RFQ 19ES6027Q0003 SIGNED.pdf
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- Attached to
- BALLISTIC HELMET AND SHIELD - SUPPLY
- Solicitation number
- 19ES6027Q0003
About this file
This is a Request for Quotation (RFQ) issued by the U.S. Embassy in San Salvador for the purchase and delivery of ballistic protective equipment. The solicitation number is 19ES6027Q0003, with a deadline for quotations of Monday, October 26, 2026, at 10:30 AM (CST). The Government intends to award a firm-fixed-price contract to the lowest-priced, acceptable, responsible quoter without discussions, though discussions may be held if necessary. Quotations must be submitted electronically to PintoAM@state.gov and must be in English with complete proposals. Quoters must complete and submit Standard Form 1449, Section I (Pricing), Section 5 (Representations and Certifications), and proof of active System for Award Management (SAM) registration prior to submission.
The procurement requires thirty (30) new NIJ Level IIIA ballistic combat helmets (Ops-Core FAST SF Next Generation Headborne System) in black, with 24 in medium and 6 in large sizes, and two (2) new NIJ Level III/III+ rifle-rated tactical ballistic shields. The helmets must include ARC accessory rails, night-vision mounts, and adjustable retention systems with a minimum two-year manufacturer's warranty. One shield must be 21" x 36" with NIJ Level III+ protection, viewport, and 1,000-lumen LED/strobe light (Paraclete Trifecta X or equal); the second must be 20" x 30" with NIJ Level III protection and weapon mount system (Paraclete Bellator III or equal). All items must be brand new, original from the manufacturer, and free of components from the People's Republic of China. Delivery must be to SUVI Global Services, 11380 NW 34th Street, Doral, FL 33178, within 90 days of contract award in a single consolidated shipment. Contractors must demonstrate at least five years of experience supplying NIJ-certified ballistic equipment, provide three references from similar contracts, maintain active SAM registration, provide OEM traceability documentation, and supply product specification sheets and photographs. The Government reserves the right to reject unreasonably low or high prices and proposals that fail to meet NIJ certification standards or lack proper country-of-origin documentation.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
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
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
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 Government Use Only)
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
29. AWARD OF CONTRACT: REFERENCE 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
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. PR15834276
19ES6027Q0003
Alejandra Michelle Pinto +503 2501-2812
19ES60
General Services Office / PROCUREMENT Alejandra Michelle Pinto Pintoam@state.gov
19ES60
Sadie Thimsen Contracting Officer
American Embassy, San Salvador Financial Management Office
1 Ballistic helmet level NIJ IIIA (black) Brand: Ops-Core FAS 24 ea SF Next Generation Headborne System, Size Medium
2 Ballistic helmet level NIJ IIIA (black) Brand: Ops-Core FAS 6 ea Generation Headborne System, Size: Large
3 BALLISTIC Shield 21” X 36 Brand: Point Blank TRIFECTA 1 ea
PARACLETETRIFECTA X or equal BALLISTIC 20” X 30” Level II protection Brand: BELLATOR 1 ea III 20 X 30 SHIELD W/VP LT or equal
SADIE THIMSEN 10/13/2026
10/13/2026
10/26/2026
10:30AM(CST)
General Services Office American Embassy, San Salvador
19ES60
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NUMBER
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:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE
• SF 18 or SF 1449 cover sheet
• Continuation To SF-1449, RFQ Number 19ES6027Q0003. Prices, Block
• Continuation To SF-1449, RFQ Number 19ES6027Q0003, Schedule of
Supplies/Services, Block 20 Description/Specifications/Work Statement
• Attachment 1 to Description/Specifications/Statement of Work, Government Furnished Property
SECTION 2 - CONTRACT CLAUSES
• Contract Clauses
• Addendum to Contract Clauses - FAR and DOSAR Clauses not
Prescribed in Part 12
SECTION 3 - SOLICITATION PROVISIONS
• Solicitation Provisions
• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not
Prescribed in Part 12
SECTION 4 - EVALUATION FACTORS
• Evaluation Factors
• Addendum to Evaluation Factors - FAR and DOSAR Provisions not
Prescribed in Part 12
SECTION 5 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS
• Offeror Representations and Certifications
• Addendum to Offeror Representations and Certifications - FAR and
DOSAR Provisions not Prescribed in Part 12
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449
RFQ NUMBER S- 19ES6027Q0003
PRICES, BLOCK 23
I. TECHNICAL SPECIFICATIONS
The Contractor shall deliver thirty (30) new NIJ Level IIIA ballistic combat helmets (Ops-Core FAST SF high-cut or equal) and two (2) new NIJ Level III/III+ rifle-rated tactical ballistic shields (Paraclete Trifecta X and Paraclete Bellator III, or equal) to the U.S. Embassy/Consulate of San Salvador.
