Solicitation Document (RFQ 19H08026Q0059).pdf
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- Solicitation number
- 19H08026Q0059
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This is a Request for Quotations (RFQ) issued by the U.S. Embassy in Tegucigalpa, Honduras for construction materials required for the Choluteca Morgue facility. The RFQ number is 19H08026Q0059, issued on August 24, 2026, with quotations due by September 8, 2026 at 10:00 AM local time. The solicitation is not a small business set-aside. The Government intends to award a purchase order to the lowest-priced, acceptable, responsible offeror based on initial quotations without discussions, though discussions may be held if necessary. All pricing must be submitted in Honduran Lempiras (HNL), quotations must remain valid for 60 days, and this is a firm-fixed price contract with delivery required within 30 calendar days of contract award to the Morgue of the Forensic Medicine Directorate in Choluteca. Value Added Tax is not applicable as the U.S. Embassy has a tax exemption certificate from the host government.
The RFQ requires quotations for 91 line items of construction materials including plumbing supplies (PVC pipes, fittings, valves), electrical components (cables, switches, fixtures), structural materials (steel channels, drywall, insulation), and hardware (fasteners, clamps, tape). Offerors must submit completed SF-18 forms, pricing schedules, specification sheets with highlighted models, past performance references (up to five contracts within two years), organizational charts, financial documentation, strategic delivery plans, SAM registration proof with UEI number, and representations and certifications including those addressing security prohibitions, tax compliance, and foreign contracting party status. Questions may be directed to Teubids@state.gov no later than August 31, 2026, and quotations must be submitted electronically to TGUBids@state.gov in MS-Word, Excel, or PDF format not exceeding 30MB per file.
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TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE
• SF 18 cover sheet
• Continuation To SF-18, RFQ Number 19H08026Q0059 Prices, Block 11
• Continuation To SF-18, RFQ 19H08026Q0059, Schedule Of Supplies/Services, Block 11 Description/Specifications/Work Statement
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 - REPRESENTATIONS AND CERTIFICATIONS
• Offeror Representations and Certifications
• Addendum to Offeror Representations and Certifications - FAR and DOSAR
Provisions not Prescribed in Part 12
PAGE OF PAGESREQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS x IS NOT A SMALL BUSINESS SET-ASIDE 1 40
1. REQUEST NO.
19H08026Q0059
2. DATE ISSUED
08/24/2026
3. REQUISITION/PURCHASE REQUEST NO.
PR16156802
4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY
AMERICAN EMBASSY TEGUCIGALPA
GSO, ACQUISITIONS UNIT, ATTN: GSO
TEGUCIGALPA
HONDURAS
6. DELIVER BY (Date)
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
TELEPHONE NUMBER
7. DELIVERY
FOB DESTINATION x OTHER (See Schedule)
9. DESTINATION
NAME
Carlos Figueroa (TEGUC)
AREA CODE NUMBER
8. TO:
a. NAME OF CONSIGNEE
AMERICAN EMBASSY TEGUCIGALPA
a. NAME b. COMPANY b. STREET ADDRESS
Barrio Parcaltagua, Avenida Los Proceres, ATTN: NAS
c. STREET ADDRESS c. CITY
TEGUCIGALPA
d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
09/08/2026
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 service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation 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)
d. CALENDAR DAYS
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%)
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF QUOTATION
16. SIGNERb. STREET ADDRESS
b. TELEPHONE
c. COUNTY
a. NAME (Type or print)
AREA CODE
d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
Construction Materials for the Choluteca Morgue as especified in the SOW / PWS
1 1 LOT $
GRAND TOTAL
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-18
RFQ NUMBER 19H08026Q0059
PRICES, BLOCK 11 (e) and (f)
I. SCOPE OF SERVICES
A. The Contractor shall provide the materials, transportation, and unloading needed to supply the various construction materials for delivery for the Choluteca Morgue as stated in this document.
B. This is a firm-fixed price type of purchase order.
C. The price listed below shall include all labor, materials, overhead, profit, and transportation necessary to deliver the required items to the address detailed in this document. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict these prices or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.
Offerors shall include specific details and delivery dates in their responses to this RFQ.
D. All offers must be priced in Honduran Lempiras (HNL).
E. All offers must be valid for 60 days.
II. PRICING
All prices must be in Honduran Lempiras (HNL). Offerors must fill in the unit price and total price columns based on the listed quantities. Vendors are responsible for ensuring all products meet these technical requirements.
