2026 - Lead Acid Batteries 70Z08026Q17005B00.docx

Solicitation No.: 70Z08026Q17005B00 Commanding Officer USCG Surface Forces Logistics Center

(CPD-C&P1-PBPL)

2401 Hawkins Point Road, Bldg. 31 LL Baltimore, MD 21226

Request for Proposal 70Z08026Q17005B00

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes only solicitation. A quote is being requested, and a written solicitation will not be issued. This requirement will be satisfied using FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items.

II. The solicitation number is 70Z08026Q17005B00. The solicitation is being issued as a request for quotation (RFQ).

III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular (FAC) 2021-06.

IV. The North American Industry Classification System (NAICS) Code for this contract is 335911, with a small business size standard of 1,250 employees.

V. A list of the Contract Line-Item Numbers (CLINS), items, quantities, and units of measure to be acquired for the contract can be found in the SCHEDULE OF SUPPLIES - CLIN - Attachment 1.

VI. Description of the Requirement: The U.S. Coast Guard Surface Forces Logistics Center intends on awarding a requirements contract with firm fixed price delivery orders for five (5), one (1) year ordering periods for the purchase of brand name or equal lead acid batteries and total supply chain management (delivery, pick-up and disposal service) for the U.S. Coast Guard’s Patrol Boat Cutters in accordance with this solicitation, following description of the requirements and in combination with the Statement of Objectives, Attachment 3.

The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the attached data sheets for each CLIN 1-13.

1) Lead acid batteries for this requirement are defined as a storage battery with lead electrodes with dilute sulfuric acid as the electrolyte and will include wet charged, dry charged, sealed, valve regulated, absorbed glass mat (AGM) & gel technologies required for all USCG SFLC Patrol Boat Product Line assets, systems or related equipment. Depending on future need, batteries could be added to or replaced on this contract under a modification.

2) Batteries will be delivered to numerous USCG homeports located throughout the Continental United States as well as Hawaii, Alaska, Puerto Rico, Guam and Southwest Asia. All batteries must be delivered fully charged, with correct volume of electrolyte, ready for installation to all Patrol Boat locations. To be considered for award on this requirement, vendors must propose a firm fixed price for each battery type, and this firm fixed cost per battery must be proposed to include at no additional cost the following requirements to a minimum of 70% of the Patrol Boat Delivery Service Areas listed on Table A:

*Vendor Furnished Delivery (new batteries)

**Vendor Performed Pick-up (used batteries)

***Vendor Performed HAZMAT Disposal (used batteries)

3) New battery delivery is also required in areas outside the vendor’s proposed fixed price delivery, pick-up and disposal areas on Table A under this contract. Deliveries in these areas will be at the agreed upon firm fixed cost, plus (+) Government reimbursement for all shipping charges vendor incurs in delivery to these service areas. Service areas outside those proposed by vendor on Table A, DO NOT require nor is the vendor obligated to perform used battery pick-up or disposal; this will be performed organically at the local unit level by USCG.

* “Vendor Furnished Delivery (new batteries)” for the purposes of this requirement, in the service areas proposed at firm, fixed price by the vendor as identified on Table A, and for any/all locations outside the agreed service areas, “vendor furnished delivery” is defined as “delivery of new batteries which are fully charged, properly packaged and transported in compliance with all Federal, State and local government guidelines to the Patrol Boat pier side berth or shipping/receiving facility at the address on the delivery order”. Transportation of new batteries may be performed by any licensed commercial freight carriers and may incorporate land, sea and air modes of transport - such as but not limited to UPS, FedEx, DHL and many more. However, final delivery to the Patrol Boat delivery address in all instances shall only be made by licensed commercial carrier truck/van or by vendor or sub-contractor operated commercially licensed truck/van unless specifically authorized in writing by the USCG on a case-by-case basis.

