6913G625Q3152007_Combined Synopsis-Solicitation.pdf

ACQUISITION SENSITIVE IAW FAR 3.104 1

Request for Quotation 6913G625Q3152007

Crash Preventability Determination Program Support

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented by the additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation will not be issued. Solicitation No. 6913G625Q3152007 is issued as a Request for Quotation (RFQ). This solicitation is being conducted under FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures as authorized by FAR Subpart

13.5. Solicitation clauses and provisions are those in effect through Federal Acquisition Circular 2025-04 June 11, 2025 and Transportation Acquisition Regulation (TAR) Final Rule 2022-19907 (effective 21 December 2023).

The U.S. Department of Transportation, Volpe Center (U.S. DOT Volpe Center) in Cambridge, MA has a requirement for the following services in accordance with the attached Performance Work Statement (PWS) (Attachment 1).

This is a 100% Total Small Business Set-Aside. The applicable NAICS Code is 541330 – Engineering Services; which has a Small Business size standard of $25.5 million.

NOTICE: All vendors shall have an active UEI registration on System for Award Management (SAM) (www.sam.gov) to be considered for award.

The anticipated Period of Performance (POP) is 09 September 2025 through 08 September 2026, inclusive of option periods.

Attachments:

1. Performance Work Statement

2. Quotation Sheet

3. FAR Clause 52.212-3

SECTION B: INSTRUCTIONS TO VENDORS

SUBMISSION OF QUOTES

Vendors are required to meet all solicitation requirements in addition to those identified as evaluation factors.

Failure to meet a requirement may result in a Vendor submission being ineligible for award. If the Vendor finds it necessary to take exception to any of the requirements specified in the solicitation, the Vendor shall clearly identify where it is addressed in its proposal and provide a complete explanation of why the exception was taken, what benefit (if any) accrues to the Government, and its impact (if any) on the performance, schedule, cost, and specific requirements of the solicitation. Each exception shall clearly identify the specific paragraph and/or part of the solicitation to which the exception is taken.

Quotes shall be submitted by 12:00 noon Eastern Standard Time on August 8, 2025.

ACQUISITION SENSITIVE IAW FAR 3.104 2

Questions may be submitted to Kayla Kuta at Kayla.Kuta@dot.gov no later than July 25, 2025, for review and Government response.

Quotes shall be submitted to Kayla Kuta at Kayla.Kuta@dot.gov.

Quote submission will consist of two (2) parts: Price and Technical Submission

Vendors’ quotes shall comply with the requirements outlined below and incorporated herein.

1. Completed and Signed RFQ Sheet, Attachment 2.

2. Completed Attachment 3.

3. Signed Copies Acknowledging Amendments, if applicable

4. System for Award Management (SAM): Vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/

5. Representations and Certifications completed by the vendor in accordance with instructions contained elsewhere in this solicitation. Note, if the vendor has completed all of the representations and certifications required by this solicitation in SAM.gov in accordance with FAR 52.204-8, then the vendor need not submit the hardcopy Representations and Certifications.

6. Technical and Pricing Submissions as noted below.

The Government will award a purchase order resulting from this solicitation to the responsible vendor whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following non-price factors, detailed in Section B.2, shall be used to evaluate quotations:

• Technical Understanding/Merit

• Staffing

• Past Performance

SECTION B.1 – PRICE

The Government intends to issue a firm fixed price (FFP) purchase order as a result of this solicitation.

Vendor’s price quotation shall include a firm fixed price. Vendors shall provide total price and labor rates as described below. Failure to include pricing for all line items shall be cause for rejection of the quote.

Vendors shall submit a price submission which shall include the following:

• Labor rates for the proposed Labor Categories

• Hours by Labor Category and total hours

• Supporting documentation, if any

• Assumptions, conditions, and exceptions related to price

Pricing submissions shall not exceed fifteen (15) pages. Price Quotes shall be held firm for sixty (60) days.