Clin Description Unit Quantity Unit Price
Total Price
1 CEPIN - Toilet wax ring (cera para inodoro) each 7
BAPRVA214 - 2 ¼ " base for green steel grating (base 2 ¼” para reja verde de acero) each 154
PIACIN - 24" x 48" 24" x 48" Stainless Steel Utility Sink with Faucet and Drain Valve (pila de acero inoxidable con grifo y valvula) each 1
4 CC16 - 16 ft load channel (Canal de carga de 16”) length 335
E6011X1/8 - welding electrode 6011 x 1/8" (electrodo para soldar 6011x 1/8”) lb 20
PG1/2X4 - Self-drilling bolt 1/2"x4" (Perno goloso de 1/2x4 pulgadas) each 1
P1-1/2X1/16 - Steel flat bar 1 1/2" x 1/16" (Platina de 1 1/2" x 1/16") length 30
TGCAN7/8X2-1/2 - Self-drilling screw 7/8" x 2-1/2" with neoprene washer (Tornillo Goloso 7/8" x21/2" con arandela de neopreno) each 650
TPBLA - Self-drilling screw for Aluzinc sheet (Tornillo para lamina aluzinc punta broca) each 100
10 TE2X2 - 2"x2" structural steel tube (Tubo Estructural de 2"X2") each 10
PE1/2X4 - Expansion bolt 1/2"x4" (Perno expansor de 1/2"x4") each 700
ATT - Clamps with screws and anchors S8 (Abrazaderas de 1/2 con sus tornillo y taco S8) each 90
CACH1 - 1" steel nail with rubber washer (Clavo de Acero 1" con hule) each 760
14 MASK1/2 - 1/2" masking tape (Masking tape de 1/2") each 20
15 MTV - Green masking tape (Masking Tape Verde) each 20
A34TT - 3/4" clamps with screws and anchors (Abrazaderas de 3/4" con su tornillo y taco) each 50
17 CT4 - 4 THHN cable (Cable 4
THHN) LM 250
CAAT - Steel grounding cable - 1/4-inch Galvanized Steel Cable (Cable de acero para aterrizaje/ Cable de acero galvanizado de 1/4) foot 50
19 CTSJ314A - TSJ cable 3x14 AWG (Cable TSJ 3x14 AWG) LM 250
CR4X2-1/8 - Rectangular electrical box 4"x2-1/8"x2-1/8" KO 3/4" (Caja Rectangular, 4x2- 1/8x2-1/8" Ko 3/4") each 30
21 CC4X4X11/2 - Electrical box 4"x4"x1-1/2" (Cajas 4x4x1 1/2") each 10
CPVC3/440 - PVC sleeves 3/4" Schedule 40 (Camisas de PVC de 3/4" cedula 40) each 600
23 CIAIS - Electrical tape (Cinta aislante) each 10
FCU - 3-Amp Universal Type K Fuse Link (Fusible cinta universal de 3 amperios tipo K) each 5
25 IV - Toggle switch (Interruptor de vaiven) each 10
IS15X120 - Single pole switch 120V, 15 amp (Interruptor Sencillo 120V, 15 amp.)
