Combined_Synopsis_Solicitation - 50310224Q0117.pdf

TO: PROSPECTIVE QUOTERS

SUBJECT: COMBINED SYNOPSIS/SOLICITATION 50310224Q0117, X-RAY EQUIPMENT

MAINTENANCE SUPPORT SERVICES

DATE: AUGUST 2, 2024

1. General Information

Document Type: Combined Synopsis/Solicitation for Commercial Services Solicitation Number: 50310224Q0117, X-ray Equipment Maintenance Support Services Posted Date: August 2, 2024 Original Response Date: August 12, 2024 PSC: J063, Maintenance, Repair, and Rebuilding of Equipment – Alarm, Signal, and Security Detection Systems Set Aside: Not Applicable NAICS Code: 561621, Security Systems Services (except Locksmiths)

2. Contracting Office and Contracting Officer Point of Contact

U.S. Securities and Exchange Commission (SEC) Office of Acquisitions Attn: Ms. Khaleelah Wright 100 F Street NE Washington, DC 20549 Office: (202) 551-7731 E-mail: wrightkh@sec.gov

3. Description

a. This is a combined synopsis/solicitation for commercial services 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; quotes are being requested and a written solicitation will not be issued.

b. This solicitation is a Request for Quotation (RFQ) and is assigned solicitation number 50310224Q0117. It is the Quoter’s responsibility to monitor SAM.gov for the release of amendments (if any).

c. This solicitation and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular (FAC) 2024-05, effective May 22, 2024.

mailto:dyec@sec.gov https://www.acquisition.gov/far/part-12#FAR_Subpart_12_6 https://sam.gov/content/home

d. This solicitation is issued on an unrestricted basis. The assigned North American Industry Classification System (NAICS) code is 561621, Security Systems Services (except Locksmiths), with a small business size standard of $25 Million. The assigned Product or Service Code (PSC) is J063, Maintenance, Repair, and Rebuilding of Equipment – Alarm, Signal, and Security Detection Systems.

e. The SEC intends to procure x-ray equipment maintenance support services, as described in Attachment #1, Statement of Work (SOW).

All interested companies must provide quotes for services in accordance with the SOW for a total of five (5) years.

The awardee will be issued a Firm-Fixed-Price (FFP) purchase order.

f. Attachment #1, SOW, contains a full description of the requirements.

g. The period of performance will consist of a 12-month base year and four (4) one-year options from September 9, 2024 through September 8, 2029. The place of performance will be at the SEC Headquarters in Washington, DC and nine (9) Regional Offices located in Atlanta, GA;

Boston, MA; Chicago, IL; Fort Worth, TX; Los Angeles. CA; Miami, FL; New York, NY;

Philadelphia, PA; and San Francisco, CA.

h. FAR Provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial

Services (SEP 2023), applies to this acquisition. The following is addenda to FAR 52.212-1:

Quotes submitted in response to this solicitation shall include a technical quote and a separate price quote, as described below:

i. Technical Quote: The technical quote shall consist of a technical description of the x-ray equipment maintenance support services being offered to evaluate the Quoter’s capability to meet the requirements of Attachment #1, SOW.

Vendors must be a Designated Service Partner of Smiths Detection.

ii. Price Quote: The price quote shall consist of the following:

1) The Quoter’s System for Award Management (SAM) Unique Entity Identification (UEI) number.

All Quoters must have an active registration in SAM to participate in this acquisition. The SEC will not accept quote submissions from Quoters that do not have an active registration in SAM.

2) Acknowledgement of receipt of all solicitation amendment(s), if any.

3) A completed copy of FAR Provision 52.212-3, Offeror Representations and Certifications

– Commercial Products and Commercial Services (MAY 2024), or confirmation that the Quoter has completed its annual representations and certifications electronically in SAM and that the representations and certifications currently posted are current, accurate, complete, and applicable to this solicitation.

4) A completed price quote. Proposed pricing shall be inclusive of all fees. Do not break out the price or provide any other pricing detail unless otherwise requested by the Contracting Officer. The SEC requests all available discounts.

No reimbursement or compensation will be provided by the SEC to Quoters for preparation of responses to this solicitation. In addition, the SEC reserves the right to make no award resulting from this solicitation.

i. FAR Provision 52.212-2, Evaluation – Commercial Products and Commercial Services (NOV

2021), applies to this acquisition.

i. The Government intends to award a purchase order resulting from this solicitation to the responsible Quoter whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate quotes:

1) Technical capability of the Quoter to meeting the SEC’s requirement; and

2) Price.

