2.2.1 solicitation 70LGLY22QGLB00113 draft posting.docx

Section A - Notes to Offerors

COMBINED SYNOPSIS/SOLICITATION: 70LGLY22QGLB00113

HEAD GEAR; CHEST PROTECTORS; AND GLOVES, FLETC, GLYNCO, GA

This is a combined synopsis/solicitation for Head Guard; Chest Protectors; and Gloves as a Request for Quotes (RFQ) for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

The RFQ number is 70LGLY22QGLB00113 and MUST be referenced on any documentation submitted to the Government.

This commercial item acquisition is 100% set aside for small business. The associated North American Industry Classification System (NAICS) code is 339920.

System for Award Management. By submission of a quote, the bidder acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to providing a quote. Please include your UEI number with your quote.

All questions concerning this acquisition must be submitted by September 21, 2022, 2:00 pm ET. Questions will be answered via a special note posted on sam.gov. Questions are to be submitted to erin.johnson@fletc.dhs.gov. Question received after this date and time will not be accepted.

This RFQ documents and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation (FAR) Circular: FAC 2022-07.

Acceptance of an award certifies that the firm will comply with FAR 52.222-50, Combating Trafficking in Persons, by notifying all employees and subcontractors at all levels.

ALL QUOTES ARE TO BE SUBMITTED TO ERIN.JOHNSON@FLETC.DHS.GOV BY SEPTEMBER 26, 2022, 1:00 PM ET.

If your quote does not provide the required information listed in the following description paragraph; then your quote will be determined to be unresponsive and will not be evaluated for an award. Quotes HAVE TO BE for item name brands/part numbers. No substitutions will be accepted and that meet the salient characteristics listed below. Equivalent items will not be accepted. If you quote for an equivalent item; then your quote will be determined to be unresponsive and will not be evaluated for an award. All quotes will be evaluated based on meeting name brand and salient characteristics, delivery of items, and price in that order. All items must be new. No repurposed items will be accepted.

Salient characteristics MUST BE submitted with your quote on the items you quote on.

Delivery will be made to 2400 Glynco Parkway; Brunswick, GA

This RFQ may result in multiple awards. Quotes can be for one (1) or more item group i.e. head guard; chest protector, or gloves.

Section B - Pricing

Federal Law Enforcement Training Center Head Guard; Chest Protectors; and Gloves

70LGLY22QGLB00113

Section C - Scope of Work/Requirements

This solicitation is for name brands/part numbers. No substitutions will be accepted.

1. Pro-Force Helmets

FLETC has a requirement for Pro-Force Headguard/Head gear with face cage (Helmet) for the training of law enforcement officers at multiple training sites in the United States. Helmets MUST be Pro-Force brand that meet the following salient characteristics:

Helmet Type: Acceptable Construction:

1. Exterior

a. Exterior must be durable 1mm or greater vinyl material that is resistant to absorption of sweat.

b. All exterior seams must have 1/8 of an inch of bias tape binding the seam. No raw edges.

c. Head gear will follow the natural contour of the human face and create sufficient contact points, including the chin area (unit shall not have chin strap), so that the head gear will remain in place during close contact high intensity training environments (will not be easily removed or shifted with minimal force or through normal grappling).

2. Interior

a. Must be made of shock reducing closed cell foam with soft synthetic cover with durability to last through stringent and repeated cleaning procedures in industrial cleaning machines.

b. The inner shock reducing closed cell foam will be beveled or angled toward the seams at the edge to prevent tearing and to increase comfort and fit.

c. The inner closed cell foam must be flexible enough so as not to crease, crack or have a loss of integrity of the foam while under repeated rigorous daily use and/or stringent and repeated cleaning in industrial cleaning machines.

3. Face cage

a. Must be made of heavy duty plastic and not removable with a single horizontal bar across the forehead, horizontal bar across the nose with two connected vertical bars.

b. The bars must be smooth with no rough or sharp areas to prevent bleeding.

c. The bars must be attached to the foam body of the helmet with flat durable stitching that will be vinyl to minimize wicking of perspiration and maximize sanitization. No knots or ties can be on the inside of the helmet to prevent rubbing or bleeding.

d. The bars must be attached to the outside of the helmet and protected on the inside with the closed cell foam covered with the synthetic cover. All must be smooth.

e. The outside of the cage must be smooth so as to not scrape or cut during incidental contact in training.

f. There must be a hook and loop closure on the back with durable elastic band on top.