SECTION B.2 - TECHNICAL SUBMISSION

The Vendor shall limit the technical response to a total of fifteen (15) pages, exclusive of resumes which shall be limited to four (4) pages each.

The Technical submission shall include the following:

mailto:Kayla.Kuta@dot.gov mailto:Kayla.Kuta@dot.gov http://www.sam.gov/

ACQUISITION SENSITIVE IAW FAR 3.104 3

FACTOR 1 –Technical Understanding/Merit FACTOR 2 –Staffing FACTOR 3 –Past Performance

FACTOR 1 –Technical Understanding/Merit

Vendors shall provide a response that describes in detail their technical approach to meeting the requirements set forth in the Government’s Performance Work Statement (PWS). The vendor must demonstrate both 1) an in-depth technical understanding of the Government’s Crash Preventability Determination Program (CPDP) Support requirements and 2) the required knowledge and capabilities to independently perform all tasks in the PWS. The response shall also include a description of how each task will be managed.

In its response, the Vendor must demonstrate documented crash analysis expertise that supports the review of crash reports submitted to CPDP and make recommendations on the eligibility and preventability of individual crashes. The contractor shall be responsible for adhering to the practices and procedures of the CPDP, including the access and review of supplemental documentation about motor carriers, drivers and other information relevant to the submitted crash from FMCSA systems and other sources.

The contractor shall also provide support for CPDP continuous improvement, supporting Volpe in work areas that include: documenting suggestions and proposals for new crash types, improved processes, and updated standards and attending team meetings and training sessions to facilitate the advancement of the program.

More specifically, the Vendor must provide evidence of their experience in, and provide specific examples of the following (reiterating this list is insufficient; specific evidence must be provided, and higher rating will be given to vendors providing multiple examples of each criteria): Crash analysis expertise for the Volpe Center in support of FMCSA’s CPDP with the aim to provide recommendations on eligibility and preventability according to program standards and guidelines.

A higher rating may be given to vendors who demonstrate they have relevant crash data analysis experience supporting major transportation projects with government entities.

FACTOR 2–Staffing

The Vendor shall propose a staffing plan that includes sufficient staffing and hours to meet the requirements of the PWS. The Government will consider and evaluate the following aspects of the Vendor’s proposal regarding Staffing:

• Staffing plan, which includes the labor categories to be used for meeting this requirement, along with the tasks assigned to each labor category. All key personnel shall be named.

• Vendor résumés shall be provided for all proposed key personnel. Vendor résumés must demonstrate the qualifications of the proposed key personnel (see below) in terms of technical experience, expertise, education, and training relevant to the effort described in the PWS.

Expertise Level of Proposed Key Personnel - The following labor categories are key personnel who shall be named. Resumes of the key personnel shall demonstrate the following minimum qualifications:

ACQUISITION SENSITIVE IAW FAR 3.104 4

• Project Manager and/or Principal Investigator o The Project Manager must have a minimum of ten years of experience managing crash data analysis and related projects. The proposal must provide at least two examples where the Project Manager managed crash data analysis or related projects similar in size and scope to the analyses described in the PWS.

• Program Manager o The vendor shall have a minimum of ten years of experience specifically in crash data analysis or crash prevention safety. The proposal must provide at least two examples where the project manager managed a crash data analysis from a commercial vehicle scenario similar in size and scope to the analyses described in the PWS.

• Operations Research Analysts o The vendor shall formulate and apply mathematical modeling and other optimizing methods to develop and interpret information that assists management with decision making, policy formulation, or other managerial functions. May collect and analyze data and develop decision support software, service, or products. May develop and supply optimal time, cost, or logistics networks for program evaluation, review, or implementation.

• Administrative Assistant o The vendor shall provide high-level administrative support by conducting research, preparing statistical reports, handling information requests, and performing clerical functions such as preparing correspondence, receiving visitors, arranging conference calls, scheduling meetings, and managing documents. May also train and supervise lower-level clerical staff. A high school diploma and at least five years of experience is required.

