RFQ PR15804537.pdf
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- Attached to
- RFQ PR15804537 Erbil-FAC-NCC- Fuel System Parts
- Solicitation number
- PR15804537
- Issued by
-
Department of State
About this file
This is a Request for Quotation (RFQ) issued by the U.S. Consulate General Erbil for the procurement of commercial products. The RFQ number is PR15804537, issued on August 26, 2026, with a submission deadline of September 7, 2026, at 5:00 p.m. Baghdad, Iraq local time. This is not a small business set-aside. Detailed item lists and specifications are provided in Attachment 1 (List of Items) and Attachment 2 (Illustrative Pictures). The contracting officer is Roinel Arriola, contactable at ErbilProBid@state.gov. Delivery is FOB Destination to the U.S. Consulate General Erbil at Pirmam Road, Erbil, Iraq, under DDP (Delivered Duty Paid) terms. The Government will award a firm-fixed price purchase order to the offeror(s) representing the best value based on technical compliance and total evaluated price.
Quotations must include two separate packages: a Technical Package (containing specifications and photos without pricing) and a Commercial Package (containing all pricing information). Iraqi vendors must quote in Iraqi Dinars (IQD); non-Iraqi vendors must quote in U.S. Dollars (USD). All quoted prices must be inclusive of all costs, fees, taxes, and VAT. Payment will be made via Electronic Funds Transfer with net 30-day terms. Quotations must remain valid for 60 days following the closing date. For evaluation purposes, transportation costs from the U.S. consolidation point (Dispatch Agency in North Brunswick, New Jersey) to the Consulate will be added to offers delivering there, ensuring comparable evaluation with direct-delivery offers. Unregistered vendors must submit an NDAA Amendment Compliance Form. Offerors must provide warranty details, after-sales support confirmation, and sample submissions for approval. Requests for clarification must be submitted by August 31, 2026. The Government reserves the right to purchase from a single vendor or split purchases among qualified vendors and may terminate the contract for convenience or cause.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 02 Attachment 2_Illustrative Pictures_RFQ No. PR15804537.xls | XLS spreadsheet | |
| 01 Attachment 1_List of Items_RFQ No. PR15804537.xlsx | XLSX spreadsheet | |
| NDAA Amendment Compliance Form-April 2025.pdf |
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Text version
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ [ ] IS [X] IS NOT A SMALL BUSINESS-SMALL PURCHASE SET-ASIDE PAGE
OF PAGES
1. REQUEST NO.
PR15804537
2. DATE ISSUED
August 26, 2026
3. REQUISITION/PURCHASE REQUEST NO.
PR15804537
4. CERT. FOR NAT. DEF. UNDER
BDSA REG. 2 AND/OR DMS
REG. 1
RATING
5A. ISSUED BY
General Services Office
U.S. Consulate General Erbil
Pirmam Road, Erbil, Iraq
6. DELIVER BY (Date)
5B. FOR INFORMATION CALL (No collect calls) 7. DELIVERY
[X] FOB DESTINATION [ ] OTHER (See Schedule)
NAME
Arriola, Roinel– Contracting Officer ErbilProBid@state.gov
TELEPHONE NUMBER
AREA CODE
NUMBER
8. TO: 9. DESTINATION
a. NAME b. COMPANY a. NAME OF CONSIGNEE
U.S. Consulate General Erbil
c. STREET ADDRESS b. STREET ADDRESS
Pirmam Road, Erbil, Iraq
d. CITY e. STATE f. ZIP CODE c. CITY
Erbil
d. STATE
e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5A ON OR
BEFORE CLOSE OF BUSINESS (Date)
September 7, 2026
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter
11. SCHEDULE (include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
This is a combined synopsis/solicitation for commercial products prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.
For detailed supplies/services, please see:
Attachment 1_List of Items_RFQ No. PR15804537
Attachment 2_Illustrative Pictures_RFQ No. PR15804537
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS
b. 20
CALENDAR
DAYS
c. 30
CALE
NDAR
DAYS
d. CALENDAR DAYS
NUMBER %
NOTE: Additional provisions and representations [ X] are [ ] are not attached.
13 NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN
QUOTATION
15. DATE OF QUOTATION
a. NAME OF QUOTER
b. STREET ADDRESS
16. SIGNER
c. COUNTY a. NAME (Type or print)
b. TELEPHONE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) AREA CODE
NUMBER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable STANDARD FORM 18 (REV. 6/1995)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a) mailto:ErbilProBid@state.gov
DESCRIPTION/SPECIFICATIONS/SCHEDULES:
For detailed descriptions, quantities, and specifications, please see:
• Attachment 1_List of Items_RFQ No. PR15804537
• Attachment 2_Illustrative Pictures_RFQ No. PR15804537
INSTRUCTIONS TO SUPPLIERS/VENDORS
Interested suppliers/vendors are requested to read the following instructions carefully and submit their quotations in accordance with the instructions provided hereunder. Failure to comply with these instructions may result in rejecting your offer.
