SF30 Amendment A00002 RFQ 15DDHQ24Q00000096.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)2. AMENDMENT/MODIFICATION NO.

A00002 15DDHQ24Q00000096

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6)

CODE

DEA

Attn: Office of Acquisition (FA)

8701 Morrissette Drive

Springfield, VA 22152-1080

DEA

Attn: Office of Acquisition (FA)

8701 Morrissette Drive

Springfield, VA 22152-1080

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, state and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

N/A 15DDHQ24Q00000096

9B. DATED (SEE ITEM 11)

07-02-2024

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDENTS OF SOLICITATIONS

The above numbered solicitation is amended as set for th in Item 14. The hour and date specified for receipt of Offers is extended is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the fo llowing methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED

AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of th is amendment you desire to change an offer already submitted, such change may be made by te legram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authori ty)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of issuing this corrected amendment is to issue a corrected copy of RFQ#

15DDHQ24Q00000096. The initial Amendment 0001 posted to SAM.gov contained a link titled “A28 RFP Fitness Equipment maintenance Amend.1.pdf” which was linked to the wrong document.

This amendment contains the correct document that was meant to be linked to the link titled “A28 RFP Fitness Equipment maintenance Amend.1.pdf” in the Amendment 0001 SAM.gov posting.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C.DATE SIGNED 16B. UNITED STATES OF AMERICA 16C.DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

X X

ANDREW J. CRAIG

Contracting Officer

07/02/2024

Drug Enforcement Administration

Fitness Equipment Maintenance and Repair

Employee Fitness Center, Arlington, VA

Request for Quote (RFQ) Number:

15DDHQ24Q00000096

Date Release: 6/18/2024 Office of Administration

Amendment 1 Corrected

Table of Content Section 1 SF-1449…

Section 22 Statement of Work

Section 33 Contract Administration

Section 44 Contract Clauses/Provisions .......................................................14.14

Section 55 Instructions to Offeror .................................................................47 47 Section 66 Evaluation Factors/Award Criteria ..............................................52 52 Section 77 List of Exhibits… .........................................................................56 56

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 31c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 30c. DATE SIGNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

a. NAME

4. ORDER NUMBER 5. SOLICITATION NUMBER

15DDHQ24Q00000096

b. TELEPHONE NUMBER (No collect

6. SOLICITATION ISSUE

DATE

6/18/2024

8. OFFER DUE DATE/

7. FOR SOLICITATION

INFORMATION CALL: Charles Ivy charles.d.ivy@dea.gov calls) LOCAL TIME

7/5/2024 at 3pm EST

9. ISSUED BY CODE N/A 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

Attn; Office of Acq & Relo Mgmt SMALL BUSINESS WOMEN-OWNED SMALL NORTH AMERICAN

(FA)

8701 Morrissette Drive

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

BUSINESS (WOSB)

ECONOMICALLY

DISADVANTAGED

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

811310 Springfield, VA 22152 VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SIZE STANDARD:

$12.5M

11. DELIVERY FOR FREE ON 12. DISCOUNT TERMS 13a. THIS CONTRACT IS A 8(A) 13b. RATING

BOARD (FOB) DESTINATION RATED ORDER UNDER 14. METHOD OF SOLICITATION REQUEST

UNLESS BLOCK IS MARKED

SEE SCHEDULE

15. DELIVER TO CODE

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

16. ADMINISTERED BY

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

CODE

FOR

PROPOSAL

(RFP)

17a. CONTRACTOR/

OFFEROR

TELEPHONE NUMBER

CODE FACILITY

CODE

Attn; Office of Acq & Relo Mgmt (FA) 8701 Morrissette Drive Springfield, VA 22152 18a. PAYMENT WILL BE MADE BY CODE

DEA

Attn: Office of Inspections (IG) lnvoice.lnspections@usdoj.gov Springfield, VA 22152

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Request for Quote is to acquire a Firm Fixed Price contract for preventive maintenance and repair services for the the fitness equipment in the DEA Employee Fitness Center in Arlington, VA for a 5 year period (1 Base Year + 4 Option years). The vendor will also provide all services in accordance with the attached Statement of Work. This procurement is being conducted under FAR Part 13.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