The resumes will be evaluated for experience, education, and accomplishments against the task areas described in the PWS. In addition to applicable technical experience, resumes should reflect experience (if any) in managing and/or directing projects similar in size and scope to those described in the PWS.

Resumes should be provided for only those personnel for whom the Vendor can make a firm commitment to this task order. Resumes must also be verifiable in relevant dates, names, and addresses of educational institutions and employers must be provided for all experience, education, and specialized training claimed.

FACTOR 3–Past Performance

The Government will evaluate the past performance record of the proposed vendor and proposed major subcontractor(s) for this task order. A major subcontractor(s) is a subcontractor that is proposed to perform at least 20 percent (20%) of the effort. The Vendor shall submit documentation for three (3) recent and relevant projects. The Government will evaluate the likelihood of successful performance and relative capability to perform the requirements outlined within the PWS. The Government will only evaluate projects or contracts that have already been performed. Past performance submission shall include:

ACQUISITION SENSITIVE IAW FAR 3.104 5

• Recency and Relevancy of the past performance history:

o Recency - Projects are considered recent if they have been completed within the last five

(5) years. Project examples that fail to meet this condition will not be evaluated.

o Relevancy- Projects are considered relevant if they are similar to the tasks of the type and complexity described in the PWS. Relevancy specifically refers to crash data analyses.

At a minimum, the Vendor must demonstrate relevant crash data analysis experience by providing one

(1) example of making recommendations on the eligibility and preventability of individual crashes.

• For each contract or project, the Vendor shall provide the following: customer’s name, organization, and contact information; contract or project number and title; dates of performance;

a description of the work performed and how it is relevant to the PWS.

• The Vendor shall also identify the amount of involvement of the proposed key personnel under this order in the past performance examples. It is preferable that named key personnel in the Vendor’s proposal are also staff in the Vendor’s Past Performance examples.

Evaluation Criteria:

The Government will make an award to the responsible vendor whose submission conforms to the solicitation terms and conditions and represents the “Best Value” to the Government. Therefore, award may be made to other than the lowest priced submission. Non-price factors are significantly more important than price.

In evaluating quote submissions, Technical Understanding/Merit is more important than Staffing, and Past Performance is less important than Technical Understanding/Merit or Staffing. The three technical factors are significantly more important than price.

The Government reserves the right to award without discussions. Therefore, each initial submission should contain the Vendor’s best terms. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer (CO) to be necessary.

Price: Price quotations will be evaluated using price analysis techniques. Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, or price list with effective date and/or copies of catalog pages along with any applicable discounts.

Failure to submit the requested information may result in disqualification of the submitted quote.

Factor 1 – Technical Understanding/Merit: The Vendor shall provide all the necessary information to facilitate the Government’s consideration of Factor 1 – Technical Understanding/Merit. The Vendor shall be evaluated on its demonstration of technical understanding of the requirements of the PWS based on the information provided in response to the requirements and using the criteria described in Factor 1 of Section B.2 above.

Factor 2 – Staffing: The Vendor shall provide all the necessary information to facilitate the Government’s consideration of Factor 2 – Staffing. The Vendor shall be evaluated on its demonstration of the appropriate staffing skills and experience to meet the requirements of the PWS. Staffing will be evaluated based on the information provided in response to the requirements and using the criteria described in Factor 2 of Section B.2 above.

ACQUISITION SENSITIVE IAW FAR 3.104 6

Factor 3 – Past Performance: The Vendor shall provide all the necessary information to facilitate the Government’s consideration of Factor 3 – Past Performance. The Vendor shall be evaluated on its performance on past projects relevant to the tasks of this PWS. Past Performance will be evaluated based on the information provided in response to the requirements and using the criteria described in Factor 3 of Section B.2 above.

In addition, any available sources of past performance information may be used by the Government to determine past performance rating. Vendors are encouraged to provide references to recent and relevant contract experience. Past performance references will be considered relevant based on similarity of scope and magnitude of effort and complexity to the current requirement. Past contracts performed within the past 5 years from the date of RFQ issuance will be considered recent.

