69056724Q000022.pdf

REQUEST FOR QUOTATION (RFQ)

Issuing Office: United States Department of Transportation

Federal Highway Administration (FHWA) Western Federal Lands Highway Division 610 E Fifth Street

Vancouver, WA 98661-3801

Agency Contact: Douglas Taylor, Contract Specialist, (360) 619-7738 Email: WFL.Purchasing@dot.gov

Solicitation Number: 69056724Q000022

Title: Brand Name or Equal LEER Truck Cap with associated

Brand Name or Equal peripherals and accessories and ancillary installation services

Solicitation Release Date: 6/07/2024

Technical Questions Due Date: Tuesday, 6/18/2024, at 4:00pm PT

Quotation Due Date: Thursday, 6/20/2024, at 2:00pm PT

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SECTION A – RFQ INFORMATION AND

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

1. RFQ INFORMATION

This combined synopsis/solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, 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.

This is a BRAND NAME OR EQUAL Firm Fixed Price (FFP) RFQ. This solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures.

This solicitation is a TOTAL SMALL BUSINESS SET-ASIDE, and the North American Industry Classification System (NAICS) code is 441210 (Camper dealers, recreational) with an industry size standard of $40.0 million and the associated primary Product Service Code (PSC) is 2590. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 effective 5/22/2024.

A responsible quoter is one whose quotation conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/?q=browsefar.

All contractors are reminded that, in accordance with FAR 52.204-7, System for Award Management (SAM), they must be registered and active in the www.SAM.gov database PRIOR to submission of a quote or offer.

2. INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

All questions concerning this RFQ shall be submitted electronically to WFL.Purchasing@dot.gov, no later than the due date and time on page 1 of this RFQ.

Each prospective Quoter should attempt to state each question in such a way that the Quoter would have no objection to the Government publishing that precise question (and its answer) in a formal amendment to the RFQ. Additionally, each prospective Quoter should attempt to word each question in such a way that the publication of that question (and its answer) would not divulge any information that the prospective Quoter considers to be proprietary or confidential.

In responding to this RFQ, the Contractor shall address an understanding of logistics, schedule, and any other miscellaneous issues of which the Government should be aware. The Contractor shall indicate if any technical assumptions have been made, conditions have been stipulated or exceptions have been taken with the Government Description of Requirement as written. If

A-3 technical assumptions are not noted, it will be assumed that the vendor’s quote reflects no technical assumptions for the award and agrees to comply with all of the terms and conditions set forth herein.

Quotations shall be submitted electronically as Adobe (.pdf) files to WFL.Purchasing@dot.gov in an email whose size shall not exceed twenty Megabytes (20MB) no later than the due date and time on page 1 of this RFQ. If multiple emails are required, they shall be identified in sequence (1 of 3, 2 of 3, etc.). Document(s) shall not contain any security restrictions (e.g. password protection) that prevent the Government from distributing and printing the document(s) and shall not include marketing materials or letters of support/recommendation.

Quotations submitted shall be valid for a period of no less than thirty (30) days from the closing date of the RFQ.

Offerors shall not be reimbursed for the costs of developing a quote for this RFQ.

In responding to this RFQ, quotations MUST include the following:

A. Price Quote: Pricing in the format of the Schedule of Items table shown in Section B -or- the same information on a similar, vendor-generated price quote sheet which includes your Unique Entity Identifier (UEI SAM).

B. Technical Quote:

i. Cut sheets and/or technical specification sheets for all quoted equipment and/or components which demonstrates all minimum requirements are met,

ii. Expressed warranty information,

iii. A copy of the vendor’s FAR Representations and Certifications (FAR Report) from the SAM.gov website,

iv. A completed copy of the Representation and Certifications at TAR 1252.237-71 (see page D-6); and

v. Acknowledgement of all solicitation amendments, if any.

NOTE: Failure to furnish ALL information required above may result in your quotation being considered non-responsive and eliminated from further consideration.

The timeliness of a quote is determined by the date and time of receipt. It is the Quoter’s responsibility to ensure that the quotation submission email is received by the designated cut-off date and time. Early submission is encouraged.

This is an electronic procurement. Hard copies of the quotations will not be accepted.