X

X mailto:charles.d.ivy@dea.gov mailto:lnvoice.lnspections@usdoj.gov

15DDHQ24A00000002 Page 2

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

[End of Section 1]

CLIN 0001 Maintenance service (Base Period) Firm Fixed Price CLIN 0002 Repairs and Replacement Parts (NTE by Government)

CLIN 1001 Maintenance service (Option Year 1) Firm Fixed Price CLIN 1002 Repairs and Replacement Parts (NTE by Government)

CLIN 2001 Maintenance service (Option Year 2) Firm Fixed Price CLIN 2002 Repairs and Replacement Parts (NTE by Government)

CLIN 3001 Maintenance service (Option Year 3) Firm Fixed Price CLIN 3002 Repairs and Replacement Parts (NTE by Government)

CLIN 4001 Maintenance service (Option Year 4) Firm Fixed Price CLIN 4002 Repairs and Replacement Parts (NTE by Government)

STATEMENT OF WORK

OBJECTIVE:

The Drug Enforcement Administration (DEA) requires monthly preventative maintenance services on all DEA Headquarters based fitness equipment, along with performing any repairs necessary to keep the fitness equipment in safe and full working condition for use in the Employee Fitness Center.

PERIOD OF PERFORMANCE:

This will be a 5-year contract with 1 Base Year and 4 Option Year periods. Period of Performance for these periods are as follows:

Base Period: 08/15/2024 to 08/14/2025 Option Year 1: 08/15/2025 to 08/14/2026 Option Year 2: 08/15/2026 to 08/14/2027 Option Year 3: 08/15/2027 to 08/14/2028 Option Year 4: 08/15/2028 to 08/14/2029

PLACE OF PERFORMANCE:

Contractor performance shall take place at DEA-HQ, 600 Army Navy Drive, Arlington, VA 22202.

REQUIREMENTS

All Fitness Center Equipment is to receive OEM recommended preventative maintenance on at least one instance per month, but the vendor may visit the site more than one day per month. Work hours are to be during weekdays Monday through Friday (excluding Federal holidays) from 9:00am to 11:00am (2 hours availability per visit). It shall be up to the Contractor to determine the most efficient manner in which to accomplish this work. In addition, the Contractor shall respond to calls for repair of broken or out-of-service equipment within 72 hours of notification from the Government. The initial response for repairs will be at no additional charge to the Government. However, costs for indicated repairs or replacement will be quoted separately for approval by the Government before any repair or replacement is performed (see “EQUIPMENT

REPAIR”).

TASK MONITOR:

The Task Monitor (TM) for this Order is Kenneth Iida, telephone number (571) 776-3274. The TM is responsible for receiving all deliverables, inspecting and accepting the supplies or services furnished, and certifying all invoices/vouchers for acceptance of the supplies or services furnished prior to approval for payment. The TM does not have the authority to alter the Contractor's obligations under this order, to direct changes that fall within the purview of the FAR General Provisions clause entitled "Changes" or to modify any of the expressed terms, conditions, specifications, or cost of the order." If as a result of technical discussions, it is desirable to alter or change Contractual obligations or the scope of the work, the Contracting Officer will issue such changes in writing and signed.

SECURITY

Security Access – The Contractor shall have building access to perform regularly scheduled preventative maintenance and repair on Employee Fitness Center equipment. As a result, the personnel security access level for this contract will be Sensitive but Unclassified (SBU). Only U.S. citizens, by birth or naturalized, shall be permitted to perform services on this contract. Under no circumstances shall Contractors have access to classified information or classified systems. The risk level associated with this contract is "Moderate" and the personnel working on this contract effort must undergo the appropriate background investigation or be issued a waiver by the Office of Security Programs, Personnel Security Section (ISR) prior to commencing work on this contract. ISR will conduct suitability reviews on all contractor personnel requiring access to DEA facilities, information technology systems, or SBU materials. ISR will make a final suitability determination on each contractor meeting the specified requirements under the security provision

DEA-2852.204.83.