This is a firm-fixed price type of purchase order/contract.
The price listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to the [] American Embassy/Consulate, [X] U.S. Dispatch Agent located in 11380 NW 34th St, Doral, FL 33178.
All prices are in USD currency.
1.1 BALLISTIC HELMET LEVEL NIJ IIIA (black)
Brand name Ops-Core FAST SF Next Generation Headborne System Quantity: 30 Specifications: • Performance Specification: Modified and abbreviated family or tactical head borne systems. Ops-Core Performance specification: FAST SF PS-1608 High cut
• NIJ Standards: NIJ 0106.01 with NIJ 0108.01 Level IIIA (9mm FMJ@ 1,440 ft/s) threat
• U.S. Army AR/PD 10-02 or equivalent military ballistic fragmentation standard
• Compression testing: Top-Bottom = .020” (0.51mm) Max @ 400 lbs. (181.44 kg), side-side = .125” (3.18mm) Max@300 lbs. (136.08kg).
• Weight: Approx. 557 g (1.23 lbs) for size L (excluding accessories)
• Environmental resistance: Temperature storage and operating ambient, cold -60°F (-51°C) and hot +160°F (71°C) temperature sock, flame resistance, altitude, seawater, field agent resistance, chemical exposure.
• Blunt impact protection: 150g’s maximum at 10 ft/s.
Maximum allowable dent 0.023”
• Shell construction: Advanced composite ballistic shell (aramid/UHMWPE hybrid or equivalent)
• Shell thickness: 0.170” (4.32mm) or equivalent
• OEM Authenticity and Traceability Requirement
• High-cut helmet with integrated ARC rails (Ops-Core or compatible standard)
• Color: Black
Required Features • Integrated ARC rail system for accessory mounting
• Modular suspension and retention system (adjustable), including Lockdown Comfort Liner or equivalent
• Integrated NVG shroud compatible with Wilcox L4 G24 dovetail mount (AN/PVS-14 and AN/PVS-31 compatible)
• Cable management system for NVG and communications, including integrated routing channels or equivalent solution
• Modular bungee retention system (MBS or equivalent) for
NVG stabilization
• External Velcro loop panels for accessory attachment
• Adjustable 4-point retention system (Head-Loc Flex or equivalent), compatible with CBRN/O2 mask use Size (24) M, (6) L GSA Reference Product Detail
OPS-CORE FAST® SF Next Generation Headborne System Warranty: 2 years https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000124189694 https://shop.gentexcorp.com/ops-core-fast-sf-next-generation-headborne-system/
1.2 BALLISTIC Shield 21” X 36
Brand name or equal Point Blank TRIFECTA / PARACLETE TRIFECTA X Quantity: 1 Ballistic Performance: NIJ Standard 0101.06 Level III (or NIJ 0108.01 equivalent rifle-rated protection) Tested and compliant against the following threats at NIJ specified velocities:
• 7.62mm x 51mm (M80)
• 7.62mm x 39mm PS Ball (MSC)
• 5.56mm x 45mm M855 (SS109)
• 5.56mm x 45mm Tactical Bonded (TC)
Backface Deformation (BFD) shall not exceed NIJ allowable limits under specified ballistic testing conditions
Required Features : Level III+ Protection. Rifle-rated ballistic protection Enhanced Level III capable of defeating 5.56mm M855 (steel penetrator)
• Components in the interior of the shield:
1. Stationary handle
2. Thick high density foam pad
3. Unique hook/loop fastener forearm strap attachment system
• Federal Standard NIJ-STD-0108.01 Level III Compliant
• Ballistic Material – Hybrid Composite
• Size is 21” x 36”
• Weight with Viewport and light is less than 35 lbs.