each 35
ROBLED9120 - Lamp holder with 9W LED bulb, 120V (Roseta con bombillo LED de 9 vatios, 120 voltios)
TAPCC12A - Wire connectors for 12 AWG cable (Tapones conectores para cable 12 AWG) each 150
VGPT - Galvanized grounding rod (Varilla galvanizada para polo a tierra) each 3
30 WM115 - Welding rod Metal 115 (Wed Metal 115) each 7
COLGTP123838 - 1/2" pear-type hanger including 3/8" anchor and 3/8" threaded rod (Colgador tipo pera de 1/2" incluye anclaje de 3/8" y varilla roscada de 3/8") each 8
COLGTP343838 - 3/4" pear-type hanger including 3/8" anchor and 3/8" threaded rod (Colgador tipo pera de 3/4" incluye anclaje de 3/8" y varilla roscada de 3/8") each 280
33 APVC1-1/2 - PVC clamp 1-1/2" (Abrazadera PVC 11/2") each 12
AMPVC3/4-1 - PVC male adapter 3/4" (Adaptadores machos de PVC de 3/4") each 15
35 CPVC1-1/2 - PVC sleeve 1-1/2" (Camisa PVC 11/2) each 15
36 CAMI4 - PVC sleeve 4" (Camisa PVC 4") each 8
37 CMI6DRE-01 - PVC sleeve 6" (Camisa PVC 6") each 8
CPVCD2x90 CODO PVC
DRENAJE 2"X90 - PVC
drainage elbow 2"x90° (Codo PVC Drenaje 2"x90)
CPVCD4X45 CODO PVC
DRENAJE 4"X45 - PVC
drainage elbow 4"x45° (Codo PVC Drenaje 4"x45)
CPVCP1X90 - PVC pressure elbow 1"x90° (Codo PVC Presion 1"x90) each 20
CPVCP2X90 - PVC pressure elbow 2"x90° (Codo PVC Presion 2"x90) each 20
42 CUPVC34 - PVC conduit bend 3/4" (Curva PVC de 3/4") each 200
43 PEGPVC-1 - PVC cement (Pegamento PVC) gal 3
RYAPVCDLAV - PVC
reduction and adapter for sink/lavatory drain (Reduccion y adaptador PVC para desague de lavamanos/lavatrastos) each 10
RPVC1X1/2 - PVC reducer 1" to 1/2" (Reductor de PVC de 1" a 1/2")
RPVC1X3/4 - PVC reducer 1" to 3/4" (Reductor de PVC de 1" a 3/4")
47 RCD - Chrome shower head (Regadera cromada para ducha) each 3
48 TPVCPRES3 - PVC tee 3" (Tee PVC 3") each 15
TEEPVCD4"X4 - PVC drainage tee 4"x4" (Tee PVC Drenaje 4"x4")
50 TR - Teflon tape roll (Teflon en Rollo) each 30
51 TRPVC2 - PVC trap 2" (Trampa PVC 2") each 5
52 TPVC4 - PVC trap 4" (Trampa PVC 4") each 12
TUPVCDR11240 - PVC drain pipe 1-1/2" Schedule 40 (tubo de drenaje de pvc de 1 1/2" ced 40) length 2
TPVCP1X20 - PVC pipe 1"x20 ft SDR 17 for potable water (Tubo PVC 1"x20´SDR 17 para agua potable) length 5
TUBOPVC2"C40 - PVC drain pipe 2" SDR 41 (Tubo PVC para drenaje de 2" SDR 41) length 5
TPVCD6 - PVC drain pipe 6" SDR 41 (Tubo PVC para drenaje de 6" SDR 41) length 10
TPVCP3/4 - PVC pressure pipe 3/4" SDR 17 (Tubo PVC para Presion 3/4" SDR 17)
58 VC1 - 1" gate valve (valvula de compuerta 1") each 5
59 VC3/4 - 3/4" gate valve (Valvula de compuerta 3/4") each 5
VSD1/2 - 1/2" single shower valve (Valvula sencilla de 1/2 para ducha)
61 YEEPVC1-1/2 - PVC wye 1-1/2" (Yee PVC 11/2") each 10
CCA - Concrete curing compound ANTISOL (Curador de concreto ANTISOL) gal 12
SPS40K - Super polishing compound 40 kg bag (Super Pulido Saco de 40Kg) bag 120
VH1/2 - Reinforcing steel bar 1/2"x30, corrugated (Varilla de Hierro 1/2"x30, Corrugada) length 180
VH3/8 - Reinforcing steel bar 3/8"x30, corrugated (Varilla de Hierro 3/8"x30, Corrugada) length 140
APPH10 - 10' Wall Angle, factory-baked finish, (Angulo de Pared 10´pintado al horno.)
length 70
AMP1x1x10 - 1" x 1" x 10' Metal Wall Angle, (Angulo metálico de Pared de 1x1x10') length 405
68 CL12 - 12' Furring Channel,( Canal liston 12') length 210
TYCP - Drywall Joint Paper Tape (250-ft roll), Cinta de papel para juntas de tablayeso. (Rollo de 250 pies) roll 42
CTEE2 - 2' Cross Tee, factory-baked finish, (Cross Tee de 2´ pintado al horno.)
