2.2.1-Solicitation-RFQ- Courier Services.pdf

70CDCR24Q00000003

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

1 1

ICE Office of Acquisition Management 500 12th St SW

WASHINGTON DC 20024

DETENTION COMPLIANCE AND REMOVALS

Multiple

1700 ES

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This is a solicitation from the Department of Homeland Security, Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ) on behalf of Enforcement and Removal Operations (ERO) for the courier services. Further details can be found on page 2.

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Request for Quotation (RFQ) - 70CDCR24Q00000003 SNA Courier Services

The United States Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO) Division, San Antonio Field Office (SNA) has a need for Courier Services to support its mission. ICE/OAQ is issuing this solicitation on behalf of ICE/ERO under FAR Part 12.6 and simplified acquisition procedures in accordance with FAR Part 13. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This procurement is a small business set-aside.

The Government intends to issue a purchase order (PO) award to a qualified vendor to meet the requirement.

RFQ NUMBER: The RFQ number is 70CDCR24Q00000003.

NAICS CODE: The suggested North American Industry Classification System (NAICS) code is 492110, Couriers and Express Delivery Services

PRODUCT SERVICE CODE (PSC) is R602 – Support: Administrative, Courier /Messenger.

DESCRIPTION OF REQUIREMENT: See Attachment 1, Statement of Work (SOW).

PURCHASE ORDER TYPE: Firm-Fixed-Price (FFP).

PURCHASE ORDER (PO) PLACEMENT: Request for Quote (RFQ) is being issued competitively to small businesses who are engaged in courier services to service this need. The resultant PO will be awarded in accordance with the criteria stipulated under Evaluation Criteria (page 6) and Basis of Award (page 6). No alternate quotations shall be accepted. Quotation costs will not be reimbursed. All quoters shall submit their best price and technical capabilities to provide Courier Services to ICE/ERO in accordance with the SOW.

QUESTIONS:

If you have questions regarding this requirement, please submit your inquiries immediately via email, but no later than 5:00 PM Eastern Time, July 8, 2024, to ejikeme.ezeala@ice.dhs.gov and briana.jones@ice.dhs.gov. Questions received after the above deadline may be responded to at the discretion of the Contracting Officer. All communications regarding this requirement shall be between the quoter and ICE only. Please be advised that the Government reserves the right to publish those questions and answers to all prospective quoters. As such, quoter’s should refrain from including proprietary information in their questions.

mailto:ejikeme.ezeala@ice.dhs.gov mailto:briana.jones@ice.dhs.gov

Questions shall be provided in the following format:

Document Page Section Title Paragraph Question

COVER PAGE:

The quoter’s cover page and shall contain the following:

Tax identification number (TIN) Unique Entity Identifier (UEI) Complete business mailing address Contact name.

Contact phone.

Contact e-mail address.

RFQ number.

Business Size.

Business Classification/Socio-Economic Category (e.g., Women Owned etc.).

Active System for Award Management (SAM) Registration.

QUOTE DUE DATE

The due date for responses to this RFQ is no later than 5:00PM Eastern Time, July 12, 2024. Any submissions received after the date and time specified herein will NOT be accepted, evaluated, or considered for award.

PERIOD OF PERFORMANCE (POP)

The POP is from the effective date as stated on the award through 12 months, plus 4 Option Years. Option Years will only be exercised subject to quoter’s satisfactory performance, determination of a bonafide need, and availability of funds. The projected POP is as follows:

Base Period: 8/1/2024 – 7/31/2025 Option Year 1: 8/1/2025 – 7/31/2026 Option Year 2: 8/1/2026 – 7/31/2027 Option Year 3: 8/1/2027 – 7/31/2028 Option Year 4: 8/1/2028 – 7/31/2029

DESCRIPTION OF REQUIREMENT & PRICE TABLE

This requirement is for morning and afternoon courier service ‘runs’ in San Antonio, Bexar County of Texas.