Technical capability shall be evaluated on an “acceptable” or “unacceptable” basis in accordance with the tasks/requirements outlined in Section 2 of Attachment #1, SOW.

The basis of evaluation shall be Lowest Price Technically Acceptable (LPTA). Quotes shall be evaluated to determine whether the x-ray maintenance support services offered meet all requirements outlined in Section B of Attachment #1, SOW. Those quotes that meet all requirements shall be rated as “acceptable.” Those quotes that do not meet all requirements shall be rated as “unacceptable” and will not be considered for award. Award shall be made to the lowest priced, technically acceptable Quoter.

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

j. As aforementioned, the Quoter shall submit a completed copy of FAR Provision 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024), with its quote. However, if the Quoter confirms that it has completed its annual representations and certifications electronically in SAM and that the representations and certifications currently posted are current, accurate, complete, and applicable to this solicitation, the Quoter does not need to complete and submit a copy of FAR Provision 52.212-3.

k. FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial

Services (NOV 2023), applies to this acquisition.

l. FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024), applies to this acquisition. In Section (b), the following clauses apply:

• 52.204-14, Service Contract Reporting Requirements (OCT 2016)

• 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023).

• 52.222-3, Convict Labor (JUN 2003).

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

• 52.222-26, Equal Opportunity (SEP 2016).

• 52.222-35, Equal Opportunity for Veterans (JUN 2020).

• 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020).

• 52.222-37, Employment Reports on Veterans (JUN 2020).

• 52.222-50, Combating Trafficking in Persons (NOV 2021)

• 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY

2024).

• 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (OCT

2018).

m. The following additional terms and conditions are applicable to this acquisition:

FAR Clauses Incorporated By Reference:

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services NOV 2023

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one (1) 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):

https://www.acquisition.gov/browse/index/far

Applicable Securities and Exchange Commission Instructions (SECIs):

5003.05 SUBMISSION OF INVOICES - DELPHI EINVOICING SYSTEM

(JANUARY 2022)

(a) The Securities and Exchange Commission (SEC) will only accept electronic invoices submitted through the Delphi eInvoicing system on a monthly basis.

(b) Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

https://www.acquisition.gov/browse/index/far

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

(2) To create a login.gov account, the user will need a valid e-mail address and a working phone number. The user will create a password and then login.gov will reply with an e-mail confirming the e-mail address.

(3) In order to set up a new user account or make changes to existing vendor Delphi eInvoice users who will submit invoices through the eInvoicing web-portal for payment and tracking purposes, notify iSupplier@sec.gov and include the contract number, the user’s full name, valid e-mail address (group mailboxes are not recommended), and current phone number of all vendor users.

Vendor users will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(4) Training on Delphi. To facilitate use of Delphi, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

(c) Contractors are cautioned against submitting an invoice prior to goods and services being received/accepted. Invoices submitted prematurely may be rejected. Software license maintenance and subscriptions may be invoiced at the beginning of the contract period of performance.

(d) The SEC’s Delphi eInvoicing system is managed by the Enterprise Services Center (ESC). In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(1) Company logo or letterhead

(2) Company name and payment address

(3) Company Point of Contact (POC) for the invoice with phone and e-mail

(4) Invoice number and invoice date

(5) Billing period

(6) SEC contract number

(7) Task/delivery order number (if applicable)

(8) SEC Contracting Officer’s Representative (COR) name

(9) Amount billed (by Contract Line Item Number (CLIN)), current and cumulative

(10) Total amount billed this period

(11) Cumulative total billed to date

(12) Brief description of services performed - general description only

(e) If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/ https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/ mailto:iSupplier@sec.gov http://einvoice.esc.gov/ http://einvoice.esc.gov/

5004.00 APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(JANUARY 2022)

(a) A Securities and Exchange Commission (SEC) COR has been designated for administration and information relating to this contract. The SEC may also assign one (1) or more Alternate CORs (ACORs) for this contract. The COR or ACOR, if assigned, may not re-delegate his or her authority; only the Contracting Officer (CO) has this authority.

(b) The COR will manage the contract in coordination with the CO, and within the terms of the contract. The COR’s responsibilities include reviewing invoices and charges by the Contractor, informing the CO of areas where exceptions are taken, and accepting or rejecting invoices in the SEC’s financial system. The COR shall be the primary Point of Contact (POC) responsible for communicating administrative guidance for on-boarding and off-boarding of Contractor Personnel, mandatory trainings, Government closures, and other events as necessary. Unless otherwise specified in this contract, inspection and acceptance of supplies and/or services to be furnished under this contract will be performed by the COR.

