@state.gov and Mr.

Christian Rivas at RivasCR@state.gov in a single file using Word or PDF file format.

Embassy of the United States of America

Lima, Peru mailto:RivasCR@state.gov mailto:McElroyPH@state.gov mailto:RivasCR@state.gov

For a quotation to be considered you must complete and submit the following:

• Section 1: the blanks 12, 17, 23, 24 and 30 of Standard Form SF-1449

• Section 3- information as requested

Offerors are not required to have an active registration in the System for Award

Management (SAM) at the time of quotation submission. Offerors that do not have an active SAM registration shall complete the applicable portions of FAR 52.204-

90, Offeror Identification, and provide the required identification information with their quotation.

The Government intends to award a firm-fixed-price purchase order to the responsible offeror whose quotation is technically acceptable, complies with all solicitation requirements, and offers the lowest evaluated price.

Sincerely, Patrick McElroy Contracting Officer

Enclosure: As stated

08/20/2026 18:41 GMT

McElroy, Patrick (McElroyPH@state.gov)

AUTORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR16178810

PAGE 1 OF 23 PAGES

2. CONTRACT NO. 3. AWARD/ EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

19PE5026Q0059

6. SOLICITATION ISSUE

DATE

08/21/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Christian R Rivas

b. TELEPHONE NUMBER(No collect calls) +51 618-2192

8. OFFER DUE DATE/

LOCAL TIME

09/04/2026 / 16:00

CODE PE500 10. THIS ACQUISITION IS x UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS: 811310

EDWOSB EMERGING SMALL BUSINESS

9. ISSUED BY

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco ATTN: GSO/Procurement Lima

PERU

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS 8 (A) SIZE STANDARD:

13b. RATING11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

x RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Warehouse Lima

PERU

AMERICAN EMBASSY LIMA

Av. Lima Polo cdra 2 s/n, Monterrico, Surco ATTN: GSO/Procurement Lima

PERU

CODE FACILITY

CODE

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY LIMA

AV. Lima Polo cdra 1 s/n Monterrico-Surco

ATTN: FMO / DBO

Lima 33

PERU

CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

(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 IN FULL TEXT FAR 52.212-1, 52.212-4. ADDENDA x ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _ __ COPIES

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

Patrick McElroy

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

41.a. 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. 2/2012) BACK

Solicitation for annual maintenance service to Cooling Towers 1 & 2 (Marley SPX) located at the Chancery Building in accordance with the attached Statement of Work, as follows:

Cooling Tower Marley NC8402HAN1 (S/N 10226391-A1)

Cooling Tower Marley NC8402HAN1 (S/N 10226391-B1) service service

Page | 3

SECTION 2 - STATEMENT OF WORK (SOW)

I. GENERAL INFORMATION:

The United States Embassy in Lima, Peru requires professional services and contractor cost proposals to perform preventive maintenance services of the facility’s Cooling Towers.

II. PROJECT REQUIREMENTS:

DESCRIPTION OF EQUIPMENT *:

1. Cooling Tower Marley NC8402HAN1 S/N 10226391-A1 of 540 GPM

Installation Finished October 2023.

2. Cooling Tower Marley NC8402HAN1 S/N 10226391-B1 of 540 GPM

Installation Finished November 2023.

III. GENERAL REQUIREMENTS:

The Contractor under this SOW shall be responsible for labor, tools, and materials required to carry out all preventive maintenance as outlined in this SOW. The technician shall sign off on every task specified in the Statement of Work and will provide a typewritten copy of their report to the Embassy representative within five business days of each maintenance visit.

The Government has the following manual:

1. MARLEY NC Steel Cooling Tower User Manual. INSTALLATION -

OPERATION – MAINTENANCE. Z0628276_G ISSUED 10/2022.

IV. SCOPE OF WORK - - COOLING TOWER MAINTENANCE

Contractor shall provide all materials, supervision, labor, tools and equipment to perform preventive maintenance. All personnel working in the vicinity shall wear and /or use safety protection while all work is performed. Any questions or injuries shall be brought to the attention of the Post Occupation Safety and Health Officer (POSHO) immediately. Material Safety Data Sheets (MSDS) shall be provided by the Contractor for all HAZMAT materials. Copies shall be provided to the Embassy representative for approval.

Page | 4

If any discrepancies are found with the Cooling Towers that are not covered under this scope of work, then the contractor shall provide the following:

1. Detailed report noting the discrepancy found.

2. Bill of Materials (BOM) to include component name, quantity, part number

#, and price for any repair material required and material lead time.