Please see the attached SOW for currently served sites including addresses. The Government will obtain wage determinations for additional possible places of performance if asked to do so in writing. The Vendor shall include the proposed county for base operations. The Vendor shall provide:

Table 1

NON-PERSONAL SERVICES: Vendor shall provide all materials, equipment, transportation, labor, supervision, licenses, fees, and training to perform courier services for the San Antonio, Texas area. All Vendor costs and fees, exclusive of fuel costs, must be included when calculating the per container pick up and monthly unit prices below.

Line Item Services Quantity Unit Unit Price Extended Amount

0001 BASE PERIOD: performance period of 365 days from performance start date.

Courier Services for San Antonio, TX area in accordance with the Statement of Work

12 MO

Total Base Year 1001 OPTION YEAR ONE: performance period of 365 days starting at the conclusion of the base period.

Courier Services for San Antonio, TX area in accordance with the Statement of Work

Total Option Year One

2001 OPTION YEAR TWO: performance period of 365 days starting at the conclusion of option period one.

Courier Services for San Antonio, TX area in accordance with the Statement

Two

3001 OPTION YEAR THREE: performance conclusion of option period three.

Courier Services for San Antonio, TX area in accordance with the Statement

Three

4001 OPTION YEAR FOUR: performance conclusion of option period three.

Courier Services for San Antonio, TX area in accordance with the Statement of Work .

12 MO

Four

Total All Years

Release of Information: The Vendor shall not disclose, advertise, or release information about this contract to any individual or organization without prior written approval from the Contracting Officer.

INSTRUCTION TO VENDORS

Quotes shall comply with the following instructions for preparing the quotes. Failure to do so may result in the Vendor’s quote considered non-compliant.

The Technical Volume is limited to ten (10) pages. At a minimum, quotation packages shall include the following elements:

• A comprehensive technical write-up which demonstrates the vendor’s ability to meet all the requirements outlined in the Statement of Work.

The price volume shall consist of the completed pricing structure in the above Table 1.

Additional Instructions:

The first page of the technical response and the price quote should indicate the assigned RFQ number 70CDCR24Q00000003 and title “Courier Services.”

Electronic copies shall be formatted using Microsoft Office with file names that are consistent with the structure of the quote. Individual file sizes shall not exceed three (3) MB and all Microsoft Excel cell formulas shall be viewable. Please do not use passwords to protect the submitted media. Please ensure that all electronic media submitted has been scanned for viruses prior to submittal.

The government has not specified detailed formatting requirements for the quoter’s written submissions (such as minimum margins, font size, and so forth), but expects thoughtful and purposeful engagement and professionalism focused on meeting the government’s needs for the acquisition. Written submissions should contain enough detail to illustrate that the quoter has the technical ability to meet the requirement and can successfully complete the work. Note, quote contents that exceed the stated page limitations will be removed from the quote by the CO prior to turning the proposal over to the government evaluation team, and the excess pages will not be considered or evaluated. The title page, table of contents, table of figures, list of tables and glossary of abbreviations & acronyms do not count against page count limitations.

EVALUATION CRITERIA

This requirement will be evaluated for technical acceptability only and award will be made to the Vendor with the lowest priced technically acceptable quote (LPTA). The Government intends to award a FFP contract and reserves the right to award without discussions. If it is determined that none of the quotes received are technically acceptable to the Government, no award will be issued against this solicitation. The Government assumes no responsibility or liability for costs incurred in preparing and submitting quotes.

The Government will evaluate the following two Factor:

• Factor 1 - Technical

• Factor 2 – Price

Evaluation of Factor 1 – Technical Capability

The quoter’s Technical Capability quote will be evaluated for technical acceptability only. A Technical Capability quote shall be determined to be technically acceptable or unacceptable based on the rating definitions in the table below. Note that simple statements of compliance or reiteration (e.g.., “understood”; “will comply”, “has the capability to”, “well-known techniques will be used”), without a detailed description of how compliance or performance will be met, may not sufficiently demonstrate quoter’s ability to meet the requirements and may result in a rating of Unacceptable.

Rating Definitions:

Acceptable The quote demonstrates the vendor’s thorough understanding of the requirements outlined in the SOW and the capability to meet all outlined requirements.