4. Back

a. Velcro closure on back. Velcro 2 inches wide by 3 inches long.

b. Velcro should be attached to synthetic cover that is approximately 1 inch from top of ear hole with flexibility allowing the helmet to fit on different individuals.

c. Back head flap constructed of 12 mm shock reducing closed cell foam with synthetic cover with durability to last through stringent and repeated cleaning procedures in industrial cleaning machines. Minimally 4 ¾ inches wide with one side sewn into the back side ear area and the other side remains free to allow for fit to different individual sizing and allowing for maximum protection during control tactics training.

5. Ear hole

a. The ear hole will be a piece padding system. The body helmet will be attached to the synthetic liner allowing flexibility and placement of the ear hole into a proper position.

b. The shock reducing closed cell foam will be 1 inch at the top of the ear hole and taper down to ½ inch at the bottom of the ear hole on both sides, providing maximum protection over the ear.

Environmental Health and Safety

1. Helmets shall utilize components that minimize the hazards to personnel and the environment.

2. Helmets will not cause staining of the skin.

Packaging and Marking

1. Helmets must be available in black.

2. Helmet sizes must be marked on the helmet for ease and quickness of application to the appropriately sized individual

2. Adidas New Reversible Chest Guard (Chest Protectors)

General: FLETC has a requirement for chest protectors, that protect the chest, back, shoulders and side, for the training of law enforcement officers at multiple training sites in the United States. Chest Protectors MUST be Adidas brand that meet the following salient characteristics:

Chest Protector Type: Acceptable Construction:

1. Exterior

a. Exterior must be durable 1mm or greater vinyl material that is resistant to absorption of sweat.

b. All exterior seams much have ½ inch of bias tape binding the seam. No raw edges.

c. Must be reversible with a different color on each side.

2. Interior

a. Outer liner must be at least 1/8 inch thick of breathable open cell foam.

b. The inner liner must be synthetic (for sanitation) foam rubber at least 5/8 of an inch thick, designed to offer support, comfort, protection and flexibility for mobility during control tactics training.

c. The inner foam rubber must be flexible enough so as not to crease, crack or have a loss of integrity of the foam when placed on the trainee and wrapped around the rib cage while under repeated rigorous daily use and/or stringent and repeated cleaning in industrial cleaning machines.

3. Shoulder Pads

a. The chest protector must have large shoulder pads incorporated into the head opening.

b. Must cover the clavicle.

c. The interior padding for the shoulder pad must be approximately 1/8 of an inch thick, pliable, flexible for mobility and not limit movement.

d. The exterior of the shoulder pad must be constructed of durable 1mm or greater vinyl material that is resistant to absorption of sweat.

e. Securing ties must come off each side of the shoulder pad at the back.

4. Securing Strap

a. The first 8 inches in length of the strap from the shoulder pad must be a minimum of 1 inch wide elastic material. At least 34 inches of ¾ inch wide white, supple material will be attached to the elastic for the purposes of lacing through the back of the vest to secure the vest.

b. All attachment points of the securing strap must be minimally double stitched to prevent ripping from the vest.

c. The elastic material of the securing straps must be sewn to make an “X” and cross the material on the back to complete a “neck hole” type opening so the vest will be placed on the individual by slipping it over the head. This will also facilitate a lacing of the vest for securing to individuals of varying body types to maximize protection during control tactics training.

5. Side Flap

a. The side flap must be a two piece padding system from the main body of the chest protector to the side flap, separated with flexible material to ensure flexibility when securing the chest protector to the individual.

b. The side flap will aid in securing the chest protector without limiting movement.

c. The side flap must be a minimum of 3 ¼ inches wide with an inner liner synthetic (for sanitation) foam rubber at least 5/8 of an inch thick.

d. The side flap will have three sewn loops, approximately 2 inches in length, for the purpose of lacing the vest closed to secure. The loops must be constructed of 1 inch wide webbing or similar sturdy material that allows quick lacing.

e. The securing loops must be on both sides of the side flap as the chest protector must be reversible.

6. Must be able to withstand usage in high intensity training environment, chest protectors used daily and washed in a commercial machine every day for sanitization.

Environmental Health and Safety

1. Chest protector shall utilize components that minimize the hazards to personnel and the environment.

2. Chest protector will not cause staining of the skin.

Packaging and Marking

1. Chest protector must be available in colors combinations of, red, blue or black, with one color on one side and one color on the other side as the chest protector must be reversible.

2. Chest protectors must be available in sizes, medium, large, and extra-large.

3. Chest protector sizes must be marked with high visibility (at least ¾ inch marking) on the outside of the chest protector for ease and quickness of application to the appropriately sized individual.