** “Vendor Performed Pick-up (used batteries)” for the purposes of this requirement, in the service areas proposed at firm, fixed price by the vendor as identified on Table A, “Vendor Performed Pick-up” is defined as a vendor operated or sub-contractor operated commercial vehicle which is employed in the routine business of transporting used unpackaged lead acid batteries for the purposes of performing battery disposal. At the time of new battery delivery or within 15 days of receiving such delivery, the USCG will contact the vendor provided with single point of contact, via email or phone, with a pickup request for an equal amount and type of used batteries as those delivered new under the delivery order. The vendor will be obligated to schedule with the USCG a date for and provide pick-up of the respective quantity of used batteries and transport them off-site for disposal within 7 business days of receipt of such request.

The USCG will not perform or be liable for any inspection of used batteries, preparation and packaging of used batteries or any other functions or interventions involved in preparing used batteries for pick-up, determining suitability for transportation/shipping or disposal; other than consolidating them in a single location readily accessible to commercial vehicle, for vendor furnished pick up at the delivery address listed on the respective new battery order.

The vendor assumes 100% of the responsibility for inspecting each unpackaged used battery presented by the USCG for pick-up and is solely liable for determining their suitability for transport. Only after a complete visual inspection of the used batteries, will the vendor make necessary preparations for transportation, load and remove off-site all used batteries presented for pick-up that they deem suitable to transport for disposal. In such a case where batteries are determined not suitable for pick-up and transportation, they shall be identified by the vendor (or their subcontractor) and photographed. These photos shall be presented to the USCG Contracting Officers Representative (COR) along with a Condition Found Report (CFR) simply describing the factors found to make the battery(s) unsuitable for transportation. The photos are required to clearly show the defects and conditions found and along with CFR, shall be sent to the email address specified in the contract for the COR within 3 business days of such findings, along with the delivery order number and Patrol Boat name.

All used batteries presented by the USCG for vendor pick-up and disposal that are determined by the vendor not suitable for transport shall be left on-site in the exact same location and condition they are found to be as presented for pick-up and shall become the sole responsibility of the USCG to properly dispose of. The vendor shall have absolutely no liability for used unpackaged batteries presented by the USCG for pick-up and disposal which are found to be damaged or unsuitable for transport in any way and are to be left on-site for those reasons.

**The vendor is, however, contractually obligated to notify the COR of such findings to the extent described above.

***” Vendor Performed HAZMAT Disposal (used batteries)” for the purposes of this requirement and only in service areas proposed by the vendor on Table A, is defined as vendor performed HAZMAT disposal of all used lead acid batteries collected from USCG Patrol Boat Delivery Service Areas via recycling facilities and methods that comply with all Federal, State and local government rules and regulations pertaining to such operations. The vendor assumes all liability for transportation of the used batteries and shall be contractually bound to comply at all times with the aforementioned requirements upon pick-up, removal and transportation off-site of used batteries collected from USCG Patrol Boat delivery service locations and anytime thereafter while in custody of the vendor furnished pick-up and transport services in route to the HAZMAT collection depot or recycling facility destination.

The USCG will not be liable for any aspect of Vendor Performed HAZMAT Disposal of used batteries and will not perform any function or intervention in performance of such; other than preparing used batteries for pick-up and disposal by consolidating them in a single location readily accessible to commercial vehicle, for vendor furnished pick up at the delivery address listed on the respective new battery order.

4) The following lead acid battery Contract Line-Item Numbers (CLINs) are required to be furnished under this contract. Depending on future Patrol Boat system needs during the period of performance, specific batteries could be deleted, added or replaced on this contract under modification.

CLIN

52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the Quoter plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products based on information furnished by the Quoter or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the Quoter clearly indicates in its offer that the product being offered is an "equal" product, the Quoter shall provide the brand name product referenced in the solicitation.

(End of provision)

Place of Performance: Delivery, pick up and disposal of lead acid batteries to support over 100 patrol boats dispersed to over 60 zip codes around the continental United States as well as Alaska, Hawaii, Puerto Rico, Guam and Southwest Asia. The specific battery distribution requirements are found in Attachment 2 (Table A).