Unacceptable The quote does not demonstrate the vendor’s thorough understanding of the requirements outlined in the SOW and the capability to meet all outlined requirements.

Evaluation of Factor 2 - Price

The price quote shall include individual pricing for all required line items (See Table 1 above). The Price quote will not be rated but will be evaluated with respect to reasonableness. As part of the price evaluation, the government will evaluate the extension period authorized by FAR 52.217-8 Option to Extend Services. The pricing for evaluation of FAR 52.217-8 will be derived by dividing the total amount of Option Period 4 by a factor of two. Thus, for the purposes of evaluation under this RFQ, the quoter's total evaluated price for the PO will include the base period, all option periods, and the FAR 52.217-8 Option to Extend Services pricing. Note, a separate CLIN will not be included in the contract for the FAR 52.217-8 pricing.

The Government will evaluate the total proposed price (inclusive of all option periods and the FAR 52.217-8 pricing) for reasonableness by utilizing one or more of the following methods:

• Comparison to other quotes received.

• Comparison and/or analysis based on Independent Government Cost Estimate.

• Comparison/analysis to historical prices.

• Comparison with competitive published price lists.

• Comparison of proposed prices with prices obtained through market research for the same or similar items.

BASIS OF AWARD

All quotes received in response to the RFQ will be ranked by the total proposed price from lowest to highest. The Government will first identify the lowest evaluated price quote and evaluate it for technical acceptability in accordance with the technical requirements listed in the RFQ. If the lowest-priced quote is deemed technically acceptable, an award will be made to that Vendor based on their quote. If the quote is deemed unacceptable, based on the evaluation of technical factors, the next lowest priced quote will be evaluated for technical acceptability. Once the least expensive technically acceptable quote has been identified, the Government will cease evaluating quotes.

Clause(s):

TERMS AND CONDITIONS

In the case of a conflict between the terms and conditions of the contractor’s agreement and the terms and conditions of this purchase/task/delivery order/contract, all applicable federal statutes and regulations shall govern.

FAR 52.204-13 System for Award Management – Maintenance (OCT 2018) This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2023) This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (FEB 2024)

(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)

(2) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023)**

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)** https://www.acquisition.gov/FAR/ https://www.acquisition.gov/FAR/ https://www.acquisition.gov/FAR/ https://www.acquisition.gov/FAR/ https://www.acquisition.gov/FAR/

(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)

(6) 52.233-3 Protest After Award (AUG 1996)

(7) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

(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:

(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

Alternate I (NOV 2021)

(2) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021)

(3) 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(JUNE 2010)

(4) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)

(5) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

(6) [Reserved]

(7) 52.204-14 Service Contract Reporting Requirements (OCT 2016)

(8) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016)

(9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(10) 52.204-28 Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023)

(11) 52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (DEC 2023)

Alternate I (DEC 2023) of 52.204-30

(12) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

(13) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

(14) [Reserved]

(15) 52.219-3 Notice of HubZone Set-Aside of Sole-Source Award (OCT 2022)

(16) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2022)

(17) [Reserved]

(18) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

Alternate I (MAR 2020)

(19) 52.219-7 Notice of Partial Small Business Set-Aside (NOV 2020)

(20) 52.219-8 Utilization of Small Business Concerns (FEB 2024)

(21) 52.219-9 Small Business Subcontracting Plan (SEP 2023)

Alternate I (NOV 2016)

Alternate II (NOV 2016)

Alternate III (JUN 2020)

Alternate IV (SEP 2023)

(22) 52.219-13 Notice of Set-Aside of Orders (MAR 2020)

(23) 52.219-14 Limitations on Subcontracting (OCT 2022)**

(24) 52.219-16 Liquidated Damages – Subcontracting Plan (SEP 2021)

(25) 52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program Set-Aside (FEB 2024)

(26) 52.219-28 Post Award Small Business Program Rerepresentation (FEB 2024)

(27) 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022)

(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)

(29) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020)

(30) 52.219-33 Nonmanufacturer Rule (SEP 2021)

(31) 52.222-3 Convict Labor (JUN 2003)