Submission Deadline:
1. Interested vendors shall submit their quotations no later than 5:00 p.m. Baghdad, Iraq local time, September 7, 2026.
2. When responding, make sure to include the RFQ reference no. (PR15804537) in the subject line of all your communication to ensure proper delivery of the quote.
Package Submission:
Vendors submitting a quote shall make sure to submit two packages as follows:
1. Technical Package: which shall not contain any prices or pricing related matters, only technical matters
(photos and specification of the proposed items) along with other requirements as per this RFQ,
2. Commercial Package: which shall include all pricing and commercial matters. (Vendor may utilize a file similar to the one found in Attachment 1 to achieve this requirement).
3. Vendors shall submit the Technical and Commercial Packages as separate files. Failure to comply with this requirement may result in the quotation being considered unacceptable.
All documents should be sent to the e-mail address listed in block 5b of Standard Form 18.
Notes:
• Vendors not registered with the U.S. Consulate General Erbil need to submit the “NDAA Amendment
Compliance Form” attached to this RFQ along with their technical quote.
• Limit the size of each package to less than 5Mb and do not use “RAR” files to compress the documents. You can, however, use the “ZIP” format.
Outlines of the requirements:
1. Sample Submission for Approval: samples of the proposed items are required for approval before an official order is placed. This ensures the suitability of the goods.
2. Photo Documentation of Proposed Items: Vendors must furnish photographs of the actual items they intend to supply. To facilitate this, you may use a format provided in Attachment 2 for presenting these visuals.
3. Comprehensive Pricing: All quoted prices must be inclusive of all associated costs, including but not limited to fees, charges, surcharges, taxes, levies, and VAT. No additional charges should be applied beyond the quoted price.
4. Delivery Terms (DDP): The required delivery term is DDP (Delivered Duty Paid) to the specified U.S.
Consulate General Erbil location or to the Government’s consolidation point (Dispatch Agency). This means the vendor is responsible for all aspects of delivery, including duties and taxes.
5. 6. Reference to Attachments 1 and 2: Please be advised that any part numbers provided therein are for reference and identification purposes. Similar or equivalent products may be accepted, provided they meet or exceed the required specifications, and provide equivalent functionality and quality, and can be integrated and operated without adversely affecting the system’s performance, reliability, or functionality.
Acceptance of all proposed equivalent product is subject to review and approval by the U.S. Government
Representative.
6. Estimated Delivery Date: In your quote, please clearly specify the estimated date by which you can deliver the items to the designated location.
7. Delivery location:
• Non-U.S. vendors can deliver the items directly to the U.S. Consulate General Erbil at:
U.S. Consulate General Erbil
Pirmam Road
Erbil, Iraq
• U.S. Vendors may deliver the items to the Government’s consolidation point (Dispatch Agency) at the following address:
Ikun, LLC – U.S. Consulate General Erbil
2801 Route 130, Unit 1
North Brunswick, NJ 08902
USA
U.S. Vendors may also elect to deliver the items directly to the U.S Consulate General Erbil address at the following:
U.S. Consulate General Erbil
Pirmam Road
Erbil, Iraq
8. Evaluation of Delivery Costs: For evaluation purposes, the Government will account for the additional transportation cost required to ship the items from the U.S. consolidation point (Dispatch Agency) to the
U.S. Consulate General Erbil, Iraq. Accordingly, any offer that provides delivery to the consolidation point will be evaluated by adding the applicable estimated transportation cost from the Dispatch Agency to the
Consulate. This will ensure that offers from U.S.-based vendors delivering to the consolidation point are evaluated on a comparable basis with offers from non-U.S. vendors providing direct delivery to the U.S.
Consulate General Erbil, Iraq.
Vendor Communication:
Interested vendors may submit any requests for clarification regarding this solicitation no later than August
31, 2026. Any such requests should clearly reference “PR15804537 – REQUESTS FOR
CLARIFICATION” in the subject line. Requests received after this deadline may not be considered.
Currency and Payment:
1. Quotation Currency: Iraqi Vendors: Offers submitted by vendors established in Iraq shall be quoted in Iraqi
Dinars (IQD).
