Solicitation 70CMSW25Q00000006 REVISED 4 16 2025.pdf

Combined Synopsis/Solicitation FY25 Law Enforcement Equipment Re-compete Supports ICE/OFTP

COMBINED SYNOPSIS SOLICITATION

REQUEST FOR QUOTATIONS (RFQ)

RFQ # 70CMSW25Q00000006

REVISED 4/16/2025

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in the Federal Acquisition Regulation (FAR) Parts 12, Acquisition of Commercial Products and Commercial Services in conjunction with Part 15, Contracting by Negotiation. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation will not be issued. This solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2025-03 dated January 17, 2025, Homeland Security Acquisition Regulation (HSAR) thru December 26, 2024, and Homeland Security Acquisition Manual (HSAM) through 04/07/2025.

I. GENERAL REQUIREMENT:

Background: The Department of Homeland Security (DHS)/Immigration and Customs Enforcement (ICE) is the largest federal law enforcement agency. ICE’s mission includes preventing terrorism and enhancing domestic security, managing our borders, administering immigration and customs laws, and securing cyberspace. In support of these missions, ICE agents perform a wide range of law enforcement functions throughout the United States. A critical part of the effective performance of these ICE missions is supplying agents in the field with the highest quality equipment that allows him/her to perform their law enforcement duties safely and effectively.

Scope of Work: ICE/Office of Firearms and Tactical Programs (OFTP) has a need for a contracting vehicle that can supply various mission critical Law Enforcement (LE) equipment to support the mission of OFTP, which is to provide Academy Students, Field Agents, and Officers with LE equipment that increases officer safety protocol and improves the tactical proficiency of the federal armed work force.

North American Industrial Classification System (NAICS): The associated North American Industrial Classification System (NAICS) code for this procurement is 315990, Apparel Accessories and Other Apparel Manufacturing.

Product Service Code (PSC): The associated PSC is 8415, Clothing, Special Purpose.

100% Small Business Set-Aside: This acquisition is being solicited as a 100% Small Business set aside. The Government will consider and evaluate quotes from Small Businesses under the NAICS code 315990 only.

BRAND NAME OR EQUAL (Attachment 1- Master Parts List):

“Attachment 1- Master Parts List” details a total of 368 law enforcement equipment items that may be procured during the 5-year Ordering Period. The government will evaluate individual items proposed from offers on a “Brand Name or Equal” basis. Offerors may either propose the items exactly as listed in Attachment 1 or propose a different product item, other than the one(s) listed in Attachment 1, by providing a Description, Part Number(s) and Manufacturer in addition to providing a Unit Price and Total Price for the Government to evaluation. If the offerors propose the exact part number(s) in Attachment 1, then the firm shall also provide a Unit Price and Total Price using the information for the individual item already listed.

IMPORTANT NOTE: For items proposed not listed on Attachment 1, below are the following instructions regarding sending physical samples to OFTP and where to send the samples:

PHYSICAL SAMPLES:

If an offeror proposes an item not listed on Attachment 1, then the firm shall send a physical sample of that item to the following address for evaluation:

• DHS/ICE/OFTP, ATTN: Robert McCloskey, 6760 Upton Ave, BLDG 234, Fort Benning, GA 31905

DELIVERY NOTE: - All physical samples submitted for evaluation will not be returned to the offeror and shall be discarded by the corresponding office that conducted the evaluation.

II. BLANKET PURCHASE AGREEMENT(S):

A. Description of Blanket Purchase Agreement(s):

Pursuant to the authority listed in FAR Part 13.303-2, the ICE Office of Acquisition (OAQ), intends to establish a maximum of TWO (2) Firm-Fixed- Price (FFP) Blanket Purchase Agreements (BPAs) to procure various mission critical law enforcement equipment to support OFTP. The required equipment/parts are listed in Attachment 1.

B. Extent of Obligation:

Each BPA awarded will have a five (5) year Ordering Period which will also serve as the Period of Performance (POP) starting from the date of award and no optional periods. BPA Calls may be awarded up until the last day of the BPA expiration date and shall not have a POP to exceed 12 months. In accordance with FAR Part 13.303-6, the BPA(s) will be reviewed by the Contracting Officer at least annually (every 12 months) before the anniversary of its effective date and revised as necessary.