VII. Delivery:

FAR 52.211-8 Time of Delivery (June 1997)

(a) The Government requires delivery to be made according to the following schedule:

This delivery schedule shall apply to all routine and emergency delivery orders in the Contiguous United States (CONUS) and Out of the Contiguous United States (OCONUS) service areas identified on TABLE A by the vendor as being in their service area and will apply to all orders for a period of performance of five (5) ordering periods.

CLIN 1 thru CLIN 14 ROUTINE CONUS and Puerto Rico (Priority 5 Orders)

CLIN 1 thru CLIN 14 EMERGENCY CONUS and Puerto Rico (Priority 2 Orders)

CLIN 1 thru CLIN 14 ROUTINE OCONUS Alaska & Hawaii (Priority 5 orders)

CLIN 1 thru CLIN 14 ROUTINE OCONUS Priority 5 orders Guam & Southwest Asia.

The Government will evaluate equally, as regards time of delivery, quoters that propose delivery of each quantity within the applicable delivery period specified above. Quoters that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when a quoter proposes an earlier delivery schedule than required above. If the quarter offers no other delivery schedule, the required delivery schedule above will apply.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of quoter mailed, or otherwise furnished to the successful quoter, results in a binding contract. The Government will mail or otherwise furnish to the quoter an award or notice of award not later than the day award is dated. Therefore, the quoter should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate a quoter that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as computed, the proposed delivery date is later than the required delivery date, the quoter will be considered nonresponsive and rejected.

(End of clause)

Place of Delivery – DESTINATION: All batteries shall be delivered to the Patrol Boat pier side berth or shipping/receiving facility at the address provided with each Delivery Order, unless otherwise specified.

Each individual delivery order will identify the delivery destination.

VIII. FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Sep 2023) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

ADDENDUM:

Submit an electronic copy of signed and dated quote to Contracting Office Jennifer Lucas and Contracting Specialist Yaisa Goodwin at Jennifer.B.Lucas@uscg.mil and Yaisa.O.Goodwin@uscg.mil no later than 11 August 2026 by 4:00 PM EST. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. Quoter must be registered and active in the System for Award Management (SAM), website location https://www.bets.SAM.gov, at time of submittal. Firms not actively registered in SAM may not be considered. The data submission must include sufficient detail to allow the Coast Guard to evaluate the quotation relative to the requirements.

To be considered for award, Quoter’s submission must include the following:

(1) Cover letter that includes solicitation number 70Z08026Q17005B00, company name, DUNS Number, business category, address, point of contact, telephone number and e-mail.

(2) Up to three (3) relevant past performance references/contract numbers completed within the last three (3) years. Past Performance must be relevant to the scope of work required under this contract.

(3) Warranty Information: Details of the quoter’s manufacturer's warranty services and warranty support plan. Submission must document the length of warranty support including number of operational hours and or calendar days on which the item will be warranted free of defects. At a minimum quoter will provide a single point of contact for warranty claims. Claims may be made from 0800 to 1630 EST, Monday through Friday.

(4) Enter prices for all line items/CLINS (Attachment 1) for all ordering periods. All prices on CLINs shall be a firm fixed price. The total of all CLINS shall be added together to arrive at an aggregate total. Quotes submitted in response to this solicitation shall stand firm for 120 calendar days from the closing date of this solicitation.

(5) A statement of conformance with the required delivery schedule to ship batteries for Ordering Periods 1-5 OR a PROPOSED DELIVERY SCHEDULE in accordance with Section VII.

(6) Written technical plan as described in Section IX. Twenty-five (25) page limit.

(7) Technical data sheets on all proposed alternate equal batteries listed on the CLIN Schedule.

(8) Attachment 2 (Table A). Complete this table to identify the geographical locations your company has the capability to deliver, pick-up and dispose of lead acid batteries at proposed firm fixed prices. All lines in all columns must be completed with Y for yes or N for no, along with a company official’s signature, title and date.

· Column D indicates vendor delivery service IS or IS NOT offered in the area at the firm fixed CLIN pricing. It is understood that some geographic locations may have certain CLIN schedule batteries available for fixed cost delivery, while other batteries on the CLIN schedule may require additional shipping fees in those same locations either due to HAZMAT restrictions or supply chain availability in those locations. If that is the case, offerors are to mark BOTH options showing delivery service at fixed cost IS & IS NOT provided and give written clarification of same in their proposal.