(c) Only the CO has the authority to change the terms and conditions of the contract. The COR may request a contract modification, but the CO will make the final determination. The COR may not agree to or issue a change to the contract terms and conditions. In the event the Contractor effects changes to the contract at the direction of any person other than the CO, the changes will be considered to have been made without any authority and no adjustments will be made to the contract.

6002.00 TYPE OF CONTRACT (JANUARY 2022)

This is a Firm-Fixed-Price (FFP) type contract.

6018.00 CONTRACTOR PERFORMANCE EVALUATION (JANUARY 2022)

a. In accordance with FAR 42.1502, the SEC will submit an electronic record of the Contractor’s performance to the Contractor Performance Assessment Reporting System (CPARS) for processing at least annually and at the time the work under a contract or order is completed.

b. The Contractor’s information for CPARS is pulled from the Contractor’s entry in SAM under the Past Performance Point of Contact for the company.

c. The Contractor’s designated representative will have the ability to review, comment, and state whether or not the Contractor agrees with the evaluation and return the evaluation to the Contracting Officer (CO) per FAR 42.1503. The SEC’s evaluation will be available to search in CPARS after 14 calendar days for Government use in evaluating the Contractor’s past performance as part of a source selection action.

d. If the Contractor desires a meeting to discuss the evaluation, it must be requested, in writing to the CO, no later than seven calendar days from the receipt of the evaluation.

e. It shall be the sole responsibility of the Contractor to inform the CO or COR in writing of any changes to the Contractor’s designated representative. Any such changes do not require a modification to the terms and conditions of the contract/order.

6020.00 CONTRACTOR WORKFORCE INCLUSION (JANUARY 2022)

a. The Contractor confirms its commitment to equal opportunity in employment and contracting, and that it shall ensure, to the maximum extent possible and consistent with applicable law, the fair inclusion of minorities and women in its workforce.

b. The Contractor shall insert the substance of this contract standard in each subcontract for services awarded for performance of this contract with a dollar value of $100,000 or more.

c. Within ten (10) business days of a written request from the Director of the Commission’s Office of Minority and Women Inclusion (OMWI Director) or designee, or such longer time as the OMWI Director or designee determines, and without any additional consideration, action or authorization required from the OMWI Director, the Contractor shall provide documentation, satisfactory to the OMWI Director, of the actions it has undertaken (and as applicable, the actions each covered subcontractor under the contract has undertaken) to demonstrate its good faith efforts to comply with the aforementioned provisions.

d. For purposes of this contract, “good faith efforts” shall include actions by the Contractor (and as applicable, actions by each covered subcontractor under the Service Contract) to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting to ensure that applicant pools include minorities and women, providing job-related training, or other activity that could lead to removing such barriers.

e. The documentation requested by the OMWI Director or designee to demonstrate good faith efforts may include, but is not limited to, one or more of the following:

1. The total number of Contractor’s employees, and the number of employees by race, ethnicity, gender, and job title or EEO-1 Report job category (e.g., EEO-1 Report(s));

2. A list of covered subcontract awards for services under the contract, and for each covered subcontract award, the dollar amount, date of award, and the subcontractor’s race, ethnicity, and/or gender ownership status;

3. The contractor’s plan for ensuring the fair inclusion of minorities and women in its workforce, including outreach efforts; and

4. For each covered subcontractor, the documentation specified in paragraphs 1. and 3. above.

f. Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection

Act (the “Dodd-Frank Act”), 12 U.S.C. 5452(c)(3), a Contractor’s failure to demonstrate to the OMWI Director that it has made good faith efforts to include minorities and women in its http://www.gpo.gov/fdsys/granule/USCODE-2011-title12/USCODE-2011-title12-chap53-subchapIII-partC-sec5452 workforce (and as applicable, failure to demonstrate that its subcontractor(s) has made such good faith efforts) may result in termination of the contract for default after the contractor is provided written notice and an opportunity to cure the failure in accordance with the procedures set forth in FAR Subpart 49.402-3(d), other contractual remedies, referral to the Office of Federal Contract Compliance Programs (OFCCP), or other appropriate action.

g. Compliance with this standard does not necessarily satisfy the requirements of EO 11246, as amended, nor does it preclude OFCCP compliance evaluations and/or enforcement actions undertaken pursuant to that Executive Order, or demonstrate compliance with other FAR clauses that may be included in this contract.