C. Purchase Limitation:

D. Individuals authorized to purchase under the BPA:

Any warranted ICE Contracting Officer (CO) may compete and award BPA Calls against the BPA vehicles. In addition, the BPA CO has the overall responsibility for the administration of the terms and conditions of the BPA. The BPA CO maintains BPA oversight, conducts quality reviews, establishes ordering guidelines, and provides support to the program office, resolve issues with Components and industry, and issues modifications as needed.

E. Delivery Tickets:

The offeror shall provide adequate commercial packaging and marking for shipping and delivery of all equipment ordered for receipt in undamaged condition. Containers and closures shall comply with Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

At a minimum, each BPA Call award quote shall include the following information to the Government:

- Name and Full Address

- BPA Base Number/BPA Call Award Number

- Itemized list of commodities being provided

- Quantity and Unit Price for each item

- POP of the BPA Call and deliver date of items

- Total Price

F. Invoices: Invoicing instructions will be provided on the individual BPA Call awards.

III. QUOTE SUBMISSION:

Offerors shall submit their pricing by completing Attachment 1 and providing a unit price for as many items as practicable over the 5-year Ordering Period for the Government to evaluate (see Factor 1 evaluation criteria).

In addition to Attachment 1, the RFQ submission shall also include a cover sheet identifying the contents to include the following:

IAW FAR 13.303-5(b)(2), the dollar limitation for purchases for commercial products under each individual BPA Call award is $7.5 million. The aggregate value for the BPA(s) awarded as a result of this solicitation (maximum of two BPA awards combined) is estimated at $49,500,000.00 over the entire BPA ordering period. The Government reserves the right to decrease or increase the number of parts listed in Attachment 1 during the POP. The Government is not obligated to guarantee any dollar amount under the BPA(s) and all obligations will be applied at the BPA Call level.

• Solicitation number 70CMSW25Q00000006

• Name and complete business mailing address

• Unique Entity Identifier (UEI) Number

• Authorized Point of Contact (POC), email address and telephone number

RFQ QUESTIONS:

Questions concerning the RFQ shall be submitted via e-mail, no later than Tuesday, April 15, 2025 at 3:00PM Eastern Time (ET) to Tony.Ross@ice.dhs.gov and Denise.Bowie@ice.dhs.gov.

FINAL QUOTATIONS DUE:

Final Quotations shall be received no later than (NLT) Thursday, May 1, 2025 at 3:00PM ET to Tony.Ross@ice.dhs.gov and Denise.Bowie@ice.dhs.gov to be considered for award. The contractor agrees to hold the prices in its quote firm for at least 120 calendar days from the date specified for receipt of quotes.

*IMPORTANT: Physical samples for parts proposed that are not listed in Attachment 1 shall be received at the OFTP Fort Benning, GA location(s) prior to the final quote submission due date to be considered in the overall number of quoted items. Upon receiving the item(s), OFTP will conduct an evaluation to determine if the item meets the technical requirements of the part listed in Attachment 1.

DELIVERY TERMS:

Delivery of all items is Free-On-Board (FOB) Destination to the following location (alternative addresses for BPA Call awards may be given by OFTP under special circumstances and determined prior or at time of BPA Call award):

• OFTP Location- DHS/ICE/OFTP, ATTN: Robert McCloskey, 6760 Upton Ave, BLDG 234, Fort Benning, GA 31905

WARRANTY:

Unless specified otherwise in the BPA agreement, the offeror’s standard commercial guarantee/warranty will apply.

mailto:Tony.Ross@ice.dhs.gov mailto:Denise.Bowie@ice.dhs.gov.

mailto:Tony.Ross@ice.dhs.gov mailto:Denise.Bowie@ice.dhs.gov

IV. EVALUATION CRITERIA:

A. BASIS FOR AWARD- BPA BASE AWARD(s):

Pursuant to FAR Part 13.303, Blanket purchase agreements (BPAs), the Government intends to award a maximum of TWO (2) BPA awards to the offerors whose quote(s) represent the best value to the Government, price and other factors considered, using a trade-off analysis and a price reasonableness method to determine that the Government is paying a fair and reasonable price. “Other factors” shall include evaluation Factors 1 and 2, as set forth below. Accordingly, the CO reserves the right to not make BPA award(s) to offerors with unreasonably high prices based on the Price Reasonableness analysis.