(32) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (FEB 2024)

(33) 52.222-21 Prohibition of Segregated Facilities (APR 2015)

(34) 52.222-26 Equal Opportunity (SEPT 2016)

Alternate I (FEB 1999)

(35) 52.222-35 Equal Opportunity for Veterans (JUN 2020)

Alternate I (JUL 2014)

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

Alternate I (JUL 2014)

(37) 52.222-37 Employment Reports on Veterans (JUN 2020)

(38) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(39) 52.222-50 Combating Trafficking in Persons (NOV 2021)

Alternate I (MAR 2015)

(40) 52.222-54 Employment Eligibility Verification (MAY 2022) (Executive Order 12989)

(41) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products

(MAY 2008)

Alternate I (MAY 2008)

(42) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016)

(43) 52.223-12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016)

(44) 52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment (JUNE 2014)

Alternate I (OCT 2015)

(45) 52.223-14 Acquisition of EPEAT®-Registered Televisions (JUNE 2014)

Alternate I (JUNE 2014)

(46) 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020)

(47) 52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

Alternate I (JUNE 2014)

(48) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

(49) 52.223-20 Aerosols (JUN 2016)

(50) 52.223-21 Foams (JUN 2016)

(51) 52.224-3 Privacy Training (JAN 2017)*

Alternate 1 (JAN 2017)

(52) 52.225-1 Buy American – Supplies (OCT 2022)

Alternate I (OCT 2022)

(53) 52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act (NOV 2023)

Alternate I [Reserved]

Alternate II (DEC 2022)

Alternate III (FEB 2024)

Alternate IV (OCT 2022)

(54) 52.225-5 Trade Agreements (NOV 2023)

(55) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

(56) 52.225-26 Contractors Performing Private Security Functions Outside the United States (OCT

2016)

(57) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007)

(58) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

(59) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021)

(60) 52.232-29 Terms for Financing of Purchases of Commercial Items (NOV 2021)

(61) 52.232-30 Installment Payments for Commercial Items (NOV 2021)

(62) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)

(63) 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management

(JUL 2013)

(64) 52.232-36 Payment by Third Party (MAY 2014)

(65) 52.239-1 Privacy or Security Safeguards (AUG 1996)

(66) 52.242-5 Payments to Small Business Subcontractors (JAN 2017)

(67) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021)

Alternate I (APR 2003)

Alternate II (NOV 2021)

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

(1) 52.222-41 Service Contract Labor Standards (AUG 2018)

(2) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

(3) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

(4) 52.222-44 Fair Labor Standards Act and Service Contract Act—Price Adjustment (MAY 2014)

(5) 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014)

(6) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services—Requirements (MAY 2014)

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

(8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

(9) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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.) **

(vi) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(vii) (A) 52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (DEC 2023) (Pub.

L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of the subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEPT 2015) (E.O. 11246)

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)

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

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

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

chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

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

(xxii)

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C. 3903 and 10 U.S.C 3801). Flow down required in accordance with paragraph (c) of 52.232-40

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

**FAR DEVIATIONS** If any of the below clauses are checked above, the below text will be applicable.

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (DEVIATION 20-05)

(a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing via email, to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information contained in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);

mailto:NDAA_Incidents@hq.dhs.gov https://dibnet.dod.mil/ item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 2020-05) (DEC 2020)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause mailto:NDAA_Incidents@hq.dhs.gov

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

FAR 52.219-14 Limitations on Subcontracting (JULY 2023) (DEVIATION JULY 2023)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are.

(i) Set aside for small business concerns under multiple-award contracts, as described in

8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in

19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are.

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii);

and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the

Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts that are not similarly situated entities. Any work that a similarly situation entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded.

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the

Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the

Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will act amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause

[Contracting Officer check as appropriate.]

_____By the end of the base term of the contract and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (OCT 2023) (Deviation 24-02)

(a) Definitions. As used in this clause—

United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker –

(1)(i) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and–

(A) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(B) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(ii) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c)

(iii) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)(i) A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

(ii) A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

(b) Executive Order Minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

(2) The…