RFQ 19KU2026Q0007- FAP for Drapery Fabrics.pdf

REQUEST FOR QUOTATIONS (RFQ)

RFQ Number: PR16046071- Drapery Fabrics for FY2026 - 19KU2026Q0007 Issue Date: June 23, 2026.

GENERAL INFORMATION

The U.S. Embassy Kuwait invites qualified contractors to submit quotations for the supply and delivery of drapery fabric, sheer fabric, and blackout fabric for use at the U.S. Embassy Kuwait.

This solicitation is issued as a Request for Quotations (RFQ) under FAR Part 12 - Acquisition of Commercial Products and Commercial Services.

The award will be made to the lowest-priced, technically acceptable, and responsible offeror.

Note: Prospective offerors are strongly encouraged, though not required, to register in the System for Award Management (SAM) at https://www.sam.gov.

• Offerors with an active SAM registration need only provide their Unique Entity Identifier (UEI) number and are not required to complete the information 52.204-90 since relevant information is found in their SAM registration.

• Offerors without an active SAM registration must complete FAR 52.204- 90, Offeror Identification, inserted in full text of this RFQ.

Offerors are strongly encouraged to maintain an active SAM account.

https://ilmsariba.state.sbu/Buyer/Main/aw?awh=r&awssk=aySm&dard=1

Required Submission:

To be considered for award, offerors must submit an acceptable quote that must include at a minimum:

• Completed pricing schedule, unit prices, extended prices, total evaluated price

• UEI number (if SAM-registered) or completed FAR 52.204-90 (if not registered), available in full text in Section 5 – Representations and Certifications

• Delivery schedule according to RFQ requirement

• Warranty (if applicable)

• Detailed fabric specifications including material composition and blend percentages.

• Country of origin and manufacturer information.

• Product literature, catalogs, technical data sheets, offered fabric colors and/or fabric samples sufficient to demonstrate compliance.

• Any additional information requested in the RFQ

Failure to follow these instructions will render the offer non-compliant and ineligible for further consideration

Questions: Direct questions to Kuwait_Solicitation@state.gov by June 28, 2026, 10:00 AM Kuwait local time. Late questions will not be accepted. Please title emails: “Questions – RFQ 19KU2026Q0007”

Quote Submission: Submit quotations electronically to Kuwait_Solicitation@state.gov by July 15, 2026, 10:00 AM Kuwait local time.

Late submissions will not be considered. Please title emails: “Quote – RFQ

19KU2026Q0007”

SECTION 1 – The Schedule

I. SCOPE OF SERVICE

A. The Contractor shall furnish and deliver drapery, sheers and blackout fabric to the U.S. Embassy Kuwait in accordance with the specifications and terms and conditions set forth herein

B. This is a firm-fixed-price purchase order. Offerors shall provide pricing for all line items listed below. Failure to quote all line items may render the quotation non-responsive and ineligible for award consideration.

C. Prices shall include all labor, materials, transportation, delivery, overhead, profit, and all other costs necessary to provide and deliver the required fabrics to the U.S. Embassy Kuwait in accordance with the specifications contained in this solicitation.

D. The Government reserves the right to make award on any item, group of items, or the entire quotation, whichever is determined to be in the best interest of the Government. The Government may award one purchase order for all line items or may make multiple awards by line item or by groups of line items for drapery fabric, sheer fabric, and blackout fabric. The Government is not obligated to award all items to a single quoter and reserves the right to accept any item or combination of items quoted, unless the quoter specifically limits its quotation to all-or-none consideration.

E. All prices shall be quoted in Kuwaiti Dinars (KD).

F. Prices:

F.1 Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

F.2 Price Schedule

Line Item

Description Unit Required Quantity (Meters)

Unit Price

(KD)

Total Price (KD)

Drapery Fabric – Per specifications in paragraph III below. Meter 3,000 _____ _____

Sheer Fabric – Per specifications in paragraph III below. Meter 3,000 _____ _____

Blackout Fabric – Per specifications in paragraph III below. Meter 5,000 _____ _____

04 Grand Total KD

G. Invoice Submission

(a) General. The Government shall pay the Contractor as full compensation for all drapery fabric received and accepted by the Government the firm fixed price stated in this purchase order.

(b) Embassy payment terms are 30 days NET CREDIT. Payment is due within 30 days after the receipt of a proper invoice, (as defined by 5CFR 1315.9-b).

(c) Invoice is required to be sent electronically to the Embassy Finance Office email: KuwaitDBO@state.gov to process for payment.