3. Price quote for repair labor.

The contractor must not perform corrective repairs outside this SOW without a written modification/order signed by the Contracting Officer .

At a minimum, the following work shall be done:

COOLING TOWERS

Mechanical and electrical maintenance procedures:

Annually:

1. General inspection of condition and operation.

2. Observation of the operation of:

a. Mechanical components: Motor, fan, transmission mechanism, paying attention to excessive or strange noises and vibrations.

3. Inspection and cleaning of:

a. Air intake ports.

b. Droplet eliminators.

c. Nozzle distribution tank (hot water tub) and cold water collection tank (cold water tub).

d. External part of the fan motor.

4. Verification and adjustment of:

a. Water collection tank level.

b. Purge, as necessary.

5. Inspection of the horizontal water inlet control valve (HC).

6. Belt and pulley transmission system:

a. Lubrication of the fan shaft bearing.

b. Review and adjustment of support fixators.

c. Check shaft, pulley and belt alignment.

d. Check the tension and condition of the belt.

7. Fan:

Page | 5

a. Check and adjust the blades and hub fasteners.

b. Review of the position and margin at the end of the blade.

c. Check for loose fasteners on the fan cylinder.

8. Motor:

a. Check the tightness of the mounting bolts.

b. Painting with epoxy paint.

9. Structure:

a. Inspection and adjustment of all bolts.

b. Inspection of all metal surfaces.

10. Replacement of the following components using spare parts provided by the client:

a. Drive belts; alignment and belt tension check.

b. Mesh filters (MarleyGard basin filters) and their grilles, in the hot water basins.

11. Electrical Components:

a. Maintenance of the electric motor and parts: disassembly of the motor, change of bearings, stator, air varnishing, resistance measuring, lubrication.

b. Control panel maintenance: cleaning contacts with dielectric solvent, adjustment of contacts, terminals, terminal blocks, contactors, relays and selectors. Test operation.

c. Check and clean the water level sensor.

d. Functional test and adjustments of the control protection system.

12. The painting service for the Marley tower's metal support structure consists of:

a. Removing corrosion where present and preparing the surface to be painted (the entire support structure) by sanding.

b. Applying a zinc chromate base coat (anti-corrosive primer).

c. Applying a protective enamel finish coat.

V. SAFETY AND SPECIAL REQUIREMENTS:

1. Contractor’s personnel will follow all site safety procedures and supervisor’s instructions. Daily job hazard analysis will be performed by working crew.

2. Contractor will bring standardized scaffolds and ladders to perform the work.

3. Contractor will include the SCTR insurance for all their personnel working at the Embassy.

4. Schedule outage of cooling towers with operating personnel.

5. Use extreme caution when climbing access ladders and scaffolds.

Page | 6

6. Perform applicable lockout/tag out steps of site safety procedures. Contractor will bring their locks.

7. Lockout and disconnect the main power before tightening the main supply lugs in order to avoid the hazard of electrical shock, which could result in serious personal injury or death.

8. Record and report equipment damage or deficiencies.

9. Review and follow the manufacturer’s O&M instructions.

10. Record results in the equipment history log.

11. Allow only qualified personnel to do maintenance work on this equipment.

12. The recirculating water system may contain chemicals or biological contaminants, including Legionella, which could be harmful if inhaled or ingested. Personnel exposed directly to the discharge airstream and the associated drift mists, generated during operation of the water distribution system and/or fans, or mists produced by high pressure water jets or compressed air (if used to clean components of the recirculating water system), must wear respiratory protection equipment approved for such use by governmental occupational safety and health authorities.

END OF STATEMENT OF WORK

Page | 7

SECTION 3 – SOLICITATION PROVISIONS AND

INSTRUCTIONS TO OFFERORS

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (SEP 2023) (DEVIATION JAN

2026)

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

(1) The solicitation number;

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

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

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

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

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

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

Page | 8

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

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

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

(e) Debriefings. If a post award debriefing is given to requesting Offerors, the

Government will disclose the following information, if applicable:

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

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

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

(4) A summary of the rationale for award.

Page | 9

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

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

(End of provision)

ADDENDUM TO 52.212-1

A. Summary of Instructions. Each offer must consist of the following:

A.1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 23, 24 and 30) has been filled out.

A.2. Information demonstrating the offeror’s ability to perform:

(1) The offeror shall provide name, telephone number, and email address of the contractor's authorized representative responsible for contract administration.