The Technical Evaluators shall use the following adjectival rating system to evaluate each Factor in the Technical Submission:

Exceptional: Submission meets all requirements and indicates an extensive detailed approach and understanding of the requirements. The submission contains multiple strengths, no significant weaknesses, or any deficiencies. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is extremely low.

Very Good: Submission meets all requirements and indicates a thorough approach and understanding.

The submission contains strengths, no significant weaknesses, or any deficiencies. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Satisfactory: Submission meets all requirements and indicates an adequate approach to and understanding of the requirements of the RFQ. Submission has some strengths or weaknesses, but no deficiencies. Any weaknesses are offset by strengths or will have little or no impact on contract performance. The risk of unsuccessful performance is low.

Marginal: The submission does not meet the requirements and has not demonstrated an adequate approach to and understanding of the requirements of the RFQ. The submission has one or more weaknesses that are not offset by strengths. The risk of unacceptable performance to the Government is moderate.

Unsatisfactory: Submission does not meet the requirements of the RFQ. The submission contains significant numerous weaknesses and deficiencies. Th submission shows a clear lack of understanding of the requirement. The risk of unacceptable performance to the Government is high.

Submission is unawardable.

During their evaluations, Technical Evaluators shall provide narrative to specifically identify a Vendor’s strengths and weaknesses/significant weaknesses, and deficiencies in support of the ratings given. The definitions of these characteristics are as follows:

Strength: A strength is an aspect of the submission that exceeds stated requirements and evaluation standards of the solicitation in a way that is beneficial to the Government for the purpose of this particular acquisition.

ACQUISITION SENSITIVE IAW FAR 3.104 7

Weakness: A weakness is a flaw in the submission that increases the risk of unsuccessful task order performance.

Significant Weakness: A significant weakness is a flaw in the submission that appreciably increases the risk of unsuccessful task order performance. A combination of weaknesses in a single factor can equate to a significant weakness.

Deficiency: A deficiency is a material failure of a submission to meet a Government requirement or a combination of significant weaknesses in a submission that increases the risk of unsuccessful task order performance to an unacceptable level.

In the evaluation of Past Performance, the Technical Evaluators, shall use the following adjectival rating system:

Vendors are advised that the Government may consider past performance information obtained from sources other than those identified by the Vendor, including Federal, State, and local Government agencies, better business bureaus, published media and electronic databases including, but not limited to, Contractor Performance Assessment Reporting System (CPARS). The Government may research Vendor performance on any Federal, State, local and commercial procurement that is known to the Government but not included on a submitted reference.

The first aspect is to evaluate whether the Vendor’s past performance is relevant or not relevant to the effort to be acquired.

Adjectival Rating Description

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires

The second aspect of the past performance evaluation is to determine how well the Vendor performed on the contracts. Past Performance information that is not recent or relevant is not considered in the assessment of Past Performance Confidence. In conducting a performance confidence assessment, each Vendor shall be assigned one of the ratings below:

Adjectival Rating Description

Acceptable Acceptable Based on the Vendor’s performance record, the Government has a reasonable expectation that the Vendor will successfully perform the required effort, OR the Vendor’s performance record is unknown.

Unacceptable Unacceptable Based on the Vendor’s performance record, the Government does not have a reasonable expectation that the Vendor will be able to successfully perform the required effort.

ACQUISITION SENSITIVE IAW FAR 3.104 8

In the case of a Vendor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Vendor may not be evaluated favorably or unfavorably on past performance.

Therefore, the Vendor shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

CLAUSES

This RFQ hereby incorporates all Federal Acquisition Regulation (FAR) provisions and clauses contained herein. The FAR provisions and clauses cited in this notice can be viewed at https://www.acquisition.gov/. The Transportation Acquisition Regulation (TAR) provisions and clauses cited in this notice can be viewed at https://www.acquisition.gov/tar.