length 240
CTEE4 - 4' Cross Tee, factory-baked finish, (Cross Tee de 4´ length 270
72 ESQ1/4X8 1/4" x 8' Corner Beads. (Esquineras 1/4"X8`) length 10
EMTY10 - 10' Metal Drywall Corner Beads, (Esquineros metalicos para tablayeso de 10´)
LFM2X2X5/8 - 2' x 2' x 5/8" Mineral Fiber Ceiling Tile,( Lamina de fibra mineral 2x2x5/8") each 580
MTEE12 - 12' Main Tee, factory-baked finish,( Main Tee de 12´ length 50
76 MTY- Drywall Joint Compound (, Masilla para Tabla Yeso) pail 55
P2-1/2X10C25 - 2-1/2" x 10' 25- Gauge Steel Studs, (Postes 2 1/2"x10ªcalibre 25) each 70
78 SC2-1/2X10 - 2-1/2" x 10' Steel Track, (Solera Canal 2 1/2"x10) length 30
TY4X8X1/2 - 4' x 8' x 1/2" Drywall Sheet, (Tabla Yeso 4x8x1/2") each 240
TYH4X8X1/2 - 4' x 8' x 1/2" Moisture-Resistant Drywall, (Tabla Yeso 4x8x1/2" para humedad.)
TMETC11- Metal Cover for Cistern with a 60 cm × 60 cm Access Opening (Tapadera Metalica para cisterna con boquetes de 60 x 60 cm) unit 2
82 T7/16 - 7/16" Drywall Screw, Tornillo 7/16" para Tabla Yeso each 2,000
83 TPB 1 ¼ - 1-1/4" Drywall Screw, Tornillo 1 1/4" para Tabla Yeso each 5,400
CA2X4X20 - Structural Steel Channel, 2" x 4" x 20'. Canaleta de Hierro de 2"x4"x20´ length 8
AFVR8 - R-8 Fiberglass Insulation, Aislante de Fibra de Vidrio R-8 rolls 2
ALG16- Galvanized Hanger Wire for Suspended Ceilings, Alambre Galvanizado P/ Cielos lb 50
CM4x5x96 - 4" x 5" x 96" Wood Crossarm, Cruceta de Madera de 4"x 5"x 96" unit 1
88 SK1A- Sikaflex 1A Polyurethane Sealant, Sikaflex- 1A each 60
PUPEGD40 - Pegaduro Polished Finish Mortar, 40 kg Bag, Pulido Pegaduro bolsa 40 kg bags 45
90 1-inch nails for nail gun (clavo 1" para clavadora) each 800
Transportation of construction materials in Choluteca, Choluteca- Entrega de materiales de construcción en Choluteca, Choluteca lot 1
Grand Total
III. VALUE ADDED TAX
VALUE ADDED TAX. 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.
CONTINUATION TO SF-18,
RFQ NUMBER 19H08026Q0059
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 11
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
I. PERFORMANCE WORK STATEMENT
The vendor awarded with the purchase order shall provide to the U.S. Government various construction materials and delivery in strict compliance with the specifications at the agreed upon firm fixed price. In the event of non-compliance with the specifications, the U.S. Government reserves the right to demand correction(s) or reject this requirement in its entirety. Additionally, the Contractor shall perform the pre-delivery inspection of the materials and deliver them to the location set forth in Section 2.3, Place of Delivery, of this SOW. The firm fixed price shall include the Concrete Materials, pre-delivery inspection, delivery and any other documentation mandated.
Manuals, if any, shall be furnished in English and Spanish.
1.1 WARRANTY
All materials shall be new and covered by the manufacturer's standard warranty, where applicable.
The warranty shall cover defects in materials and workmanship under normal use in accordance with the manufacturer's warranty terms. Any materials found to be defective, damaged, or not meeting the required specifications upon delivery or during the applicable warranty period shall be replaced by the Contractor at no additional cost to the Government, including all transportation and delivery costs.
II. DELIVERY LOCATION AND TIME
2.1 PREPARATION FOR DELIVERY
The awarded contractor shall consolidate all items under this order into the minimum number of deliveries possible to complete requested amount. Once consolidated, all items shall be shipped to the delivery address specified in the solicitation document. The Contractor is responsible for ensuring that all items are properly packaged and included in the delivery to facilitate receipt and inspection at destination.
Any lost or damaged items during transportation shall be replaced by the contractor upon notification.
All Material provided shall be, in new condition and must be in the normal operating ranges. No grey market or refurbished products.
2.2 DELIVERY SCHEDULE
All materials shall be delivered to the address provided in Section 2.3, Place of Delivery. The Contractor shall deliver all items not later than 30 calendar days after date of contract award.
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.
2.3 PLACE OF DELIVERY
The materials shall be delivered to the following address:
Morgue of the Forensic Medicine Directorate Barrio El Hospital, 7ª Calle N, 14 Avenida O (13.302557-87.201851)
Choluteca, Choluteca, Honduras
2.4 INSPECTION AND ACCEPTANCE OF CONSTRUCTION MATERIALS
The final inspection and acceptance of the construction materials shall be performed by the U.S.