LABOR TASKS:

All preventative maintenance activities and repairs are to be accomplished by individuals certified by the OEM to perform such work. In addition to the general duties, responsibilities, and qualifications described in the contract, the Contractors' personnel shall, at a minimum perform the following specific tasks, monthly:

a. Test cardiovascular equipment for proper operation.

b. Clean cardiovascular equipment per manufacturer’s recommendation.

c. Inspect treadmill belts and decks for signs of wear.

d. Lubricate treadmill belts and decks per manufacturer’s recommendation.

e. Inspect elliptical mechanical parts for signs of wear.

f. Check bike chains, cranks, pedals and straps and replace as required.

g. Machines will be serviced on a rotational basis depending on the quantity of equipment.

h. Inspection and general maintenance of all strength training equipment, including but not limited to:

adjusting cables, belts, pulley alignment, tightening bolts and adjusting range of motion cams.

i. Ordering OEM parts when needed.

j. All cleaning and equipment maintenance are per manufacturers recommendation.

k. Clean, repair and replace as necessary, all free weight equipment to include benches, barbell, bar locks, dumbbells and kettle weights.

EQUIPMENT REPAIR: Repairs (beyond what is included by OEM specified preventive maintenance) replacement and/or upgrades on the existing fitness equipment will be accomplished and funded by a separate CLIN on the basic service contract. In each repair instance, the Contractor shall provide a written quote detailing materials and labor required to effect the repair, replacement or upgrade. Such repair, replacement or upgrade shall only be performed upon approval by the Government. Contractors are to quote a firm-fixed price for preventive maintenance services on the existing fitness equipment and provide a separate quote for the hourly labor rate (inclusive of travel, overhead and profit) for repair of equipment above and beyond preventive maintenance.

Parts and materials shall be quoted at a price no higher than the lowest, commercial, off-the-shelf, offer for identical parts (including shipping and other direct costs) plus 10%, available at the time of the need for repair. An inventory of the fitness equipment is attached to this Statement of Work.

INVOICES:

Invoices for this task order shall be submitted to invoice.admin@usdoj.gov with copies to

Kenneth.m.iida@DEA.gov and Pauleta.Essiam@DEA.gov mailto:invoice.admin@usdoj.gov

DELIVERABLES:

Contractors shall submit information detailing those employees supporting DEA efforts in accordance with DEA Provision titled: Contractor Personnel Reporting Requirements (CPRR). The CPRR will be provided to the contractor upon award of the contract.

The Contractor shall provide a written report after each maintenance visit or service call within 3 business days and each report shall include: a detailed description of work performed on the equipment, any discrepancies noted, and (if needed) a repair action plan and proposal on equipment for which repairs are indicated. These reports are considered ESSENTIAL to successful performance of the contract. Therefore, failure to provide such reports, as prescribed, shall be deemed a deficiency on the part of the Contractor.

mailto:Kenneth.m.iida@DEA.gov mailto:andPauleta.Essiam@DEA.gov

SECTION 4.0 – CONTRACT ADMINISTRATION

4.1 DEA-2852.242-70 CONTRACTOR PERFORMANCE ASSESSMENT (APR 2020)

(a) Pursuant to FAR subpart 42.15, the Government will assess the Contractor’s performance under this contract. Performance assessment information may be used by the Government for decision-making on exercise of options, source selection, and other purposes, and will be made available to other federal agencies for similar purposes.

(b) Performance will be assessed in the following areas from the Statement of Work:

(1) Quality of product or service

(2) Schedule

(3) Cost Control

(4) Business Relations

(5) Management of key personnel

(6) Other appropriate areas.

(c) For contracts that include the clause at 52.219-9, Small Business Subcontracting Plan, performance assessments will consider performance against, and efforts to achieve, small business subcontracting goals set forth in the small business subcontracting plan.

(d) For any contract with a performance period exceeding 18 months, inclusive of all options, the Government will perform interim performance assessments annually and a final performance assessment upon completion of the contract.

(e) The Government will prepare contractor performance assessment reports electronically using the Contractor Performance Assessment Reporting System (CPARS). Additional information on CPARS may be found at www.cpars.gov.

(f) The Contractor will be provided access to CPARS to review performance assessments. The Contractor shall designate a CPARS point-of-contact for each contract subject to performance assessment reporting. Upon setup of a contract in CPARS, the Contractor’s CPARS point-of-contact will receive a system-generated e-mail with information and instructions for using CPARS. Prior to finalizing any contractor performance assessment, the Contractor shall be given 14 calendar days to review the report and submit comments, rebutting statements, or additional information. Disagreements between the Contractor and the Government performance assessment official will be resolved by a Government Reviewing Official, whose decision on the matter will be final.

(g) The Government will also report in the Federal Awardee Performance and Integrity Information System (FAPIIS) module of CPARS information related to:

(1) A Contracting Officer’s final determination that a contractor has submitted defective cost or pricing data.

https://www.acquisition.gov/content/part-42-contract-administration-and-audit-services#i1074222 http://www.cpars.gov/

(2) Any subsequent change to a final determination concerning defective cost or pricing data pursuant to 15.407-1(d);

(3) Any issuance of a final termination for default or cause notice; or

(4) Any subsequent withdrawal or a conversion of a termination for default to a termination for convenience.

(End of clause)

4.2 DEA-2852.242-71 INVOICE REQUIREMENTS (MAY 2012)

(a) The Contractor shall submit scanned or electronic images of invoice(s) to the following e-mail addresses:

(1) Process Coordinator: lnvoice.lnspections@usdoj.gov

(2) Contract Specialist: Charles Ivy charles.d.ivy@dea.gov; and

(3) Contracting Officer’s Representative: :Jeffrey.S.Keenen@usdoj.gov

(b) The date of record for invoice receipt is established on the day of receipt of the e-mail if it arrives before the end of standard business hours (5 p.m. local), or the next business day if the invoice arrives outside of normal business hours. Scanned documents with original signatures in .pdf or other graphic formats attached to the e-mail are acceptable. Digital/electronic signatures and certificates cannot be processed by DEA and will be returned.

(c) In addition to the items specified in FAR 32.905(b), a proper invoice shall also include the following minimum additional information and/or attached documentation:

(1) Total/cumulative charges for the billing period for each Contract Line Item Number

(CLIN);

(2) Dates upon which items/services were delivered; and

(3) The Contractor’s Taxpayer Identification Number (TIN).

(d) Invoices will be rejected if they are illegible or otherwise unreadable, or if they do not contain the required information or signatures.

(End of clause)

4.3 DEA-2852.242-72 FINAL INVOICE AND RELEASE OF RESIDUAL FUNDS

(MAY 2012)

(a) The Contractor shall submit a copy of the final invoice to the Contracting Officer at the address listed in clause DEA-2852.242-71, Invoice Requirements. The final invoice must be marked “Informational Copy – Final Invoice.”

(b) By submission of the final invoice and upon receipt of final payment, the mailto:lnvoice.lnspections@usdoj.gov mailto:charles.d.ivy@dea.gov mailto:Jeffrey.S.Keenen@usdoj.gov

Contractor releases the Government from any and all claims arising under, or by virtue of, this contract. Accordingly, the Government shall not be liable for the payment of any future invoices that may be submitted under the above referenced order.

(c) If residual funds on the contract total $100 or less after payment of the final invoice, the Government will automatically deobligate the residual funds without further communication with the vendor.

(d) If funds greater than $100 remain on this order after payment of the final invoice, the Government will issue a bilateral modification to deobligate the residual funds. The contractor will have up to 30 calendar days after issuance of the modification to sign and return it. The contractor’s signature on the modification shall constitute a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically exempted from the operation of the release. If the contractor fails to sign the modification or assert a claim within the stated period, the Government will deobligate the residual balance and proceed with close-out of the contract.

(End of clause)

4.4 DEA-2852.242-73 CONTRACTING OFFICER’S REPRESENTATIVE (MAY

2012)

(a) Pursuant to FAR 1.602-2, the following individual has been designated as the Contracting Officer's Representative (COR) under this contract:

Keith Websterster Facilities Operations Specialistacilities keith.d.webster@usdoj.gov

(b) The COR has responsibility for performing contract administration, which includes, but is not limited to, the following duties: functioning as the technical liaison with the contractor;

monitoring the contractor’s performance and progress of the work; receiving, inspecting, and accepting all deliverables or services provided under the contract; and reviewing all invoices/vouchers submitted for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of clause) mailto:TBD@usdoj.gov

4.5 DEA-2852.242-74 CONTRACT ADMINISTRATION POINTS OF CONTACT

(MAY 2012)

(a) The Contract Administration Office for this contract is:

U. S. Department of Justice Drug Enforcement Administration Office of Acquisition and Relocation Management (FA) 8701 Morrissette Drive Springfield, VA 22152

Contract Specialist/telephone #/email: Charles Ivy, 571-618-8339, charles.d.ivy@dea.gov

Contracting Officer/telephone #/email: Andrew Craig, 571-776-0978, Andrew.J.Craig@dea.gov

Contracting Officer’s Representative (COR): See DEA-2852.242-73

(End of clause) mailto:Sonya.L.Maxwell@usdoj.gov mailto:Andrew.J.Craig@dea.gov

4.7 52.219-17 - SECTION 8(A) AWARD (Jan 2017)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To finish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements, delegates to the Drug Enforcement Administration the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the Drug Enforcement Administration Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Drug Enforcement Administration.

4.8 52.219-18 - NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE

8(A) PARTICIPANTS.

Notification of Competition Limited to Eligible 8(a) Participants (Jan 2017)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

a. By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

b. Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

c. (d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts

d. (2) The TBD will notify the Drug Enforcement Administration Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far-smart-matrix.

(End of clause)

CONTRACTING OFFICER: Check the appropriate box only for clauses that are applicable to this procurement.

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND

OTHER COVERED ENTITIES, IN ALL SOLICITATIONS AND CONTRACTS (NOV 2021)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204–27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause—

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.

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.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using 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; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

52.212-4 ALT I CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) WITH ALTERNATE I (NOV https://www.acquisition.gov/far-smart-matrix https://www.acquisition.gov/content/52203-16-preventing-personal-conflicts-interest https://www.acquisition.gov/far/52.203-17 https://www.acquisition.gov/content/52204-4-printed-or-copied-double-sided-postconsumer-fiber-content-paper https://www.acquisition.gov/content/52204-9-personal-identity-verification-contractor-personnel https://www.acquisition.gov/content/52204-12-unique-entity-identifier-maintenance https://www.acquisition.gov/content/52204-13-system-award-management-maintenance https://www.acquisition.gov/content/52204-18-commercial-and-government-entity-code-maintenance https://www.acquisition.gov/content/52204-19-incorporation-reference-representations-and-certifications https://www.acquisition.gov/content/52204-21-basic-safeguarding-covered-contractor-information-systems https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services#id1989I600I4C https://www.acquisition.gov/far/52.204-27 https://www.acquisition.gov/content/52207-5-option-purchase-equipment https://www.acquisition.gov/content/52212-4-contract-terms-and-conditions-commercial-items https://www.acquisition.gov/content/52212-4-contract-terms-and-conditions-commercial-items

2021)

JAR 2852.212-4 TERMS AND CONDITIONS—COMMERCIAL ITEMS (NOV 2020) (DEVIATION)

When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212–4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:

(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.

(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, ‘‘Indemnities’’) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.

(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(s) 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 Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212–4, and the Unauthorized Obligations and Contractor’s Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212–4.

(3) FAR 52.212–5.

(4) Other paragraphs of the basic FAR clause at 52.212–4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212–4.

(5) Addenda to this solicitation, contract, or order, including contractor’s Commercial supplier agreements incorporated into the contract.

(6) Solicitation provisions if this is a solicitation.

(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212–4.

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or 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 (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or 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 commercial supplier agreement. If the commercial supplier agreement is invoked through an ‘‘I agree’’ click box or other similar mechanism (e.g., ‘‘clickwrap’’ or ‘‘browse-wrap’’ agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

(2) Paragraph (u)(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.

(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor’s commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, ‘‘this agreement’’ means any contractor commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

https://www.ecfr.gov/current/title-48/section-2852.212-4

(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.

(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.

(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.

(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212–4.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement,

(A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and

(B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease the overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212–4(s), as revised by JAR 2812.302 and 2852.212–4(s).

(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.

(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.

(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user’s compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of this agreement permits Contractor to audit the Government’s compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:

‘‘(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an explanation of the basis for the request, DOJ will provide a redacted version of the Government’s most recent Security Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably verify the Government’s compliance with its obligations under this agreement. Contractor understands and agrees that the Government will remove or redact any information from the SAA that it reasonably believes may compromise (a) the security of the Government’s information technology environment; (b) the confidentiality of any third-party proprietary or confidential information; (c) any confidential, sensitive law enforcement information; and (d) any other information that the Government believes may compromise a past, current, or prospective investigation, prosecution, or litigation. Notwithstanding the preceding, and subject to the Government’s policies and procedures for such review, including but not limited to complying with all Government security requirements prior to being granted access to the Government’s facilities, including the execution of appropriate confidentiality and/or non-disclosure agreements, the Government will arrange, upon Contractor’s written request, for Contractor to view an un-redacted version of the SAA on Government premises. Contractor understands that Contractor will be provided a copy of the un-redacted SAA on Government premises only and that no un-redacted copy of the SAA, or any medium containing information relating to it, will be permitted to be removed from Government premises.

(B) The Contractor also understands and agrees that the Contractor shall make a request under this paragraph no more than on an annual basis and only during the period of the contract, and that any activities performed by Contractor under this clause will be performed at Contractor’s expense, without reimbursement by the Government.

(C) Discrepancies found with regard to the restrictions on authorized use and/or the number of authorized users may result in a charge by Contractor to the Government. Any resulting invoice must comply with the proper invoicing and payment requirements specified in the contract. This charge, if disputed by the Government, will be resolved through the Disputes clause at 52.212–4(d); no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.’’

(xii) Taxes or surcharges. Any taxes or surcharges which the Contractor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xiii) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted under FAR 52.212–4 (b), Assignment.

(xiv) Confidential information.

(A) During the term of this contract or order, either party may identify information as ‘‘confidential information,’’ and there shall be no disclosure, dissemination, or publication of any such information except to the extent required for the performance of this contract or order and otherwise provided in this clause or by statute or regulation. Specifically, the parties agree that the party receiving confidential information may only disclose such information to its employees and contractors on a ‘‘need-to-know’’ basis to carry out the obligations of this contract or order, and that subcontractors performing under this Agreement are subject to the same stipulations provided in this provision. The parties also agree that this provision shall survive the termination of this contract or order, and any confidential information obtained or received which comes within these restrictions shall remain confidential, provided that the obligation to treat information as confidential shall not apply to information which is or becomes publicly available through no improper action of the receiving party; is or comes to be in the receiving party’s possession independent of its relationship with the disclosing party; is developed by or becomes known to the receiving party without use of any confidential information of the disclosing party; or is obtained rightfully from a third party not bound by an obligation of confidentiality. Additionally, nothing in this contract or order shall restrict disclosure by the receiving party pursuant to any applicable law, including but not limited to the Freedom of Information Act, 5 U.S.C. 552, et seq., or an order of any court of competent jurisdiction, provided that in either such case the receiving party gives prompt notice to the disclosing party to allow the disclosing party to interpose an objection to such disclosure, take action to assure confidential handling of the confidential information, or take such other action as it deems appropriate to protect its confidential information.

(B) The Government considers and hereby identifies as confidential any and all information related to…