· Column E indicates vendor pick-up & disposal service IS or IS NOT offered in the area at firm fixed CLIN pricing.

· Column F indicates whether there is a vendor owned and operated brick & mortar shop/store/facility within 75mi of each respective zip code that can provide for both ‘Will-call’ pick up of new batteries and drop off and disposal of old batteries by ship’s crew when required.

(9) Provide a complete listing of:

Addresses for central and regional distribution centers, phone numbers, and hours of operation for:

a. Customer service department.

b. Sales department

c. Billing department

d. Shipping department

e. Retail store (will-call) locations.

-Questions are due via email no later than 04 August 2026 by 4:00 EST to email address Jennifer.B.Lucas@uscg.mil and Yaisa.O.Goodwin@uscg.mil. Receipt of all amendments must be acknowledged by signing each amendment and providing them with the quote by the RFQ due date/time.

-All submissions shall include 70Z08026Q17005B00 in the subject line of the email. All quoters submitting quotations must be registered and active in SAM. https://sam.gov at time of submittal. If you are not actively registered in SAM, your quotation will not be considered.

Late submissions will not be accepted.

NOTE: FAILURE TO SUBMIT ALL REQUIRED DOCUMENTS LISTED IN SECTION VIII WILL NOT BE CONSIDERED FOR AWARD.

IX. EVALUATION CRITERIA

Quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. The following factors shall be used to evaluate quotations:

Factor 1 – Technical Factor 2 – Past Performance Factor 3 - Price

EVALUATION METHODOLOGY

The Government will award one (1) requirements contract to the quoter determined to provide the best value based on all non-price and price related factors. The evaluation of quotes submitted in response to this solicitation shall be conducted utilizing the tradeoff process to obtain the best value to the Government. As part of the tradeoff determination, the technical and past performance factors will be evaluated utilizing combination of go/no go and confidence ratings in which quoters will be ranked. Price analysis will be performed by comparing the total evaluated price, including all ordering periods, of all technically acceptable quote submissions. The technical and past performance factors are significantly more important than price and the Government may award to other than the lowest priced proposal based on the technical and past performance ratings.

Rating Definitions:

FACTOR 1: TECHNICAL

Written Technical Plan: Confidence Rating Demonstrate your ability to deliver, pick up and dispose of lead acid batteries in the widest geographical territory possible. Describe how you will meet the requirement identified in the Statement of Objectives (Attachment 3).

Responses that include a detailed written plan addressing all aspects of the logistics methods proposed to meet the requirements described for pier side delivery, pick-up and disposal of lead acid batteries in the widest geographical territory possible out of all locations on Table A, will receive a confidence rating.

Batteries proposed as equal to those batteries listed must meet the salient physical, functional, or performance characteristics of the brand name item to be acceptable to the USCG. Failure to submit acceptable alternatives in accordance with the performance specifications listed on the data sheets shall be considered unacceptable and not considered for award.

Table A: Confidence Rating All lines in all columns on TABLE A must be filled out in its entirety with Y for yes or N for no, along with a company official’s signature, title and date. Vendors must be able to provide lead acid battery delivery, pick-up and disposal services in at least 42 (70%) of the 61 individual geographic service areas identified on TABLE A within specified lead times identified on the delivery schedule.

Warranty: Go/No Go The minimum warranty and replacement requirement for this contract is a 24-month unconditional non-prorated replacement guarantee. Warranties that provide less than 24-month unconditional replacement shall be considered unacceptable and not considered for award.

PBPL determines better warranty terms will equal a higher evaluation rating for this requirement – this is a HUGE potential benefit to the Product Line budget and cannot simply be evaluated as a go/no go factor.

Delivery Schedule: Go/No Go Failure to conform to the required delivery schedule or propose a more favorable delivery schedule shall be considered unacceptable and not considered for award.