Government upon arrival of all the materials to Choluteca, Honduras. The payment to the Contractor shall be made following satisfactory inspection and acceptance of the material.
III. EFFECTIVE PERIOD OF CONTRACT
This contract shall be effective on the date of the Contracting Officer's signature and shall remain in full force and effect until all materials are received and accepted by the U.S. Government in accordance with the contract delivery date as provided in Section 2.2, Delivery Schedule.
IV. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.
The role of the Government is to monitor quality to ensure that contract standards are achieved.
Performance Objective Scope of Work Para Performance Threshold Services.
Performs all furnish and delivery services set forth in the scope of work.
I. thru IV.
All required services are performed and no more than one
(1) customer complaint is received in the duration of the contract.
SECTION 2 - CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
(JAN 2026) IS INCORPORATED BY REFERENCE.
“None”
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.
(b) This clause applies only to foreign people. 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 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-section5000C&num=0&edition=prelim 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 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.
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 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
(End of clause)
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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.
THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE
INCORPORATED BY REFERENCE:
CLAUSE TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS.( Jan 2017)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
(JAN 2011)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JAN 2026)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR
DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2026)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (JAN 2026)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL
BUSINESS CONCERNS (JAN 2026)
52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES
(FEB 2026)
52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2026)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF
CONTRACT (FEB 2000)
52.225-19 CONTRACTOR PERSONNEL IN A DESIGNED OPERATIONAL
AREA OR SUPPORTING A DIPLOMATIC MISSION OUTSIDE THE
UNITED STATES (MAY 2020)
https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING
WHILE DRIVING (MAY 2024)
52.229-6 TAXES - FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD
MANAGEMENT (OCT 2018)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (MAR 2023)
52.233-3 PROTEST AFTER AWARD (JAN 2026)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (JAN 2026)
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (JAN 2026)
THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
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)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.
(End of clause)
52.232-11 EXTRAS (APR 1984)
Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefore have been authorized in writing by the Contracting Officer.
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation to the performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.247-17 CHARGES (APR 1984)
In no event shall charges under this contract be in excess of charges based on the Contractor’s lowest rate available to the general public or be in excess of charges based on rates otherwise tendered to the Government by the Contractor for the same type of service.
(End of clause)
52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY
DAMAGE (APR 1984)
(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor’s vehicles or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents.
(b) The Contractor, at the Contractor’s expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.
(c) The Contractor shall maintain Workers’ Compensation and other legally required insurance with respect to the Contractor’s own employees and agents.
(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor’s employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.
THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT:
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
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.
(End of clause)
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.
(b) Invoice Submission. The Contractor shall submit invoices as detailed below: The contractor shall submit the digital invoice on PDF files for the Embassy in the vendor portal. The invoice must be legible, it is recommended to scan in black and white, type[text], resolution [300dpi], this should generate a file of no more than 100kb per page.
To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).
For an invoice to be valid it must contain the following information: Company name, telephone number and correspondence address, Invoice number and date, Requisition Number and/or Contract Number, Description, quantity, unit of measure, and unit Price of the commodities or services provided in accordance with the Contract. Only send one email by Invoice and Contract Number, You will receive a message of receipt of the same in the following seven working day.
(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:
652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE
(FEB 2015)
(a) The Department of State observes the following days as holidays:
New Year’s Day Martin Luther King’s Birthday Washington’s Birthday Holy Thursday Good Friday Easter Saturday Honduran Labor Day Memorial Day Juneteenth US Independence Day Labor Day Central American Independence Day Francisco Morazan’s Birthday Honduran Armed Forces Day Columbus Day Veterans Day Thanksgiving Day Christmas Day
Any other day designated by Federal law, Executive Order, or Presidential Proclamation.
(b) When New Year’s Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the following Monday is observed; if it falls on Saturday the preceding Friday is observed.
Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor’s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.
(c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative.
(d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:
(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.
(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.
If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided.
(e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractors accounting policy.
(End of clause)
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The Contractor warrants the following:
(1) That is, authorization has obtained 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.
652.243-70 NOTICES (AUG 1999)
Any notice or request relating to this contract given by either party to the other shall be in writing.
Said notice or request shall be mailed or delivered by hand to the other party at the address provided in the schedule of the contract. All modifications to the contract must be made in writing by the Contracting Officer.