Please reference the RFQ number in the subject line of any e-mails related to this

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3. EVALUATION AND BASIS FOR AWARD

The technical evaluation factors for this procurement are Lowest Price Technically Acceptable (LPTA). Criteria under the LPTA process are judged on a pass-fail basis only. No other rating or qualitative value will be assigned. To be determined technically acceptable, all factors must be acceptable to obtain a pass rating for the technical proposal. Award will be made to the lowest price, technically acceptable, responsible offeror, with satisfactory past performance.

A. Right to hold discussions: The Government intends to award without discussions;

however, the Government reserves the right to enter into discussions if determined necessary. Additionally, the Government reserves the right to make no award from this solicitation.

B. Source Selection Evaluation Process: The lowest priced quote will be considered as the quote offering the lowest price on the Schedule of Items grand total. If the lowest-priced quote is determined to be technically acceptable, no other quote will be evaluated. If the lowest-priced quote is determined to NOT be technically acceptable, the next lowest-priced quote will be evaluated. This process will continue until the lowest-priced, technically acceptable quote is identified.

C. The Government will award: A purchase order resulting from this solicitation on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors. The following factors shall be used to evaluate offers:

i. FACTOR 1 – Price,

ii. FACTOR 2 – Installation Service Location,

iii. FACTOR 3 – Technical Compliance with Solicitation Requirements, and

iv. FACTOR 4 – Relevant Past/Present Performance.

Installation Location, Technical Compliance and Past/Present Performance, when combined, are approximately equal to price. By submission of its quote, the contractor accepts all RFQ requirements, including terms and conditions, representations and certifications, and technical requirements. The Government intends to select ONE Contractor for the award of this requirement.

4. EVALUATION CRITERIA

The Government will evaluate the quotations and make an award decision based on the following factors:

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A. Factor 1 – Price: Offeror must submit a completed price quote in the format of the Schedule of Items table shown in Section B -or- the same information on a similar, vendor-generated price quote sheet. The Government will evaluate the total quoted price to determine that the price is valid and realistic as well as for consistency and understanding of the SOW requirements.

The Government may reject any quote that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price, or are unbalanced, such that the offer is deemed to reflect an inherent lack of competence or failure to comprehend the technical requirements.

Award will be made to the Offeror found to be technically acceptable that offers the lowest total price submitted on the base and all options, if any.

B. Factor 2 – Installation Service Location: Offeror must indicate in its quote, the exact location where equipment installation will occur, which shall be no more than one hundred

(100) miles from the Government facility at 610 E 5th Street, Vancouver, Clark County, WA 98661-3801. Quotes will be evaluated on a pass/fail basis with respect to this evaluation factor.

i. TECHNICALLY ACCEPTABLE: Installation service location is less than or equal to 100 miles from the Government facility.

ii. TECHNICALLY UNACCEPTABLE: Installation service location is more than 100 miles from the Government facility.

C. Factor 3 – Technical Compliance with Solicitation Requirements: Offeror must comply with ALL instructions and submit ALL items as stated in Section A of the solicitation. Quotes will be evaluated on a pass/fail basis with respect to this evaluation factor.

iii. TECHNICALLY ACCEPTABLE: Complied with ALL instructions and provided

ALL required information as identified in Section A of the solicitation.

iv. TECHNICALLY UNACCEPTABLE:

(1) Did NOT comply with ALL instructions as stated in Section A of the solicitation;

or

(2) Did NOT provide all required information as identified in Section A of the solicitation, or

(3) Provided information does NOT demonstrate all minimum requirements are met.

D. Factor 4 – Past Performance: The Offeror’s relevant past performance provides assurance that the contractor will meet or exceed all solicitation requirements. The Offeror’s relevant past performance should demonstrate that within the past three years they have successful past performance performing and delivering requirements of a similar size and scope.

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Evaluation of past performance may be based on information obtained from references submitted by the offeror as well as information obtained from other sources such as CPARS, FAPPIS, PPIRS, SAM, and any other sources deemed necessary by the Contracting Officer. Only ongoing contracts and contracts completed within the past three years will be evaluated with respect to past performance.