• Viewport – 3” x 9”
• LED light with strobe mode
• Integrated 1,000 Lumens light, strobe mode capability
• Transport bag
GSA Reference Product Detail
Trifecta X | PARACLETE https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000060630923 https://www.pointblankenterprises.com/paraclete/trifecta-x.html
1.3 BALLISTIC Shield 20” X 30” Level III protection
Brand name or equal BELLATOR III 20 X 30 SHIELD W/VP LT Quantity: 1 Ballistic Performance: • NIJ Standard 0101.06 Level III (or NIJ 0108.01 equivalent rifle-rated protection)
• Tested and compliant against the following threats at NIJ specified velocities:
• 7.62mm x 51mm (M80)
• 7.62mm x 39mm lead core (LCCJ)
• 5.56 x 45mm (M193)
• Blackface Deformation (BFD) shall not exceed NIJ allowable limits under specified ballistic testing conditions Features • Size 20” x 30” – 20 lbs weight with light
• Level III protection
• NIJ-STD-0108.01
• Weapon Mount System (WMS)
• Ballistic Material - Hybrid composite
• Two shooting platforms for accurate handgun and long-gun deployment
• Interior options:
• Stationary handle
• Tri-Grip Handle
• Unique Hook and Loop forearm strap attachment system
• View Port Reinforced on all edges for added protection
• Reinforced Bolt System for added protection
• 3” x 9” Reinforced Viewport
• Recessed Viewport to provide additional protection against
• abrasive contact
GSA Reference Product Detail Bellator III | PARACLETE
Warranty: 2 years https://www.gsaadvantage.gov/advantage/ws/catalog/product_detail?gsin=11000097397032 https://www.pointblankenterprises.com/paraclete/bellator-iii.html
II. PRICING
Line Item Description
Unit
Unit Price
Est.
Quantity Total Price
Ballistic helmet level NIJ IIIA (black) Brand: Ops-Core FAST SF Next Generation Headborne System Size: Medium ea 24
Ballistic helmet level NIJ IIIA (black) Brand: Ops-Core FAST SF Next Generation Headborne System Size: Large ea 6
BALLISTIC Shield 21” X 36 Brand: Point Blank TRIFECTA / PARACLETETRIFECTA X or equal ea 1
BALLISTIC 20” X 30” Level II protection Brand: BELLATOR III 20 X 30 SHIELD W/VP LT or equal ea 1
Grand Total
III. WARRANTY REQUIREMENTS
A. Ballistic Helmets: The Contractor shall provide a minimum two (2) -year manufacturer's warranty from the date of final acceptance, covering defects in materials, workmanship, and failure of ballistic performance under normal use conditions.
B. Ballistic Shields: The Contractor shall provide the manufacturer's standard warranty (minimum coverage terms to be disclosed at proposal submission) covering ballistic integrity, structural components, and integrated electronics (LED/strobe light).
C. Warranty coverage shall include, at a minimum:
• Replacement or repair of defective units at no cost to the Government;
• Coverage for shell delamination, retention system failure, and electronic component malfunction;
• A clearly defined process and point of contact for warranty claims.