6024.00 GOVERNMENT CLOSURES AND MODIFIED OPERATIONS (MARCH 2023)

a. In the event of Government closure or modified operations, performance under this contract, in whole or in part, may be deemed essential by the SEC and required to continue. (For the purpose of this instruction, “Government closure” includes, but is not limited to, those due to local or national emergencies, inclement weather, Government shutdown, administrative closings, or similar Government directed closings. “Modified operations” may include, but is not limited to, recommended/required telework, unavailability of certain Government facilities, or other scenarios where alternative operations are necessary.)

b. The Contractor shall coordinate with the COR or the CO when Government closure or modified operations are anticipated. When not otherwise addressed in the Terms and Conditions of the contract, only a CO may approve requests for telework for Contractor Personnel required to work on-site at an SEC facility, work hour changes, or other accommodations, if necessary.

c. For contract performance that does not continue during a government closure or modified operations, Contractors shall refer to the Terms and Conditions of the contract and their internal company policies, as needed.

d. Unless otherwise specified by statute, Contractors will not be paid for performance that has not occurred. For firm-fixed price contracts, the government reserves the right to renegotiate pricing when work cannot be performed. For other than firm fixed price contracts (i.e., time and materials and labor hour contracts), the contractor will not be reimbursed in the event of a government closure or delayed arrival when work is not performed.

e. This instruction is supplemental and does not preempt conflicting FAR clauses or other federal laws or regulations.

6027.00 DISCLOSURE OF INFORMATION (NOVEMBER 2023)

(a) The Contractor shall not refer to this contract in press releases, announcements, commercial advertising or similar promotions, or other publications 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.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2049_4.html#wp1083185 http://www.dol.gov/ofccp/ http://www.dol.gov/ofccp/ http://www.dol.gov/compliance/laws/comp-eeo.htm

(b) The Contractor and those acting on behalf of the Contractor shall not release to anyone outside the Contractor’s organization any classified or unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless—

(1) The Contracting Officer has given prior written approval; or

(2) The information is otherwise in the public domain before the date of release.

(c) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 30 days before the proposed date for release.

(d) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

(e) The provisions and restrictions of this Instruction are consistent with and do not supersede, conflict with, or otherwise alter the obligations, rights, or liabilities created by existing statute or executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling executive orders and statutory provisions are incorporated into this Instruction and are controlling.

7001.00 COMMERCIAL SUPPLIER AGREEMENTS - UNENFORCEABLE CLAUSES

(OCTOBER 2022)

(a) Purpose

The purpose of this Securities and Exchange Commission (SEC) Instruction (SECI) is to implement the Federal Acquisition Regulation (FAR) 12.302(c) Class Waiver approved by the SEC Senior Procurement Executive that addresses conflicting and/or problematic terms in Commercial Supplier Agreements (CSAs) (e.g., license agreements, terms of service (TOS), terms of sale or purchase, End User License Agreements (EULAs), and similar agreements).

(b) Order of Precedence

When FAR 52.212-4 is present in the solicitation or contract at issue, its paragraphs are tailored to reflect:

(s)(2) (‘The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations paragraphs of this clause, and SECI 7001.00, Commercial Supplier Agreements - Unenforceable Clauses.’); and (s)(4) (‘Addenda to this solicitation or contract, including any license agreements as amended by SECI 7001.00, Commercial Supplier Agreements - Unenforceable Clauses.’)

(c) Unenforceable Clauses

When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, ‘this agreement’ means the CSA:

(1) Notwithstanding any other provision of this agreement, when the end user is the SEC, the following shall apply:

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

(ii) End user. This agreement shall bind the SEC as the end user but shall not operate to bind a

Government employee or person acting on behalf of the Government in his or her personal capacity.

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

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S.

territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv)Continued performance. The supplier or licensor shall not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance per FAR 52.212-4(d).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

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

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

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

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

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

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

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification (by licensor). Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. § 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the SEC. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the SEC, will be resolved in accordance with FAR 52.212-

4(d) (Disputes); no payment obligation shall arise on the part of the SEC until the conclusion of the dispute process.

(C) Any audit requested by the Contractor will be performed at the Contractor’s expense, without reimbursement by the Government.

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

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

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed ‘confidential information’. Issues regarding release of ‘unit pricing’ will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (1), the language, provisions, or clause of paragraph (1) shall prevail to the extent of such inconsistency.

n. The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition.

o. Quoters shall submit quotes via e-mail to the Contracting Officer, at wrightkh@sec.gov, no later than 10:00 AM Eastern Time (ET) on August 12, 2024. Late quotes shall not be accepted.

p. Attachments:

• Attachment #1, SOW

End of Document mailto:dyec@sec.gov