The RFQ Factors are as follows:

• Factor 1- Technical Approach

• Factor 2- Delivery Time

• Factor 3- Price

Weight of Factors- The evaluation factors are stated in descending order of importance. Factors 1 and 2 are referred to as non-price factors. Non-price factors (when combined) are significantly more important than Price.

As the non-price evaluation factors approach equality, price becomes more important in making an award determination.

-For Factor 1, Technical Approach, the Government has determined that a “Brand Name or Equal” evaluation criteria will meet the needs of the Agency. Attachment 1 details the comprehensive list of 368 Law Enforcement Equipment parts that will be needed over the entire 5-year period of performance. The offeror shall provide a price for each item that can be provided during the entire ordering period. Prices should not be provided for parts that cannot be supplied during the ordering period. The Government will evaluate parts proposed for other than the parts currently listed in Attachment 1 using a brand name or equal evaluation method to ensure the part(s) are at least equal in technical value for OFTP. Any part found to be acceptable based on the samples sent to OFTP will be included in the total number of technically “Acceptable” parts for Attachment 1 IAW Evaluation Factor

1. Any proposed part(s) proposed found to be Technically “Unacceptable” will not be included in the total number of total parts for Attachment 1 IAW Evaluation Factor 1.

The adjectival ratings for Factor 1 are as follows:

Excellent Offeror provides individual pricing for between 90-100% of the total items listed in Attachment 1.

(Range of QTY 331 to 368 items proposed)

Good Offeror provides individual pricing for between 80-89% of the total items listed in Attachment 1.

(Range of QTY 294 to 330 items proposed)

Acceptable Offeror provides individual pricing for between 60-79% of the total items listed in Attachment 1.

(Range of QTY 220 to 293 items proposed)

Unacceptable Offeror provides individual pricing for less than 60% of the total items listed in Attachment 1.

(Range of QTY 0 to 219 items proposed)

Note: An Unacceptable rating for Factor 1 will result in the quote not being considered for award and deemed ineligible for further consideration.

-Factor 2, Delivery Time, will be scored on an adjectival rating basis as follows:

Excellent Ability to deliver within 30 days after receipt of award (ARO).

Good Ability to deliver within 31-60 days after receipt of award (ARO).

Acceptable Ability to deliver within 61-120 days after receipt of award (ARO).

Unacceptable Delivery exceeds 120 days after receipt of award (ARO).

Note: An Unacceptable rating for Factor 2 will result in the quote not being considered for award.

-Factor 3: Price

Price quotations will not be assigned an adjectival rating but will be evaluated with respect to reasonableness and completeness based on the information contained in the quotation. IAW FAR Part 12.209, determination of price reasonableness, the CO will conduct a price reasonableness evaluation on quotations to ensure the proposed prices are not too high (excessive) for what the Government is being asked to pay for the law enforcement equipment.

Below is the chart that will be used for this analysis:

Offeror # Of Items proposed priced below the Government IGCE

# Of Items proposed priced above the Government IGCE

TBD TBD TBD

In addition, IAW FAR Part 15.404-1(b), the CO will conduct a price analysis using the following Price Analysis Techniques to establish fair and reasonable pricing:

• Adequate Price Competition: CO may compare proposed pricing received in response to the solicitation.

• Comparison to IGCE: The CO may compare proposed pricing to independent Government cost estimates for the law enforcement equipment listed in Attachment 1.

• Historical Prices: CO may compare proposed pricing to historical pricing paid by ICE/OFTP under previous BPA/contract awards for similar law enforcement equipment.

• Completeness: The Government’s price evaluation will also assess the accuracy and completeness of the quotation, which involves verification that:

• All applicable line items are priced in Attachment 1

• Pricing figures are correctly calculated

• Prices/discounts are presented in the adequate format

B. BASIS FOR AWARD- INDIVIDUAL BPA CALLS AWARDS (if a multiple BPA award vehicle is awarded):

IAW FAR Part 13.303, if the Government awards multiple BPA’s, the Contracting Officer shall encourage maximum practicable competition among the BPA holders when awarding individual BPA Calls. An Ordering Guide and evaluation criteria will be provided with the Base BPA award detailing the exact ordering procedures for each BPA Call competition.