D. Warranty documentation, including registration cards or activation instructions, shall be delivered with each unit.
IV. INSPECTION AND ACCEPTANCE
A. All delivered items shall be subject to Government inspection a designated representative of the US Embassy in El Salvador will be responsible for carrying out at least the following checks of the required elements:
• i Quantities
• ii Compliance with the technical specifications offered
• iii Compliance with delivery date
• iv Correct operation of the required elements:
B. The Government reserves the right to reject any items that fail to meet NIJ certification standards, exhibit signs of counterfeit manufacture, or lack proper country-of-origin/export documentation.
C. Final acceptance shall occur only after successful inspection and verification of all required documentation.
V. EXPORT REQUIREMENTS
The Contractor shall comply with all applicable United States export regulations.
If export licenses or other authorizations are required, the Contractor shall obtain all approvals prior to shipment.
The Contractor shall ensure compliance with all applicable U.S. export control laws and regulations.
VI. PACKING AND MARKING
One copy of the packing list and commercial invoice shall accompany the shipment.
All packaging materials shall adequately protect the safes during transportation and storage.
Any wood packaging material shall comply with ISPM 15 requirements.
Improperly packaged or marked shipments may be rejected by the Government.
VII. SOURCE, ORIGIN AND MANUFACTURING RESTRICTIONS
A. Prohibition on Chinese-Origin Components. The Contractor shall not supply any product, subcomponent, or covered material manufactured, assembled, or sourced from any entity domiciled in, or subject to the jurisdiction of, the People's Republic of China (PRC).
B. The Contractor shall certify, in writing, the country of origin for all ballistic shells, composite materials, retention systems, and electronic components (e.g., LED lighting systems) prior to award and shall maintain supply chain documentation for the life of the contract.
C. OEM Authenticity and Traceability. All helmets shall be sourced directly from the Original Equipment Manufacturer (OEM) or an authorized OEM distributor. The Contractor shall provide documentation establishing an unbroken chain of custody and authenticity (e.g., OEM certificates, lot/serial number traceability) to guard against counterfeit or gray-market ballistic products.
VIII. ADDITIONAL CONSIDERATIONS
• The equipment must comply with applicable international standards (NIJ, MIL-SPEC, or other equivalents).
• All equipment must be brand new, original from the manufacturer, and not refurbished.
• The contractor must have SAM registration (System for Award Management) is required.
• The Contractor must provide pictures reference for final approval.
• The Contractor must quote OEM new product, and not open box product, because it will not be considered for this process ̧due to US Government acquisition regulations.
CONTINUATION TO SF-1449
RFQ NUMBER 19ES6027Q0003
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
I. DESCRIPTION/WORK STATEMENT
The International Narcotics Affairs Section (INL) at U.S. Embassy San Salvador needs new ballistic protective equipment. The Contractor shall provide thirty (30) black, high-cut NIJ Level IIIA ballistic combat helmets (Ops-Core FAST SF or equal), with 24 in medium and 6 in large. Each helmet must include ARC accessory rails, a night-vision mount, and an adjustable retention system. The Contractor shall also provide two (2) rifle-rated tactical ballistic shields. The first is a 21" x 36" NIJ Level III+ shield with a viewport and a 1,000-lumen LED/strobe light (Paraclete Trifecta X or equal). The second is a 20" x 30" NIJ Level III shield with a weapon mount system and a reinforced viewport (Paraclete Bellator III or equal).
All items must be brand new, original from the manufacturer, and free of components from the People's Republic of China. The Contractor must have an active SAM registration and at least five years of experience supplying NIJ-certified ballistic equipment. It must also provide OEM traceability documentation and a manufacturer's warranty of at least two years for the helmets. The full order must arrive in a single shipment.
II. DELIVERY LOCATION AND TIME
A. The Contractor shall deliver all ordered items to the U.S. Dispatch Agent.
The address is:
SUVI GLOBAL SERVICES
11380 NW 34th Street Doral, FL 33178
B. The Contractor shall deliver all items not later than 90 days after date of contract award. Contractor shall consolidate the entire shipment to prevent loss and misdirection. Partial shipments are not allowed.