Non-Iraqi Vendors: Offers submitted by vendors established outside Iraq, including U.S. and other non-
Iraqi vendors, shall be quoted in U.S. Dollars (USD). For evaluation purposes, offers submitted in IQD will be converted to U.S. Dollars using the exchange rate established by the U.S. Consulate General Erbil
Financial Office, based on the applicable Central Bank of Iraq exchange rate. The conversion will be used solely for the purpose of comparing offers.
2. Payment shall be made via Electronic Funds Transfer (EFT)
3. Payment Terms are net 30 days.
Validity of Quotations:
Quotations must remain valid for at least 60 days following the closing date of this RFQ.
Balanced Offers:
The U.S. Government may choose, at its sole discretion, to purchase the whole items/quantities from a single vendor or split the purchase between technically qualified vendors, accordingly each vendor must keep its quote balanced in order to secure its profit margins. Unbalanced quote(s) will be rejected.
Warranty and After-Sales Support
• Warranty: Offerors shall provide the warranty period and details of what is covered, including defects and replacement of defective items.
• After-Sales Support: Offerors shall confirm their ability to provide after-sales support, including assistance with warranty claims, returns, repairs, and replacement of defective items, as applicable.
Award and Contractual Arrangements:
• Order type will be firm-fixed price Purchase Order. Prices quoted shall include all labor, materials, overhead, profit, and transportation necessary to deliver the items. In consideration of satisfactory delivery and performance, the contractor shall be paid a firm fixed price when delivery is complete, and the correct invoice(s) received.
• Basis for Award: The Government will use a comparative evaluation of quotations in accordance with
FAR Part 12, as implemented by the applicable RFO deviation, to determine the quotation that represents the best value to the Government. Quotations will be evaluated based on the factors identified in this solicitation, including technical compliance and Total Evaluated Price. For price evaluation purposes, the Government will consider the quoted price together with applicable transportation costs required to deliver the items to the final destination. For vendors proposing delivery to the U.S. consolidation point (Dispatch Agency), the Government will add the estimated transportation cost from the Dispatch Agency to the U.S. Consulate General Erbil, Iraq, to the vendor's quoted price. This adjustment will allow quotations with different delivery points to be evaluated on an equivalent delivered-cost basis. Among quotations that meet the solicitation requirements, the
Government intends to select the quotation with the lowest Total Evaluated Price, provided that the price is determined to be fair and reasonable.
• A written notice of award mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
• RESPONSIBILITY DETERMINATION: The Government will determine contractor responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including:
o Adequate financial resources or the ability to obtain them;
o Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;
o Satisfactory record of integrity and business ethics;
o Necessary organization, experience, and skills or the ability to obtain them;
o Necessary equipment and facilities or the ability to obtain them; and o Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
• ELIGIBILITY FOR AWARD: To be eligible for award, offerors are required to meet all solicitation requirements, such as terms and conditions, non-price and price instructions, Failure to comply with all or any specific solicitation requirements and instructions may result in the offeror being removed from award consideration.
The Government may reject, without consideration of past performance or price, any proposal that has been rated “unacceptable” under any non-past performance and non-price factor. Such proposal will be considered technically unacceptable.
CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS AWARDED BY
OVERSEAS CONTRACTING ACTIVITIES
COMMERCIAL ITEMS
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: Acquisition.gov this address is subject to change.
DOSAR clauses may be accessed at: https://acquisition.gov/dosar
FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:
NUMBER TITLE DATE
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.212-1 Instructions to Offerors-Commercial Products and
Commercial Services
SEP 2023
52.204-7 System for Award Management—Registration (RFO
Deviation
1/31/2026)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran—Representation and Certifications
JUN 2025
52.240-90 Security Prohibitions and Exclusions Representations and
Certifications
(RFO
Deviation
1/31/2026)
THE FOLLOWING CLAUSES/PROVISIONS ARE PROVIDED IN FULL TEXT:
https://acquisition.gov/browse/index/far https://acquisition.gov/dosar
TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION
JAN 2026)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.
When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5
CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices.
An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer
(see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.
The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The
Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the
Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services;
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized
Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.
1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism
(e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (OCT 2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and
“reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management
(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
DEPARTMENT OF STATE ACQUISITION REGULATION (48 CFR Chapter 6) CLAUSES
NUMBER TITLE DATE
652.229-70
EXCISE TAX EXEPTION STATEMENT FOR
CONTRACTORS WITHIN THE UNITED STATES. (for supplies to be delivered to an overseas post)
JUL 1988
652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS
ABROAD
AUG 1999
652.242-73 AUTHORIZATION AND PERFORMANCE AUG 1999
652.243-70 NOTICES AUG 1999
652.247-71 SHIPPING INSTRUCTIONS FEB 2015
File details come from the government source that posted it. Updated .