(d) Payment inquiries: For better tracking and response time on payment inquiries, all payment related inquiries to be forwarded directly to KuwaitFMCInquiry@state.gov mailto:KuwaitDBO@state.gov mailto:KuwaitFMCInquiry@state.gov

II. DELIVERY LOCATION, SCHEDULE AND TIME

• The Contractor shall deliver all awarded items to U.S. Embassy Kuwait, at Bayan area within thirty (30) calendar days after receipt of the Purchase Order.

• Partial deliveries will not be accepted. All awarded items shall be delivered as a single, complete shipment.

• All fabric rolls shall be properly packaged, labeled with the item description and quantity, and adequately protected against damage, moisture, dust, and dirt during transportation, handling, storage, and delivery. Fabric rolls shall be wrapped in protective plastic and, where appropriate, packed in cartons or other suitable packaging materials to ensure they arrive at the delivery location in new and undamaged condition.

III. FABRIC DESCRIPTION and SPECIFICATIONS

Minimum Fabric Specifications

The specifications set forth herein represent the Government's minimum requirements for drapery fabric, sheer fabric, and blackout fabric.

Quoters shall provide products that meet or exceed all stated specifications.

Quotations offering products that fail to meet any minimum requirement may be determined technically unacceptable and may be excluded from further consideration.

Where a specification identifies a minimum performance, quality, weight, composition, durability, or other characteristic, products exceeding such minimum requirements are acceptable, provided they are compatible with the Government's intended use and do not otherwise deviate from the requirements of this solicitation.

Specification Drapery Fabric Sheer Fabric Blackout Fabric

Material

100% polyester, weight 400 gr +/- 3 gr or high quality Jacquard, or equivalent wrinkle-resistant blend

100% polyester voile, Trevira CS sheer, or equivalent commercial product

Polyester blackout fabric or equivalent

Color Solid beige, ivory-beige, sand beige, taupe-beige, or beige with subtle woven patterns

Beige, warm ivory, champagne beige, or light sand

Beige, light beige, or white

Acceptable Patterns

Tone-on-tone geometric patterns, jacquard patterns, damask patterns, linen-look textured weaves, or small-scale contemporary patterns in beige shades

Plain voile, subtle textured weave, or tone-on-tone woven stripe

Solid color or linen-look texture

Minimum Width 280 cm 280 cm 120 cm – 140 cm

Performance Requirements

Suitable for long-term interior use

Suitable for commercial and residential curtain applications

Minimum 95% blackout performance

Finish Requirements

Wrinkle-resistant, colorfast, and fade-resistant

Wrinkle-resistant, washable, and colorfast

Wrinkle-resistant, washable, and suitable for curtain fabrication

Condition New, unused, first-quality material

New, unused, first-quality material

New, unused, first-quality material

Minimum Requirements: The specifications listed above represent the Government's minimum requirements. Quoters shall provide fabrics that meet or exceed all stated specifications. Failure to comply with any minimum requirement may render a quotation unacceptable and ineligible for award.

SECTION 2 – CLAUSES

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): FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV

Clause/Provision Description Incorporated

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Deviation Aug 2025).

By Reference

52.203-17 Contractor Employee Whistleblower Rights. By Reference 52.203-18 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements or Statements-Representation.

By Reference

52.204-19 Incorporation by Reference of Representations and Certifications.

By Reference

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.

By Reference

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

By Reference

52.222-19 Child Labor—Cooperation with Authorities and Remedies.

By Reference

52.222-50 Combating Trafficking in Persons (Nov 2021). By Reference 52.223-23 Sustainable Products. By Reference 52.226-8 Encouraging Contractor Policies to Ban Text

Messaging While Driving (May 2024).

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

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation.

By Reference

52.232-39 Unenforceability of Unauthorized Obligations. (This clause prevents violations of the Anti-Deficiency Act (31 U.S.C. 1341)).

By Reference

52.233-3 Protest after Award. By Reference 52.233-4 Applicable Law for Breach of Contract Claim. By Reference 52.240-91 Security Prohibitions and Exclusions. Full Text

652.229-71 PERSONAL PROPERTY DISPOSITION AT

POSTS ABROAD (AUG 1999)

By Reference

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG

1999)

By Reference

652.243-70 Notices. By Reference

THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT

DOSAR 652.211-70 Branding and Marking (DEVIATION) (NOV 2025)

As a condition of this contract, the contractor shall ensure that all programs, funding, and assistance provided under this contract clearly acknowledge United States (U.S.)

Department of State or U.S. Government support. All materials produced to communicate or promote a program, event, project, activity, or assistance under this contract, including but not limited to, invitations to events, press materials, event backdrops, podium signs, etc., must be marked with the standard, rectangular U.S.

flag available at Guidance for Contracts and Grants - Contracts and Grants - U.S.