C. Any Contractor personnel involved with the delivery of the items shall comply with standard U.S. Embassy regulations for receiving supplies. The Contracting Officer's Representative (COR) will be responsible for instructing contractor personnel at the time deliveries are made.
SECTION 2 - CONTRACT CLAUSES
52.212-4 TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES.
(JAN 2026) IS INCORPORATED BY REFERENCE. (SEE
SF-1449,
BLOCK 27A)
ADD THE FOLLOWING CLAUSE IN FULL TEXT:
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—
NOTICE AND REPRESENTATION (FEB 2021)
(a) Definitions. As used in this clause—
Foreign person means any person other than a United States person.
United States person, as defined in 26 U.S.C. 7701(a)(30), means–
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim
(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c)
(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.
(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements— Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–
(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and
(ii) Comply with paragraph (c)(1) of this clause.
(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 https://www.acquisition.gov/far/52.229-11#FAR_52_229_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.
(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.
(f) Taxes imposed under 26 U.S.C. 5000C may not be—
(1) Included in the contract price; nor
(2) Reimbursed.
(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of clause) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/help/tax-law-questions
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far-overhaul
THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR)
CLAUSES ARE INCORPORATED BY REFERENCE:
CLAUSE TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
AND REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS (JUN 2020)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE
(JAN 2026)
52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (JAN
2026)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND
TRANSLATION OF CONTRACT (FEB 2026)
52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED
OBLIGATIONS
(JUNE 2013)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
(JAN 2017)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS (JAN 2026)
52.233-3 PROTEST AFTER AWARD (JAN2026)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT
CLAIM (JAN 2026)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT (NOV 2021)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-
TIER SUBCONTRACT AWARDS (JAN 2026)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS
(JAN 2026)
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRES,
SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN
2026)
52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES
AND REMEDIES (FEB 2026)
52.222-50 COMBATING TRAFFICKING IN PERSON (FEB 2026)
52.225-1 BUY AMERICAN-SUPPLIES (FEB 2026)
52.225-5 TRADE AGREEMENTS (DEC 2022)
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB
2021)
52.232-29 TERMS FOR FINANCING OF PURCHASE OF
COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-
SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER-OTHER
THAN SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG
COMMERCIAL VESSELS (FEB 2027)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND
CONDUCT (NOV 2021)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS
(JAN 2017)
52.222-41 SERVICE CONTRACT LABOR STANDARS (AUG 2018)
52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE
CONTRACT LABOR STANDARDS TO CONTRACTS FOR
MAINTENANCE, CALIBRATION, OR REPAIR OF
CERTAIN EQUIPMENT—REQUIREMENTS (MAY 2014)
52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE
CONTRACT LABOR STANDARS TO CONTRACTS FOR
CERTAIN SERVICES REQUIREMENTS (FEB 2026)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (FEB 2026)
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS
UNDER EXECUTIVE ORDER 14026 (JAN 2022)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706
(JAN 2022)
52.232-90 FAST PAYMENT PROCEDURES (FEB 2026)
52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS (APR 2026)
THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL
TEXT:
52.204-91 CONTRACTOR IDENTIFICATION (JAN 2026)
Definitions. As used in this clause—
Commercial and Government Entity code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).
Unique entity identifier means an identifier used to identify a specific commercial, nonprofit, or Government entity.
(b) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.
(c) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract.
The Contractor shall request changes to a CAGE code as indicated in the following table.
If the contractor is… Then… Registered in the System for Award Management (SAM)
Initiate the change by updating its SAM registration
Located in the United States or its outlying areas and is not registered in SAM
Submit a change request to the DLA CAGE Branch via https://cage.dla.mil
Located outside the United States and its outlying areas and is not registered in SAM
Request a change by contacting the appropriate National Codification Bureau (https://www.nato.int/structur/ac/135/about/contacts or
NSPA
(https://eportal.nspa.nato.int/AC135Public/scage/Cage List.aspx)
(d) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.