FAR clauses and provisions incorporated by reference:

52.203-3 Gratuities (Apr 1984) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (Sep 2024) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-7 System for Award Management (Nov 2024) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-2 Evaluation--Commercial Items (Nov 2021) 52.212-4 Contract Terms and Conditions--Commercial Items (Nov 2023) 52.217-5 Evaluation of Options (Jul 1990) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications (Jun 2020) 52.226-7 Drug-Free Workplace (May 2024) 52.227-14 Rights in Data – General (May 2014) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts for Prompt Payment (Feb 2002) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-2 Service of Protest (Sep 2006) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American

Security Drone Act – Covered Foreign Entities (Nov 2024) 52.242-13 Bankruptcy (Jul 1995) 52.245-1 Government Property (Sep 2021) 52.246-4 Inspection of Services – Fixed Price (Aug 1996)

TAR clauses and provisions incorporated by reference:

1252.209-70 Organizational and Consultant Conflicts of Interest (Nov 2022) https://www.acquisition.gov/ https://www.acquisition.gov/tar

ACQUISITION SENSITIVE IAW FAR 3.104 9

1252.223-73 Seat Belt Use Policies and Programs (Nov 2022) 1252.232-70 Electronic Submission of Payment Requests (Nov 2022) 1252.239-72 Compliance with Safeguarding DOT Sensitive Data Controls (Nov 2022) 1252.239-74 Safeguarding DOT Sensitive Data and Cyber Incident Reporting (Nov 2022) 1252.239-92 Information and Communication Technology Accessibility Notice (Nov 2022) 1252.239-93 Information and Communication Technology Accessibility (Nov 2022)

Full Text FAR AND TAR clauses and provisions

TAR 1252.201-70 Contracting Officer's Representative (Nov 2022)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

1252.237-73 Key Personnel (NOV 2022)

(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change in writing. The key personnel under this contract are:

[Contracting Officer to insert specified key personnel upon award]

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

ACQUISITION SENSITIVE IAW FAR 3.104 10

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications

(i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

ACQUISITION SENSITIVE IAW FAR 3.104 11

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.

(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— https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

ACQUISITION SENSITIVE IAW FAR 3.104 12

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

(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)

ACQUISITION SENSITIVE IAW FAR 3.104 13

52.212-1 - Instructions to Vendors - Commercial Products and Commercial Services (Tailored for Simplified Acquisition Procedures) (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code and small business size standard for this acquisition appears on Page 1 of this combined synopsis/solicitation. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show-

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the vendor shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) The vendor agrees to hold the prices in its quotation firm for 90 calendar days from the date specified for receipt of quotations, unless another time period is specified in an addendum to the solicitation.

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

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(e) Multiple quotations. Vendors are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately.

(f) Late submissions.

(1) Vendors are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due.

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

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

(g) Contract award. The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the vendor’s initial quotation should contain the vendor’s best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, vendors if later determined by the Contracting Officer to be necessary. However, the Contracting Officer will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR

15.306. The Government may reject any or all quotations if such action is in the public interest; and issue a purchase order to other than the vendor with the lowest priced quotation.

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

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

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW

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Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph

(h)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j)Unique entity identifier. (Applies to all quotations that exceed the micro-purchase threshold, and quotations at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The vendor shall enter, in the block with its name and address on the cover page of its quotation, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the vendor's name and address. The vendor also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the vendor to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the vendor does not have a unique entity identifier, it should contact the entity designated at www.sam.gov

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the vendor acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any purchase order resulting from this solicitation. If the vendor does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered vendor. vendors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov http://www.sam.gov/

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(l) Debriefing. If a post-award debriefing is given to requesting vendors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed vendor’s quotation.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed vendor and past performance information on the debriefed vendor.

(3) A summary of the rationale for award;

(4) For acquisitions of commercial products, the make and model of the product to be delivered by the successful vendor.

(5) Reasonable responses to relevant questions posed by the debriefed vendor as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Jan 2025) (DEVIATION FEB 2025)

(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)).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4

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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…