Offerors are strongly encouraged to have their references complete the Past Performance Reference Questionnaire (Attachment 0001) and submit such surveys to FHWA via e-mail WFL.Purchasing@dot.gov with the subject line “69056724Q000022 Past Performance Review for < insert vendor name >”.

i. TECHNICALLY ACCEPTABLE: Based on the Government’s review:

(1) Evaluation(s) reflect no unsatisfactory ratings, no more than 2 marginal, and the CO has no other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance; or

(2) Past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror shall be determined to have unknown (or neutral) past performance.

ii. TECHNICALLY UNACCEPTABLE: Based on the Government’s review, evaluation(s) reflect:

(1) 1 or more unsatisfactory rating; or

(2) 3 or more marginal ratings; or

(3) the CO has other information that would lead the CO to conclude that there are significant problems with Offeror’s past performance.

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SECTION B – SCHEDULE OF SUPPLIES/SERVICES

The Contractor shall furnish all services and/or supplies to perform the tasks described under this purchase order in support of the mission of the FHWA.

CLIN DESCRIPTION QTY UNIT PRICE TOTAL PRICE

00101

Brand Name or Equal Leer DCC truck cap

Pricing: Firm Fixed Price

2 EA $ $

00201

Brand Name or Equal TruckVault, stock code C15631B

Pricing: Firm Fixed Price

2 EA $ $

00301

Brand Name or Equal Warn M12 12V

HEAVYWEIGHT WINCH - 17801

Pricing: Firm Fixed Price

2 EA $ $

00401

Brand Name or Equal Nu-Metrics Nitestar DMI Vehicle Distance Measurer

Pricing: Firm Fixed Price

2 EA $ $

00501

Brand Name or Equal POWERDRIVE Inverter: Modified Sine Wave, Hardwired, 2,000 W Continuous Output Power

Pricing: Firm Fixed Price

2 EA $ $

00601

Amber Road Safety Light sets per the attached SOW

Pricing: Firm Fixed Price

2 EA $ $

00701

Cab-length Running Boards per the attached SOW

Pricing: Firm Fixed Price

2 SE $ $

00801

Complete installation of all equipment and/or components per the attached SOW.

Pricing: Firm Fixed Price

1 LS $

TOTAL PRICE: $

UNIQUE ENTITY IDENTIFIER (UEI SAM):

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SECTION C – STATEMENT OF WORK

1. BACKGROUND

Western Federal Lands Highway Division (WFLHD), a division of the US Department of Transportation – Federal Highway Administration, designs and administers, primarily, road construction projects on Federal Lands in the states of Alaska, Washington, Oregon, Idaho, Montana, and Wyoming. The type of construction is generally 2‐lane roads or highways either accessing Federal lands or within Federal lands.

2. SCOPE

To fulfill the objective of this contract, the Contractor shall provide the following supplies and services:

• Purchase and install Canopy

• Purchase and install Storage box

• Purchase and install Winch

• Purchase and install DMI

• Purchase and install Inverter with circuit breaker

• Purchase and install Amber safety lights

• Purchase and install Running boards

• All miscellaneous hardware is to be included

3. BRAND NAME OR EQUAL DESCRIPTION

A. Item 00101 – Leer DCC truck cap – A truck box topper that meets the following minimum criteria and is compatible in all aspects (form, fit, and function) would be considered equal to the brand name requested:

• List all salient characteristics of the brand name item o Fits 2024 Silverado HD 2500, crew cab, Long box o The shell must be within 2 inches of the height of the cab and provide a minimum internal clearance of 42 inches from the bed of the truck o Exterior Smooth Skin Aluminum Shell material o Commercial Cap Structural Reinforcement o Double Full Length Side Doors with Stainless Steel Drop T-Handles and Locks keyed to vehicle key o Double full rear doors with window security screens and Lock keyed to vehicle key o Aluminum Ladder Rack o Side doors shall be equiped with two gas props each, rear doors shall have one each o The inside roof of the shell must be covered with an insulation layer or interior skin

C-2 o The exterior surfaces are to be painted with a high-quality white enamel paint in a process compatible with the material used for the shell o Warranted against defects in material, workmanship, and design for a period of not less than three years o Equipped with a third brake light with an integrated backup camera and OEM wiring above the rear doors o 12-volt tube lighting over each opening o No less than one 12-volt power port near the rear door on the passenger side of the vehicle o Allows for bolt-on installation