Department of State Brand System (brand.america.gov/document/547370). Policy exceptions to branding and marking requirements are outlined in the U.S.

Department of State Foreign Affairs Manual 10 FAM 416, Policy Exceptions.

Foreign Audience: For materials intended for a foreign audience, the contractor shall mark materials with the standard U.S. flag and communicate that the program is supported by the U.S. Government.

Domestic Audience: For materials intended for a domestic audience, the contractor shall mark materials with the Department of State seal available at Guidance for Contracts and Grants - Contracts and Grants - U.S. Department of State Brand System (brand.america.gov/document/547370) and the standard U.S. flag and communicate that the program is supported by the Department of State.

https://brand.america.gov/document/547370#/-/guidance-for-contracts-and-grants https://brand.america.gov/document/547370#/-/guidance-for-contracts-and-grants

Subcontracts are subject to the Department of State marking requirements, and prime contractors must insert the substance of this clause, including this paragraph, in all subcontracts.

For all Department-funded awards, any publications shall include the following text:

“This [report/article] was funded [in part] by the United States Department of State.

The opinions, findings, and conclusions stated herein are those of the author[s] and do not necessarily reflect those of the United States Department of State.”

(End of clause)

DOSAR 652.239-801 DISCLOSURE OF AI USE CLAUSE (DEVIATION)

(SEP 2025)

(a) Definitions. As used in this clause- Artificial Intelligence (AI): The term "artificial intelligence" has the meaning provided in Section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

i. This definition of AI encompasses, but is not limited to, the AI technical subfields of machine learning (including deep learning as well as supervised, unsupervised, and semi-supervised approaches), reinforcement learning, transfer learning, and generative AI.

ii. This definition of AI does not include robotic process automation or other systems whose behavior is defined only by human-defined rules or that learn solely by repeating an observed practice exactly as it was conducted.

iii. For this definition, no system should be considered too simple to qualify as covered AI due to a lack of technical complexity (e.g., the smaller number of parameters in a model, the type of model, or the amount of data used for training purposes).

iv. This definition includes systems that are fully autonomous, partially autonomous, and not autonomous, and it includes systems that operate both with and without human oversight.

(b) Disclosure of AI Use in Contract Performance. When the Contractor or any of its subcontractors, vendors, or agents intends to incorporate AI into the performance of the contract, the Contractor shall provide the following disclosures in its offer:

Disclose the intended use of AI and provide a description of the AI system or capability and its purpose within the contract scope; specify whether the system was developed internally, acquired from a third party, or is publicly/commercially available; indicate if the AI system will process PII or be used in ways that may affect privacy, civil rights, safety, or public interaction; detail the governance, oversight, and human-in-the-loop mechanisms to be applied; and describe any applicable testing, evaluation, risk management, or bias mitigation measures that have been or will be implemented.

These disclosures must be updated promptly to the Contracting Officer during the period of performance upon any new use of AI or significant material change to the existing AI capability, its functionality, its use case, or its data inputs/outputs during the life of the contract.

The Government reserves the right to review the proposed AI use, request additional safeguards or controls, and/or disallow its use if it is deemed inconsistent with agency policy, legal requirements, or federal AI governance standards.

(End of Clause)

SECTION 3 - SOLICITATION PROVISIONS

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

Offerors shall submit their quotations in three (3) separate, clearly labeled attachments, as identified in the table below:

• Attachment I – Introduction

• Attachment II – Technical Proposal

• Attachment III – Price Proposal

Each attachment shall be submitted in English, as a separate file and clearly marked with the corresponding attachment title.

Quotations that fail to include all required information may be determined non-responsive and excluded from further consideration.

To be considered for award, offerors shall submit a complete quotation package in English containing:

1. Company name, address, telephone number, and valid Kuwait commercial license.

2. Completed pricing schedule.

3. UEI number or completed FAR 52.204-90 Offeror Identification (if not registered in SAM).

4. Detailed fabric specifications including material composition and blend percentages.

5. Offerors shall identify the country of origin and manufacturer for each fabric proposed.

6. Product literature, catalogs, technical data sheets, and/or fabric samples sufficient to demonstrate compliance.

7. Delivery lead time.

8. Warranty information, if applicable.

9. Any additional information necessary to demonstrate compliance with this

RFQ.

10. Offer Validity Period. Quotations shall remain valid for sixty (60) calendar days from the quotation submission deadline.

File Title Required Documentation (Tab 3)

Proposal Ref.

page

I

A tt ac hm en t I

In tr od uc tio n

1. Contractor's full name, address, and telephone number.

2. Valid Kuwait commercial license.

3. SAM Registration Prospective offerors are strongly encouraged, though not required, to register in the System for Award Management (SAM) at https://www.sam.gov.