(End of clause)
652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT
OF 1979, AS AMENDED (AUG 1999)
(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration https://cage.dla.mil/ https://www.nato.int/structur/ac/135/about/contacts https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx
Act:
(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;
(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;
(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;
(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;
(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,
(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.
(b) Under Section 8(a), the following types of activities are not forbidden ``compliance with the boycott,'' and are therefore exempted from
Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above:
(1) Complying or agreeing to comply with requirements:
(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,
(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;
(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;
(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;
(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;
(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,
(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.
652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR
CONTRACTORS WITHIN THE UNITED STATES (JUL
1988)
This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.
The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.
652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION
(FIXED-PRICE) (AUG 1999)
(a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.
(c) Contractor Remittance Address. The Government will make payment to the contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:
Please submit your invoice through the vendor portal log in
MY GRANTS (servicenowservices.com). If you have any
Questions regarding the use of Portal, please reach out to
SanSalvadorFMO-DBO@state.gov
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)
AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(a) The COR for this contract is INL Logistic coordinator.
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The Contractor warrants the following:
(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;
(2) That is has obtained all necessary licenses and permits required to perform this contract; and,
(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.
(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.
SECTION 3 - SOLICITATION PROVISIONS
52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (JAN 2026)
IS INCORPORATED BY REFERENCE (SEE SF-1449,
BLOCK 27A)
ADDENDUM TO 52.212-1
Instructions to Offerors—Commercial Products and Commercial Services (Deviation Date)
(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.
(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 postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.
(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award.
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.
(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.
(End of provision)
ADDENDUM TO SOLICITATION PROVISIONS
FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
THE FOLLOWING FAR SOLICITATION PROVISIONS ARE
INCORPORATED BY REFERENCE:
PROVISION TITLE AND DATE
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JAN 2026)
52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (JAN 2026)
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE
(APR 1991)
THE FOLLOWING DOSAR PROVISIONS ARE PROVIDED IN FULL
TEXT:
652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB
2015)
(a) The Department of State’s Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting office for the solicitation. If concerns remain unresolved, contact:
(1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at AQMCompetitionAdvocate@state.gov.
(2) For all others, the Department of State Advocate for Competition at cat@state.gov.
(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696 or write to: Department of State, mailto:AQMCompetitionAdvocate@state.gov mailto:cat@state.gov
Acquisition Ombudsman, Office of Global Acquisitions (A/GA), Suite 1060, SA-15, Washington, DC 20520.
SECTION 4 - EVALUATION FACTORS
• Award will be made to the lowest priced, acceptable, responsible quoter.
The quoter shall submit a completed solicitation, including Sections 1 and 5.
• The Government reserves the right to reject proposals that are unreasonably low or high in price.
• Products meet or exceed all SOW specifications. Quoters must include spec sheets and photos.
• Helmets are new and come from the OEM or an authorized distributor, with traceability. Open-box or refurbished items are not accepted.
• Helmets have a manufacturer's warranty of at least two years. Quoters state the warranty terms for the shields.
• The full order arrives in a single shipment within the required delivery period.
• At least five years of experience supplying NIJ-certified ballistic equipment. Contractors lacking demonstrated NIJ-certified ballistic product experience shall be deemed non-responsive to this requirement.
• Three references from similar contracts within the past five years.
• ISO 9001 or equivalent quality certification, where applicable.
• Quoters must have an active SAM registration when they submit their quotation.
• The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ.
• The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:
• adequate financial resources or the ability to obtain them;
• ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;
• satisfactory record of integrity and business ethics;
• necessary organization, experience, and skills or the ability to obtain them;
• 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.
SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS
52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS
REPRESANTIONS AND CERTIFICATIONS (JAN 2026)
(a) Definitions. As used in this provision-— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.
Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
Marginalized populations of Sudan means—
(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-
344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
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 under 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—
(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)).
(b) Procedures.
(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”
(2) FASCSA Orders.
(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.
(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).
(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—
(1) It 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, except as waived by the solicitation, or as disclosed in paragraph (g); and
(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).
(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable…
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