B. Item 00201 – TruckVault stock code C15631C – A storage box to orginize and store equipment within the truck that meets the following minimum criteria and is compatible in all aspects (form, fit, and function) would be considered equal to the brand name requested:

• See Attachment 0002 for Diminsions and Layout

• Constructed of MDO plywood or better

C. Item 00301 – Warn M12 12V HEAVYWEIGHT WINCH - 17801] – A vehicle mounted winch that meets the following minimum criteria and is compatible in all aspects (form, fit, and function) would be considered equal to the brand name requested:

• 12,000lbs pullling capacity (single line)

• Front bumper mount

• 125’ of 3/8” diameter wire rope

• All equipment/components required for mounting

D. Item 00401 – Nu-Metrics Nitestar DMI Vehicle Distance Measurer – A vehicle mounted Distance measuring instrument (DMI) that meets the following minimum criteria and is compatible in all aspects (form, fit, and function) would be considered equal to the brand name requested:

• 1’per mile accuracy

• Count bi-directional up/down

• Display units selection includes both feet and miles

E. Item 00501 – POWERDRIVE Inverter: Modified Sine Wave, Hardwired, 2,000 W Continuous Output Power, 6 Outlets – A Vehicle mounted power inverter that meets the following minimum criteria and is compatible in all aspects (form, fit, and function) would be considered equal to the brand name requested:

• 2000W

• Allows for hardwire directly to the vehicle battery with independant circuit breaker

• 4+ outlets

4. ADDITONAL REQUIREMENT DESCRIPTIONS

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A. Item 00601 – Amber Road Safety Lights 8 amber flashing lights, 2 per side.

B. Item 00701 – Cab-length Running Boards providing access to the front and back seats.

5. REQUIRED TASKS

A. Procurement Actions. Contractor shall procure all required equipment and components identified as Items 00101 through 00701 in Section B (Schedule of Supplies and Services).

B. Installation Requirements. Contractor shall notify the Technical Point of Contact (TPOC) when all equipment/components have been received in order to schedule installion services. The TPOC will ensure that the government owned vehicle is delivered to the contractor location for completion of installation work.

i. INSTALLATION SPECIFICATIONS

(1) Install the truck cap using “bolt-on” process in accordance with manufacturer instructions and inductry standards.

(2) Install truck vault in the truck bed so it is located 8”- 12” from the closed canopy doors.

(3) Install heavyweight winch to the front of the vehicle in accordance with manufacturer instructions and industry standards.

(4) Install the DMI on the dash, within reach and view of the driver, in accordance with manufacturer instructions and industy standards.

(5) Install power inverter under the front passanger seat with outlets facing the rear of the cab in accordance with manufacturer instructions and industry standards.

(a) Install independant circuit breaker between inverter and vehicle battery in accordance with manufacturer instructions and industry standards

(6) Install amber road safety lights in accordance with manufacturer instructions and industry standards. Following installation, lights must be visible from every direction and forward-facing light may be set in the grill of the vehicle.

(7) Install cab-length running boards on each side of the vehicles in accordance with manufacturer instructions and industry standards.

6. PERFORMANCE LOCATION AND SCHEDULE

The location for installation services shall be no greater than two hundred fifty (250) miles from the Government facility which is located at 610 E 5th Street, Vancouver, Clark County, WA 98661-3801.

All work shall be completed and the vehicles returned to the Government no later than ninty (90) days after receipt of the order.

7. NON-PERSONAL SERVICES

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This order is a non-personal service as defined in FAR subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees and subcontractors:

A. Shall perform the services specified herein as independent contractors, not as employees of the government;

B. Shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract;

C. Shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but

D. Shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer, as is necessary to ensure the accomplishment of the contract objectives.

8. INSPECTION AND ACCEPTANCE

All supplies and/or work hereunder shall be subject to review by the Government. The TPOC is responsible for the inspection and acceptance of all incoming shipments, documents, and services.

Acceptance of the final deliverables shall be made in writing by the TPOC.

9. AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

10. PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

11. CONTRACTOR’S FAILURE TO PERFORM REQUIRED SERVICES

The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in the contract. Specifically, the Government reserves its rights under the appropriate Inspection of Services and Termination Clauses. Any reductions in the Contractor’s invoice shall reflect the contract’s reduced value resulting from the Contractor’s failure to perform required services. The Contractor shall not be relieved of the full performance of the services hereunder and may be terminated for default based upon the inadequate performance of services, even if a reduction was previously taken for any inadequate performance.

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12. CLOSEOUT OF CONTRACT FILES

The Government will initiate the administrative closeout of the Delivery Order after receiving evidence that all technical requirements have been completed. The Contractor shall furnish all required documents in support of the closeout of this contract.

The Government anticipates the timeframe to complete the administrative close out of this contract will not exceed 30 days. The costs incurred in the administrative closeout of task orders and contract files are unallowable direct costs under the contract and, therefore, cannot be charged as direct costs to the Government. Contractors are to handle such costs in accordance with their disclosure statements/cost accounting systems.

13. LIST OF ATTACHMENTS

Attachment 0001 – Past Performance Reference Questionnaire Attachment 0002 – TruckVault(R) schematic with dimensions and layout Attachment 0003 – Service Contract Labor Standards Wage Determination

D-1

SECTION D – SOLICITATION PROVISIONS

Representations, Certifications, and Other Statements of Quoter

The offeror makes the following representations and certifications as a part of its quote.

Federal Acquisition Regulation (FAR) Provisions

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

52.203-18 -- Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 -- System for Award Management (Oct 2018) 52.204-16 -- Commercial and Government Entity Code Reporting (Oct 2018) 52.204-22 -- Alternative Line Item Proposal (Jan 2017) 52.212-1 -- Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023) 52.212-3 -- Offeror Representations and Certifications—Commercial Products and Commercial Services (Nov 2023) 52.223-22 -- Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016)

(End of provision)

52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror 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 Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror 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.

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(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—

D-3

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 (include 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 (include 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 (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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(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)

52.204-26 -- Covered Telecommunications Equipment or Services-Representation (Oct 2020)

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

(b) 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".

(c)(1) Representation. The Offeror represents that it [ ] does, [ ] 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 instruments.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services

D-5 produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

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.

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(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 offeror 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 on the basis of information furnished by the offeror 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 offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

Transportation Acquisition Regulation (TAR) Provisions

1252.237-71 -- Certification of Data (Nov 2022)

(a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements;

brochures) submitted with its offer is current, accurate, and complete as of the date of its offer.

(b) The offeror understands that any inaccurate data provided to the Department of

Transportation may subject the offeror, its subcontractors, its employees, or its representatives to:

(1) prosecution for false statements pursuant to 18 U.S.C. 1001; and/or

(2) enforcement action for false claims or statements pursuant to the Program Fraud Civil

Remedies Act of 1986, 31 U.S.C. 3801– 3812 and 49 CFR part 31; and/or

(3) termination for default or for cause under any contract resulting from its offer; and/or

(4) debarment or suspension.

(c) The offeror agrees to obtain a similar certification from its subcontractors and submit such certification(s) with its offer.

Signature:

Date:

D-7

Typed Name and Title:

Company Name:

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

(End of provision)

E-1

SECTION E – CONTRACT CLAUSES

Federal Acquisition Regulation (FAR) Clauses

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 https://www.acquisitions.gov/?q=browsefar

52.203-17 -- Contractor Employee Whistleblower Rights (Nov 2023) 52.204-13 -- System for Award Management Maintenance (Oct 2018) 52.204-18 -- Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-19 -- Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 -- Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.212-4 -- Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023) 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

(End of clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2023)

(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 Covered Entities (DEC 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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)).

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(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. 4655).

__ (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section

102 of Division R of Pub. L. 117-328).

__ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal

Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).

__ (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) (Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

X_ (12) 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).

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

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15

U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C.

644).

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

__ (19) (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.

__ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219-9.

__ (22) (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.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Oct 2022) ( 15 U.S.C. 657f).

X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)(

15 U.S.C. 632(a)(2)).

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

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (28) 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 (Oct 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023).

X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

X_ (36) (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.

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

__ (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 (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).

E-4

__ (40) 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.)

__ (41) (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

X_ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

X_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023)

( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 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…