3. Combat Sports Pro-Style MMA Gloves (grappling gloves)

General: FLETC has a requirement for grappling gloves for the training of law enforcement officers at multiple training sites in the United States. Grappling gloves MUST be Combat Sports – Pro Style MMA brand that meet the following salient characteristics:

Glove Type: Acceptable Construction

1. Exterior

a. Must be leather greater than 1mm thick

b. Liner must be synthetic for sanitation

c. Leather must be supple enough not to require a break-in period to eliminate bleeding.

d. Two piece padding system across the top of the Dorsum of the hand, the fingers to the first Pip joint, separated with flexible or elastic material to ensure flexibility and dexterity of hand to manipulate weapons systems, handcuffs/key, etc.

e. Padding across knuckle must be 1 ½ inch that fits naturally on the hand to offer maximum protection while striking.

2. Wrist Wrap

a. First Velcro tab must be 1.5 inches from glove on strap and be 2 inches long, second Velcro tab must be 5.5 inches from glove on strap and be 2 inches long and Velcro on end wrist strap must be at least 3 inches long to allow for different size individuals to adequately secure the glove for proper safety.

b. Velcro on wrist body of glove must be at least 2 inches long to allow for adequate securing of the wrist strap for proper safety while striking.

c. Minimum 2-inch wide Velcro wrist strap for support with a length of 16-18 inches to wrap around the wrist two times to offer maximum support for unskilled strikers.

3. Stitching

a. Stitching in fingers must be smooth enough not to cause bleeding, yet strong enough to last through stringent and repeated cleaning procedures in industrial cleaning machines.

b. All raw edge seams must be double stitched to prevent tearing/ripping of the glove during rigorous use and daily cleaning in industrial machines.

4. Open fingers

a. Finger holes cannot have raw edges, they must be bound using the leather as a bias material to securely cover the raw edge to prevent tearing/ripping of the glove. The bound finger tips must be flexible and supple to eliminate bleeding to fingers.

b. The fingers must have a small, approximate ½ inch horizontal slit below each of the four fingers to allow for flexibility of the fingers while striking. Raw edges are acceptable.

5. Open Palm and Thumb

a. The palm should have an opening that begins approximately ½ inch from the stitching of the thumb and ends approximately ¾ inch from the side seam of the glove. The bottom of the palm opening should be approximately 3 inches from the bottom of the glove and the top opening of the palm opening should be approximately ½ inch from the finger flex hole. The palm opening is required for full range of motion to allow for flexibility, dexterity and proper striking.

b. The thumb must be open and unencumbered allowing full rotation of the thumb. If seams are raw edges, they must be double stitched and flexible and supple to eliminate bleeding.

6. Must be able to withstand usage in high intensity training environment, gloves used daily and washed in a commercial machine every day for sanitization.

Environmental Health and Safety

1. Grappling gloves shall utilize components that minimize the hazards to personnel and the environment.

2. Gloves will not cause staining of the skin.

Packaging and Marking

1. Gloves must be available in colors, red, blue or black

2. Gloves must be available in sizes medium, large, and extra-large

Section D - Clauses

D.1 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/these address(es): www.acquisition.gov/far (End of clause)

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)

52.212-4 Contract Terms and Conditions - Commercial Items (NOV 2021)

52.225-8 Duty Free Entry (OCT 2010)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.247-34 – F.o.b. Destination (NOV 1991)

3052.205-70 Advertisements, Publicizing Awards, and Releases. (SEP 2012)

3052.242-72 Contracting Officer's Representative. (DEC 2003)

D.2 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (SEP 2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

_X_ (50) 52.225-5, Trade Agreements (OCT 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

D.3 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. 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 60 days.

(End of clause)

D.4 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

Funds are not presently available for performance under this contract beyond FY22. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 2023, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

Section E – PROVISIONS

E.1 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov/far (End of provision)

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-20 Predecessor of Offeror (AUG 2020) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015)

52.209-7 Information Regarding Responsibility Matters (OCT 2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

52.217-5 Evaluation of Options (JULY 1990)

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020)

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

E.2 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (NOV 2021)

ADDENDUM TO 52.212-1

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 339920, 750 million

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on letterhead stationery, or as otherwise specified in the solicitation but MUST include Section B above filled out. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms on Section B above;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 Unless reps and certs are filled out and included in your SAM registration then only paragraph b under FAR 52.212-3;

(9) Acknowledgment of Solicitation Amendments;

Offerors shall submit an electronic copy of its quote via email to Erin.Johnson@fletc.dhs.gov no later than 1:00 pm, ET, September 26, 2022. Due to the current environment with COVID only electronic submission can be accepted.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) (i) The GSA Index of Federal…