FACTOR II: PAST PERFORMANCE:

b. Past performance will be considered relevant if it is for supplying lead acid batteries for the USCG, federal, state or local government or private contracts. In evaluating a Contractors past performance, general trends in a Contractor’s performance will also be considered. References other than those provided by the Quoter may be used by the Government to obtain additional information that will be used in the evaluation of the quoter’s past performance such as government databases and internal organization resources. Contractors may provide information on problems encountered during the performance of any contract/order and any corrective actions the contractor made with their quote.

In the case for which there is no information on past performance or where past performance information is not available, the quoter may not be evaluated favorably or unfavorably. In this case, a performance confidence rating of "Neutral" will be assigned. For this requirement a "Substantial Confidence" or "Satisfactory Confidence" past performance rating is worth more than a "Neutral" past performance rating.

Rating Definitions:

FACTOR III – PRICE:

All the items required under this contract are listed on the CLIN & Delivery Schedule.

Quoter’s price shall represent the best price in response to the RFQ. The price shall be evaluated to determine fairness and reasonableness. Quoters are required to provide prices for all items/CLINs for all ordering periods. All prices on CLINS (Attachment 1) shall be a firm-fixed price and shall indicate FOB Destination as referenced in FAR 52.247-34 (JAN 1991). The total of all CLINS shall be added together to arrive at an aggregate total.

The cost of battery delivery must be included in the firm fixed price for any/each battery the vendor proposes to provide under this contract. The cost of used battery pick-up must also be included in the firm fixed price for each battery the vendor proposes to provide under this contract. This pricing will apply to all locations the vendor has specified on Table A as having these services. The vendor may also be required to direct ship batteries to locations they do not identify on Table A as being supported with delivery and pick-up services. Pricing for these instances will be the firm fixed price per CLIN plus additional actual shipping charges incurred by the vendor shall be paid/reimbursed by the government. The vendor will not be required to perform pick up and disposal of batteries in any areas they do not identify on Table A with this service being available.

Award may be made without any type of discussions or negotiations. This is based on the Contracting Officer’s determination after an evaluation has been completed on all quoters.

X. FAR 52.212-3 QUOTER REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL PRODUCS AND COMMERCIAL SERVICES (OCT 2025) Alternate I (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(End of Provision)

XI. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERICIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

FAR 52.204-24 - REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Quoter shall not complete the representation at paragraph (d)(1) of this provision if the Quoter has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Quoter shall not complete the representation in paragraph (d)(2) of this provision if the Quoter has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(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. 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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (including entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (including on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (including on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

FAR 52.216-2 – ECONOMIC PRICE ADJUSTMENT- STANDARD SUPPLIES (NOV 2021).

Economic Price Adjustment-Standard Supplies (Nov 2021)

(a) The Contractor warrants that the unit prices stated in the Schedule for CLINS 1-13 is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that-

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective-

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification to increase a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(End of clause)

FAR 52.204-26 - COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Quoter shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Quoter represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its quoted products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of Provision)

XII. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERICIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2026)

(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 items:

(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 (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jan 2025) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

X (31) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2026) (E.O. 13126).

X (31) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

X (35) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

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

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39) (i) 52.222-50, Combating Trafficking in Persons (Oct 2025) (22 U.S.C. chapter 78 and E.O. 13627) 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).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

X (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(D) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that quoter further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that quoter subcontracting opportunities.

(E) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(F) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

(I) 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.

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

(K) ___ (1) 52.222-50, Combating Trafficking in Persons (Oct 2025) (22 U.S.C. chapter 78 and E.O 13627).

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(L) 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).

(M) 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).

(N) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989).

(O) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022).

(P) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022).

(Q)(1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224-3.

(R) 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).

(S) 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.

(T) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(End of Clause)

FAR 52.252-5 - AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Homeland Security Acquisition Regulation (48 CFR Chapter 30) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

XII. Additional contract requirements:

FAR 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 quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or quoter. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or quoter. Also, the full text of a solicitation provision may be accessed electronically at http://farsite.hill.af.mil/.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporated 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 http://farsite.hill.af.mil/.

(DEC 2003)

FAR 52.204-23 - PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (Dec 2023)

(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…