(2) The offeror shall demonstrate by submitting references (company name and contact information) a minimum of 3-year experience providing similar services.

(3) Offerors are not required to have an active registration in the System for

Award Management (SAM) at the time of quotation submission. Offerors that do not have an active SAM registration shall complete the applicable portions of

FAR 52.204-90, Offeror Identification, and provide the identification information with their quotation.

52.204-90 OFFEROR IDENTIFICATION (JAN 2026)

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— https://www.sam.gov/

Page | 10

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) https://www.sam.gov/

Page | 11

□ 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:

Page | 12

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/abou t/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.”

https://cage.dla.mil/ https://www.nato.int/structur/ac/135/about/contacts https://www.nato.int/structur/ac/135/about/contacts https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

Page | 13

(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.

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) (DEVIATION JAN 2026)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors will be used to evaluate offers:

Described in Section 4

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

THE FOLLOWING FEDERAL ACQUISITION REGULATION

SOLICITATION PROVISIONS ARE INCORPORATED BY REFERENCE

NUMBER TITLE DATE

52.203-18 PROHIBITION ON CONTRACTING WITH

ENTITIES THAT REQUIRE CERTAIN

JAN 2017

Page | 14

INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS-

REPRESENTATION

52.209-2

PROHIBITION ON CONTRACTING WITH

INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION

NOV 2015

(DEVIATION

JAN 2026)

52.240-90 SECURITY PROHIBITIONS AND

EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS

JAN 2026

52.252-1 SOLICITATION PROVISIONS

INCORPORATED BY REFERENCE

FEB 1998

52.252-5 AUTHORIZED DEVIATIONS IN

PROVISIONS.

NOV 2020

Page | 15

SECTION 4 – EVALUATION FACTORS

The Government intends to award a firm-fixed-price purchase order to the responsible quoter whose quotation:

• is technically acceptable (including experience)

• complies with all solicitation requirements, and

• offers the lowest evaluated price.

Per FAR 9.104-1, to demonstrate responsibility, a prospective contractor must:

• Have adequate financial resources or the ability to obtain them;

• Be able to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;

• Have a satisfactory record of integrity and business ethics;

• Have the necessary organization, experience, and skills or the ability to obtain them;

• Have the necessary equipment and facilities or the ability to obtain them; and

• Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

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SECTION 5 - FAR & DOSAR CLAUSES

52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023) (DEVIATION JAN 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

Page | 17

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

Page | 18

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the

Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

Page | 19

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the

Page | 20 reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement

Page | 21

(EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause does not require the Contractor to create or maintain any

Page | 22 record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(End of clause)

52.252-2 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: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide ; this address is subject to change.

DOSAR clauses may be accessed at: https://acquisition.gov/dosar

FEDERAL ACQUISITION REGULATION CLAUSES

52.203-17 CONTRACTOR EMPLOYEE

WHISTLEBLOWER RIGHTS

NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN

INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS

JAN 2017

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.204-91 CONTRACTOR IDENTIFICATION JAN 2026

52.209-10 PROHIBITION ON CONTRACTING WITH

INVERTED DOMESTIC CORPORATIONS

NOV 2015

(DEVIATION

JAN 2026)

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2025

(DEVIATION

FEB 2026)

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://acquisition.gov/dosar

Page | 23

52.226-8 ENCOURAGING CONTRACTOR POLICIES

TO BAN TEXT MESSAGING WHILE

DRIVING

MAY 2024

52.232-34 PAYMENT BY ELECTRONIC FUNDS

TRANSFER-OTHER THAN SYSTEM FOR

AWARD MANAGEMENT

JUL 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS

TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

(DEVIATION

JAN 2026)

52.233-4

APPLICABLE LAW FOR BREACH OF

CONTRACT CLAIM

OCT 2004

(DEVIATION

52.240-91

SECURITY PROHIBITIONS AND

EXCLUSIONS

JAN 2026

52.244-6 SUBCONTRACTS FOR COMMERCIAL

PRODUCTS AND COMMERCIAL

SERVICES

OCT 2025

(DEVIATION

52.252-6

AUTHORIZED DEVIATIONS IN CLAUSES. NOV 2020

DEPARTMENT OF STATE ACQUISITION REGULATION CLAUSES

652.229-71 PERSONAL PROPERTY DISPOSITION AT

POSTS ABROAD

AUG 1999

652.242-73 AUTHORIZATION AND PERFORMANCE AUG 1999

652.243-70 NOTICES AUG 1999