SECTION 3 - SOLICITATION PROVISIONS
52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (JAN 2026) IS INCORPORATED BY REFERENCE
(SEE SF-18, BLOCK 27A)
ADDENDUM TO 52.212-1
(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) A completed solicitation, in which the SF-18 cover page (blocks 11 thru 16 as appropriate), and Section 1 has been filled out.
(2) Complete and clear description of the item being quoted; which must comply with the requested technical specifications as per Statement of Work.
a. Specification sheets for the construction materials. The specific model quoted should be highlighted in the specification sheet.
b. A written warranty of the coverage for the refrigeration equipment should be provided.
(3) Provide a list of no more than five (5) contracts of similar scope and complexity completed within the last two (2) years for the provision of comparable construction materials to government or commercial customers. The list shall include the customer’s name, organization, email address, telephone number, contract description, and performance period. If the offeror has not performed comparable services in Honduras, then the offeror shall provide its international experience. Offerors are advised that the past performance information requested above may be discussed with the client’s contact person. In addition, the client’s contact person may be asked to comment on the offeror’s:
• Quality of services provided under the contract;
• Compliance with contract terms and conditions;
• Effectiveness of management;
• Willingness to cooperate with and assist the customer in routine matters, and when confronted by unexpected difficulties; and
• Business integrity / business conduct.
(4) Evidence that the offeror/quoter operates an established business with a permanent address and telephone listing.
(5) The offeror shall provide proof of SAM registration to include the SAM UEI number;
(6) Evidence that the offeror/quoter can provide the necessary personnel, equipment, and financial resources needed to perform the work;
Personnel:
-Organizational Chart -Technical Team -Point of contact information
Financial resources:
-Income Statements from previous periods
- Balance Sheets from previous periods.
(7) The offeror’s strategic plan for delivery of construction materials in Choluteca to include but not limited to:
• A work plan considering all work elements in Section 1, Work Statement.
• Plan of ensuring quality of services including but not limited to contract administration and oversight; and
• Specification sheets of the equipment offered as part of technical side of the offer.
(8) Acknowledgment of solicitations Amendments if any.
(9) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and
(10) 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 post award debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.
(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award.
(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. In addition, the full text of a clause may be accessed electronically at Acquisition.gov this address is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.
THE FOLLOWING FEDERAL ACQUISITION REGULATION SOLICITATION
PROVISIONS ARE INCORPORATED BY REFERENCE:
PROVISION TITLE AND DATE
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-
REPRESENTATION. (JAN 2017)
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 PROVISION(S) IS/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/GA/AMD) or a Regional Procurement Support Office, the A/GA/AMD 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.
https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl mailto:AQMCompetitionAdvocate@state.gov mailto:cat@state.gov
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. Interested parties are invited to contact the contracting activity ombudsman, Management Counselor, at +504 2236- 9320. 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, Acquisition Ombudsman, Office of Global Acquisitions (A/GA), Suite 1060, SA-15, Washington, DC 20520.
(End of provision)
ADDENDUM TO EVALUATION FACTORS
FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12
THE FOLLOWING FAR PROVISION(S) IS/ARE PROVIDED IN FULL TEXT:
52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)
If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using the exchange rate used by the Embassy in effect as follows:
(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.
(b) For acquisitions conducted using negotiation procedures—
(1) On the date specified for receipt of offers, whether award is based on initial offers;
otherwise
(2) On the date specified for receipt of proposal revisions.
SECTION 4 - EVALUATION FACTORS
52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(JAN 2026)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the Offeror responsible whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
• Award will be made to the lowest priced, acceptable, responsible offeror. The quoter shall submit a completed solicitation, including Sections 1 ,3 and 5
• The lowest price will be determined by multiplying the offered prices times the estimated quantities in “Prices – Continuation of SF-18, block 11”, and arriving at a grand total, including options. The Government reserves the right to reject quotations that are unreasonably low or high in price.
• The Government will determine acceptability by assessing the offeror’s compliance with the terms of the RFQ to include the technical information required by Section 3.
• 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.
(b) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS-REPRESENTATION (JAN 2026)
(a) Definitions. As used in this clause—
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395 (b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) Representation. The Offeror represents that-
(1) It □ is, □ is not an inverted domestic corporation; and
(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (JAN 2026)
(a) The Government will not enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that–
(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND
REPRESENTATION (JUN 2020)
(a) Definitions. As used in this provision—
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that…
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