• Offerors with an active SAM registration need only provide their UEI number.

• Offerors without an active SAM registration shall complete FAR 52.204-90, Offeror Identification.

II

A tt ac hm en t I

I –

Te ch ni ca l P ro po sa l 1. Detailed fabric specifications.

2. Material composition and blend percentages.

3. Offerors shall identify the country of origin and manufacturer for each fabric proposed.

4. Product literature, catalogs, and technical data sheets.

5. Fabric samples

6. Delivery lead time.

7. Warranty information, if applicable.

III Price

(KWD)

Completed pricing schedule, unit prices, extended prices, total evaluated price

SECTION 4 - EVALUATION FACTORS

https://www.sam.gov/

Award Determination

The award will be made to the lowest-priced, technically acceptable, and responsible offeror. Failure to comply with solicitation instructions or submission requirements may result in a quotation being deemed unacceptable and ineligible for award. The Government may reject quotations that are unreasonably high or low.

The Government intends to evaluate an award without discussion but reserves the right to conduct discussions in accordance with FAR 12.203 and 12.204 if determined to be in the Government’s best interest.

Evaluation Process

Quotations will be evaluated in the following order:

(a) Completeness Review Quotations will be reviewed to confirm submission of all required information, including pricing, technical data, and representations/certifications.

• SAM Registration:

o Offerors with an active SAM registration need only provide their UEI number; completion of FAR 52.204-90 is not required.

o Offerors without an active SAM registration must complete FAR

52.204-90 (Offeror Identification) in Section 5.

o Offerors are strongly encouraged to maintain an active SAM account

(b) Technical Acceptability The Government will evaluate whether the proposed services meet the requirements described in Section 3 and other parts of this RFQ. Evaluation will focus on:

Technical acceptability will be evaluated on a pass/fail basis and will be determined by the Offeror's demonstrated compliance with the minimum fabric specifications, delivery time requirements, submission requirements, and all solicitation terms and conditions.

(c) Price Evaluation Price will be evaluated for reasonableness in accordance with FAR 12.204(a).

(d) Responsibility Determination The apparent successful offeror will be determined responsible under FAR 9.104- 1, considering factors such as:

• Adequate financial resources or ability to obtain them.

• Satisfactory record of integrity and business ethics.

• Necessary organization, experience, skills, equipment, and facilities.

• Ability to perform within the required timeframe.

SECTION 5 - REPRESENTATIONS AND

CERTIFICATION

52.204-90 Offeror Identification

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

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

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

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

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

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

There may be more than one immediate owner (e.g., joint ventures).

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

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

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

(b) Unique entity identifier (UEI).

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

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

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

(1) Taxpayer identification number (TIN)

□ TIN: ______________;

□ TIN has been applied for; or

□ TIN is not required because:

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

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

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

(2) Type of organization.

□ Sole proprietorship;

□ Partnership;

□ Corporate entity (not tax-exempt);

□ Corporate entity (tax-exempt);

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

□ Foreign government;

□ International organization per 26 CFR 1.6049-4; or

□ Other.

(3) Common parent.

□ Offeror is not owned or controlled by a common parent as defined in paragraph

(a) of this provision; or

□ Name and TIN of common parent:

Name: ______________

TIN: ______________

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

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

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

If the Offeror is… Then… Located in the United States or its outlying areas

Submit a request to the DLA CAGE Branch via https://cage.dla.mil

Located outside the United States and its outlying areas and its country is a member of the North Atlantic Treaty Organization (NATO) or a sponsored nation

Contact the appropriate National Codification Bureau ( https://www.nato.int/structur/ac/135/about/contacts)

Located outside the United States and its outlying areas and its country is not a member of NATO or a sponsored nation

(NCAGE Code Request Tool)

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

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

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

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

Owner Type CAGE Code Legal Business Name Immediate owner Highest-level owner Predecessor*

* Predecessor CAGE code may be marked “Unknown.”

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

(End of provision) https://cage.dla.mil/ https://www.nato.int/structur/ac/135/about/contacts https://eportal.nspa.nato.int/Codification/CageTool/home

52.240-90 Security Prohibitions and Exclusions Representations and Certifications.

As prescribed in 40.205(a), insert the following provision:

SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND

CERTIFICATIONS (DEVIATION DATE)

(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 FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, 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), that the offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, 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), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies;

and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of provision)

52.240-91 Security Prohibitions and Exclusions.

As prescribed in 40.205(b), insert the following clause:

SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION DATE)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

https://dibnet.dod.mil/

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

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

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

(i) Of that equipment; or

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

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

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

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities;

involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned…