2.02.01 70FBR425Q00000162, Guard Service.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERICAL ITEMS

Federal Emergency Management Agency Point of Contact: Stewart Knotts

Email: stewart.knotts@fema.dhs.gov

Solicitation Number: 70FBR425Q00000162 Posted Date: July 17, 2025 Deadline for Questions: July 22, 2025, by 2:00 pm ET Quotations Due: July 25, 2025, by 2:00 pm ET Classification Code: S206 – Guard Services Set Aside: Small Business with Local Area Preference NAICS Code: 561612 – Security Guards and Patrol Services

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

II. Solicitation 70FBR425Q00000162 is being issued as a Request for Quote (RFQ).

III. This solicitation document and its incorporated provisions and clauses are those in Federal Acquisition Circular (FAC 2025-04), effective June 11, 2025.

IV. This effort is solicited as a Small Business set-aside, with preference given to local firms within the declared counties of Florida in accordance with the Robert T. Stafford and Local Community Recovery Act of 2006 under NAICS code 561612 – Security Guards and Patrol Services. The Small Business Size Standard is $29M. Per FAR 26.202, Local Area Preference, preference shall be given, to the extent feasible and practicable, to local firms. This effort will consider small business firms, with preference given to those businesses primarily in areas affected by Hurricanes Helene and Milton as declared by Presidential disaster declarations DR-4828 and DR-4834 in the State of Florida (see Attachments 5 - Disaster Declaration Maps).

Please be advised, funds are not presently available. The Government’s obligation under this request 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 until funds are made available to the Contracting Officer for this award and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

V. Contract Line Items - All interested firms shall provide quotes for the solicited services described in Attachment 01 – Performance Work Statement (PWS) and Attachment 2: Pricing Schedule Worksheet.

VI. N/A

VII. Service will be required immediately after award. The period of performance will consist of a 180-day Base period, and two (2) 90-day Option periods. Service will be performed at both temporary and fixed facilities as designated by FEMA in support of disaster response & recovery operations in the State of Florida.

mailto:stewart.knotts@fema.dhs.gov

VIII. FAR 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition, as does an addendum.

IX. FAR 52.212-2, Evaluation – Commercial Items

Proposal Instructions: The contractor’s response must be submitted in two parts (separate PDF files): a technical proposal and a price proposal. Each volume shall be separate and complete so that evaluation of each may be accomplished independently. Both the technical proposal and price proposal shall be submitted via email to the Contracting Officer.

a) The Government intends to award a firm-fixed price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Offers will be evaluated for best value using trade-off criteria. The following factors will be used to evaluate offers:

1. Technical Capability

2. Past Performance

3. Price

Technical and past performance, when combined, are approximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision)

Volume I: Technical Proposal

Contractors are required to submit a comprehensive and complete technical proposal that demonstrates their ability to perform the tasks described in the PWS. Contractors must be responsive to all the requirements of this notice and provide sufficient information to allow evaluation of the technical quotation per the evaluation factors. It must be concise, well written and presented in a clear straight-forward manner. Factor 1. Technical Capability shall be prepared using the following guidance:

Maximum of 12 single-sided pages. Submitted on 8½” x 11” pages, using no less than ten (10) point character size. There are no page limitations for Factor 2. Past Performance. Contractors are required to adhere to all the page limitations. Information found on pages that exceed any page limitation will not be considered.

Factor 1. Technical Capability (limited to 12-pages)

The Contractor shall describe their proposed solution to achieve requirements outlined in the PWS and address the offeror’s technical approach and methodology. At a minimum, the offeror shall address the functions and disciplines involved for each objective, skill levels, and quantity of resources and methods of operation.

The Contractor shall address how they will manage risks (both identifying and mitigating risks).

Moreover, the offeror shall include a detailed discussion on how any subcontracted work will be managed and integrated to ensure efficient and effective services are provided. The technical proposal will be evaluated to access the level of confidence that the offeror will successfully meet PWS requirements.

Additionally, the Contractor’s proposal will be evaluated on their response to the following questions:

Question 1: Has the offeror provided their approach on how the company will fulfill and comply with the requirements in the PWS?

Question 2: Does the offeror’s proposal provide assurance the company can provide sufficient personnel that meet work experience and firearm qualifications IAW Sections 3.1.2 and 3.1.3? Additionally, do these individuals have the necessary license to operate in the State of Florida.

Question 3: Did the offeror show their capability to provide at a minimum of 35 personnel to post under this contract IAW Section 1.2 of the PWS, as well as meet minimum qualification as outlined in Section 3.1.1?

3a. Has contractor completed Attachment 24 – Appendix E – Security Guard Roster?

Question 4: Has the offeror established that they have all equipment, personnel, tools, equipment, materials, transportation, servicing and supervision required to provide the required level of Security Services and hours that may be required of the Offeror in the PWS?

4a: Has contractor completed Attachment 23 – Appendix C – Weapons Roster?

Question 5: Has the offeror established the ability to provide timely delivery of Security Guards when tasked to do so and can immediately support placing guards on posts as indicated in the PWS?

Question 6: Did the offeror complete and submit all required attachment documents with their proposal?

RATING SCHEME FOR TECHNICAL PROPOSAL

RATING DESCRIPTION

High Confidence The Government has a high level of confidence that the offeror understands the requirement and will be successful in performing the contract.

Some Confidence

The Government has a moderate level of confidence that the offeror understands the requirement and will be successful in performing the contract.

Low Confidence

The Government has a low level of confidence that the offeror understands the requirement and will be successful in performing the contract.

Factor 2: Past Performance (no page limit)

The submitted past performance experiences shall be of contractual work that is similar to the requirements set forth in this solicitation. Past experience summaries shall be for projects completed in the last three years or currently in progress, which are of similar size, scope, and complexity relevant to the effort required by this solicitation. Contracts listed shall include Federal Government, agencies of the State and local governments. Contracts with the parent or an affiliate of the offeror may not be used. The following information shall be provided for each referenced contract:

a. Program title or project name

b. Contract number

c. Contract type

d. Brief synopsis of work performed.

e. Brief discussion of how the work performed is relevant to this solicitation.

f. Contract value

The Government will consider the aforementioned information, as well as information obtained from any other sources, when evaluating the offeror’s experience. The past performance evaluation will assess the offeror’s record of recent and relevant work for government and private sector clients. Attachment 3: Past Performance Questionnaire may be used but is not required when submitting past performance information.

Past Performance Questionnaires should address the following questions:

Question 1: Does the offeror have past performance? If so, was the questionnaire completed in its entirety?

Question 2: Is the provided past performance recent (performed within the last 3-years) and relevant (work of similar size and scope)?

RATING DEFINITIONS FOR PAST PERFORMANCE

RATING DESCRIPTION

Exceptional Based on an offeror’s past performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

Satisfactory

Based on an offeror’s past performance record, it is likely that the offeror will successfully perform the required effort.

Unsatisfactory

Based on an offeror’s past performance record, it is not likely that the offeror will successfully perform the required effort.

Neutral

No performance record is identifiable upon which to base a meaningful performance rating.

This is neither a negative nor positive assessment.

Volume II: Price Proposal

Factor 3. Price

Offerors shall complete Attachment 2: Pricing Schedule Worksheet and return with proposal submission.

Do not change the Government provided estimated level of effort; simply provide the name of your company and insert the fixed labor rate. The Government will verify calculations for accuracy and reasonableness.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

X. FAR 52.212-3, Offeror Representation and Certifications is not required to be completed in response to this solicitation. All vendors must be registered in System for Awards Management (http://www.sam/gov/portal) to be eligible for award.

XI. FAR 52.212-4, Contract Terms and Conditions, applies to this acquisition.

http://www.sam/gov/portal

XII. FAR 52.212-5, Contract Terms and Conditions Required to Implement Status of Executive Orders – Commercial Products and Commercial Services (Jan 2025) applies to this acquisition, with the following additional clauses specifically cited and applicable to this acquisition: (b)(1) 52.203-6; (b)(4) 52.203-17;

(b)(5) 52.204-10; (b)(7) 52.204-14; (b)(9) 52.204-27; (b)(12) 52.209-6; (b)(13) 52.209-9; (b)(18) 52.219- 6; (b)(23) 52.219-14; (b)(31) 52.222-3; (b)(33) 52.222-21; (b)(35) 52.222-35; (b)(36) 52.222-36; (b)(37) 52.222-37; (b)(38) 52.222-40; (b)(39) 52.222-50; (b)(40) 52.222-54; (b)(53) 52.226-4; b(54) 52.226-5;

(b)(55) 52.226-8; (b)(59) 52.232-33; (c)(1) 52.222-41; (c)(3) 52.222-43; (c)(7) 52.222-55; (c)(8) 52.222- 62.

XIII. In accordance with FAR 52.252-1 and FAR 52.252-2, the following solicitation clauses and provisions are incorporated by reference, available at www.acquisition.gov/far/:

FAR 52.202-1 Definitions FAR 52.203-3 Gratuities FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation of Reference of Representation and Certifications FAR 52.204-22 Alternative Line-Item Proposal FAR 52.224-1 Privacy Act Notification FAR 52.224-2 Privacy Act FAR 52.233-2 Service of Protest FAR 52.246-25 Limitation of Liability – Services

FAR 52.212-1 Addendum – As noted at item VIII this Addendum replaced the text of FAR 52.212-1 in its entirety:

Instructions to Vendors – Commercial Items

(a) Proposals must be received by Friday, July 25, 2025, by 2:00 pm ET. Submission shall be via email to stewart.knotts@fema.dhs.gov As a minimum, quotations must contain:

(1) The Request for Proposal number;

(2) The name, address, and telephone number of the vendor;

(3) Item Quantity and Description of items being quoted in sufficient detail to evaluate compliance with the requirements in the sonication. This may include product literature, or other documents, if necessary;

(4) Price and any discount terms;

(b) Prospective offerors must be registered in the System for Award Management (SAM) (www.sam.gov) in order to be eligible for award. All responsible sources may submit a quotation which, if timely received, shall be considered by this agency. The Government will award a labor-hour contract resulting from this RFQ to the responsible offeror whose offer provides the best valued quote to the government.

(c) Late submissions.

(1) Vendors are responsible for submitted quotations to reach the Government office designated by the date and time specified in this solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 pm, local time, for the designated Government office on the date that quotations are due.

http://www.acquisition.gov/far/ http://www.sam.gov/

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is considered late and will not be considered unless it is received before purchase order issuance and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition.

(d) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).”

(1) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under FAR 52.217-8 (maximum of six months), the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

(e) The Stafford Act – Local Area Evaluation Preference

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except for offers who reside or primarily do business in the disaster or emergency area. The factor of 10 percent shall be applied on a line-item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. When the two highest rated offerors are a local business concern and a non-local business concern, and the evaluated offer of the local business concern is equal to the evaluated offer of the non-local business concern after considering the price evaluation preference, award will be made to the local business concern.

(2) Local Area Offerors: If an offeror fails to comply with local area criterion or the contracting officer determines the offeror does not meet the criteria that it resides or primarily does business in the disaster or emergency area, then its offer will be evaluated by adding a factor of 10 percent to its price.

(f) Wage Determinations have been provided for the following counties: Alachua, Leon, Manatee, and Taylor. Additional, Wage Determinations may be incorporated, as necessary, to support future disaster response and recovery operations.

(g) System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services. Additional examples include 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services, and 52.213-4, Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services;

• Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services;

• Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services; and

• Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

(h) Contractor acknowledges that this order shall conform to DHS FAR Class Deviation 25-01, dated

February 21, 2025, implementing Executive Orders 14173 and 14168.”

“FAR Class Deviation 25-03: In accordance with Executive Order’s 14148 and 14208, the following notice is incorporated into this award:

Contracting Officers shall also include the following notice and refrain from considering the representations listed in the notice:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Components shall not consider or use these representations. Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) and (t) of 52.212-3, Offeror Representations and Certifications—

• Commercial Products and Commercial Services.

• Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. Additionally, per this deviation, in paragraph (b)(46), E.O. 14057 does not apply;

• Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

• Commercial Products and Commercial Services; and Paragraphs (a)(1)(vii) and (a) (1)(viii) of 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). Additionally, per this deviation, in paragraph (b)(1)(xvii), E.O. 14057 does not apply.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

FAR 52.216-1, Type of Contract The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

(End of Provision)

FAR 52.217-5 Evaluation of Options Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision)

52.217-7 Option for Increased Quantity-Separately Priced Line Item.

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor 48-hours. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause)

FAR 52.217-8 Option to Extend Services The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. 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 one (1) day. (End of clause)

FAR 52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within one

(1) day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least three (3) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 12-months. (End of clause)

52.224-3 Privacy Training – Alternate I (DEVIATION)

(a) Definition. As used in this clause, personally identifiable information means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget (OMB) Circular A–130, Managing Federal Information as a Strategic Resource).

(b) The Contractor shall ensure that initial privacy training, and annual privacy training thereafter, is completed by contractor employees who—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information on behalf of an agency; or

(3) Design, develop, maintain, or operate a system of records (see also FAR subpart 24.1 and 39.105).

(c) The contracting agency will provide initial privacy training, and annual privacy training thereafter, to Contractor employees for the duration of this contract. Contractor employees shall satisfy this requirement by completing Privacy at DHS: Protecting Personal Information accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Training shall be completed within 30 days of contract award and be completed on an annual basis thereafter not later than October 31st of each year.

(d) The Contractor shall maintain and, upon request, provide documentation of completion of privacy training to the Contracting Officer.

(e) The Contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information, or to design, develop, maintain, or operate a system of records unless the employee has completed privacy training, as required by this clause.

(f) The substance of this clause, including this paragraph (f), shall be included in all subcontracts under this contract, when subcontractor employees will—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or

(3) Design, develop, maintain, or operate a system of records. (End of clause)

HSAR 3052.205-70 Advertisements, Publicizing Awards, and Releases The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. (End of clause)

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

https://www.acquisition.gov/browsefar

(a) Clauses.

https://www.acquisition.gov/browsefar

HSAR 3052.204-71 Contractor Employee Access HSAR 3052.204-72 Safeguarding of Controlled Unclassified Information HSAR 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents HSAR 3052.242–72 Contracting Officer's Representative (Dec 2003)

FAM 3X05.470-90 Press Releases

Advertisements, Publicizing Awards, and Press Releases

All press releases or announcements about Agency programs, projects, and/or contract awards need to be cleared by the FEMA CO. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity press release or commercial advertising without first obtaining explicit written consent to do so from the CO. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or considered to be superior to other products or services.

Information Technology Security Awareness Training (Jul 2023)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Security Training Requirements.

(1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user’s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise specified, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, initial training certificates for each Contractor and subcontractor employee shall be provided to the Contracting Officer’s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via email notification not later than October 31st of each year. The email notification shall state the required training has been completed for all Contractor and subcontractor employees.

(2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award.

Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the

DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, the Contractor shall email copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually, and the COR will provide notification when a review is required. (End of clause)

Section 508 Compliance Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L.105-

220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled Federal employees and members of the public. All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable EIT accessibility standards have been identified: Section 508 Applicable EIT Accessibility Standards

AI Language Clause The Contractor will not use or deploy the use of Artificial Intelligence, as defined by 15 U.S.C. 9401(3), unless expressly authorized by the Contracting Officer.

The term ‘‘artificial intelligence’’ means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to –

(A) perceive real and virtual environments;

(B) abstract such perceptions into models through analysis in an automated manner; and

(C) use model inference to formulate options for information or action.

NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for disputes resolution, Alternative Dispute Resolution (ADR). ADR is an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA’s ADR services, please contact FEMA’s ADR office at the following address:

Federal Emergency Management Agency Alternative Dispute Resolution Division FEMA Office of Chief Counsel 400 Virginia Avenue, SW Washington, DC 20472-3400

If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third-party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest.

Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103.

A. Definitions.

1. “Agency protest” is one that may be filed with either the contracting officer or the officer responsible for the resolution of all agency protests filed at the level above the contracting officer.

2. “Ombudsman” is the agency official above the level of the contacting officer designated by the Director of Acquisitions Operations to handle and issue the formal agency decision resolving the protest.

Protesters using these procedures may protest directly to the ombudsman.

3. “Day” is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is Saturday, Sunday, or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday, or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open.

B. Submission Guidelines.

1. Agency protests may be filed through the contracting officer or, at a level above the contracting officer, through the ombudsman via email as follows:

FEMA Contracting Officer Name: Stewart Knotts Email: stewart.knotts@fema.dhs.gov Phone: (202) 445-7811 or FEMA Ombudsman Name: David Orris Email: david.orris@fema.dhs.gov Phone: (301) 447-1830

2. The subject block of the email must be marked “Agency Protest”. If the protester submits the protest directly through the ombudsman, the protester must also, within one (1) day of submitting the protest to the ombudsman, submit a copy of the protest to the responsible contracting officer via email.

3. To be filed on a given day, protests and any subsequent appeals must be received by 4:30 p.m., current-local time. Any protests received after that time will be considered to be filed on the next day.

4. Protest submission will not be considered filed until all of the following information is provided:

a. The protester’s name, address, telephone number and fax number;

b. The solicitation or contract number;

c. A detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced;

d. Copies of relevant documents;

e. A request for ruling by the agency;

f. A statement detailing the form of relief requested;

g. All information establishing that the protester is an interested party for the purposes of filings a protest; and

h. All information establishing the timeliness of the protest.

5. All protests must be signed by an authorized representative of the protester; and must be addressed to the contracting officer or the ombudsman.

mailto:david.orris@fema.dhs.gov

C. Timeliness/Resolution of Protests.

1. Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation.

2. Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester but shall be filed not later than 10 days after the date on which the debriefing is held.

Protests filed through the contracting officer within 20 days after the protest is filed through the contracting officer, the contracting officer will send a written ruling and a summary of the reasons supporting the ruling to the protester via email.

D. Appeals.

1. Protesters who filed protests through the contracting officer may, within five days of receipt of the contracting officer’s written ruling, appeal to the ombudsman.

2. Requests for appellate review must be submitted to the ombudsman via email.

3. The ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester via email within 10 days of receipt of the request for appellate review of the contracting officer’s decision.

4. In accordance with FAR 33.103(d)(4) and 4 C.F.R. 21.2(a)(3), if there is an agency appellate review of the contracting officer’s decision on the protest, it will not extend GAO’s timeliness requirements.

Therefore, any subsequent protest to the GAO must be filed within 10 days of knowledge of initial adverse agency action.

E. Protests filed through the ombudsman:

1. If the protester protests directly through the ombudsman, the ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester via email within 35 days after the protest was filed.

2. Protests filed directly through the ombudsman cannot be appealed within the agency.

F. Dismissal of Protests. The agency may dismiss protests when protesters file protests through the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely, or the protest fails to clearly state legally sufficient grounds of protests).

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES

(DEVIATION 20-05) (JUL 2024)

(a) Definitions. As used in this clause- Kaspersky Lab covered article means any hardware, software, or service that–

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

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

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

Kaspersky Lab covered entity means–

(1) Kaspersky Lab;

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

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

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

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from—

(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and

(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and https://dibnet.dod.mil/ any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. (End of clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05) (DEC 2020)

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

"Covered foreign country" means The People's Republic of China. "Covered telecommunications equipment or services" means-

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

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

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

or

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

"Critical technology" means-

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

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

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

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

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

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

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817).

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

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

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

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

(b) Prohibition.

(1) Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c)…