V. ATTACHMENTS:

The following attachments are incorporated to this combined synopsis/solicitation:

• Attachment 1- Master Parts List revised 4/16/2025

PROVISIONS/CLAUSES SECTION:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services. Additional examples include 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services, and 52.213-4, Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

• Paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services;

Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services;

• Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services; and

• Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

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 Provisions Incorporated by Reference (IBR):

-FAR 52.204-7, System for Award Management (NOV 2024) -FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) -FAR 52.207-6, Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple Award Contracts) (AUG 2024) -FAR 52.209-7, Information Regarding Responsibility Matters (OCT 2018) -FAR 52.209-12, Certification Regarding Tax Matters (OCT 2020) -FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services (MAY 2024) -FAR 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020) -FAR 52.229-11, Tax on Certain Foreign Procurement- Notice and Representation (JUN 2020)

FAR Provisions Incorporated in Full Text:

52.212-1 Instructions to Offerors-Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(a)North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1)The solicitation number;

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

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

(4)A technical description of the items being offered 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;

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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

(8)A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror 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)If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c)Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, 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 offers. 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.

(e)Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f)Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, 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 offers or revisions are due.

(2)

(i)Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the 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.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A)If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C)If this solicitation is a request for proposals, it was the only proposal received.

(ii)However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4)If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers 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 offers 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.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g)Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h)Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers 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 offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii)If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2)Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3)Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i)Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii)Contacting the Defense Standardization Program Office by telephone at 571–767– 6688 or email at assisthelp@dla.mil.

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

(j)Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror 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 Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/feedback mailto:assisthelp@dla.mil https://www.acquisition.gov/far/subpart-32.11#FAR_Subpart_32_11 http://www.sam.gov/ a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k)[Reserved]

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

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

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

(3)The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4)A summary of the rationale for award;

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

(6)Reasonable responses to relevant questions posed by the debriefed offeror 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)

52.212-2 Evaluation-Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: SEE

EVALUATION FACTORS AND WEIGHT OF FACTORS ABOVE.

(b)Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

http://www.sam.gov/ https://www.acquisition.gov/far/12.301#FAR_12_301

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

(End of provision)

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

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

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

(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— https://www.acquisition.gov/far/4.2105#FAR_4_2105 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/52.204-26#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

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

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

(2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

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

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

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

(d)Representation. The Offeror represents that—

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

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

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

https://www.sam.gov/

(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)

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

As prescribed in 4.2105(c), insert the following provision:

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

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

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

(c)

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

(2)After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(End of provision)

52.225-2, Buy American Certificate (FEB 2021)

As prescribed in 25.1101(a)(2), insert the following provision:

BUY AMERICAN CERTIFICATE (OCT 2022)

(a)

(1)The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2)The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3)The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4)The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b)Foreign End Products:

Line Item No. Country of Origin

(b)[List as necessary]

(c)Domestic end products containing a critical component:

Line Item No. ___

[List as necessary] https://www.acquisition.gov/far/25.1101#FAR_25_1101 https://www.acquisition.gov/far/25.105#FAR_25_105

(d)The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

52.225-18 Place of Manufacture (AUG 2018)

As prescribed in 25.1101 (f), insert the following provision:

PLACE OF MANUFACTURE (AUG 2018)

(a)Definitions. As used in this provision—

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1)FPSC 5510, Lumber and Related Basic Wood Materials;

(2)Product or Service Group (PSG) 87, Agricultural Supplies;

(3)PSG 88, Live Animals;

(4)PSG 89, Subsistence;

(5)PSC 9410, Crude Grades of Plant Materials;

(6)PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7)PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8)PSC 9610, Ores;

(9)PSC 9620, Minerals, Natural and Synthetic; and

(10)PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b)For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-https://www.acquisition.gov/far/part-25#FAR_Part_25 https://www.acquisition.gov/far/25.1101#FAR_25_1101

(1)□ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2)□ Outside the United States.

(End of provision)

52.233-2 Service of Protest (SEPT 2006)

As prescribed in 33.106 , insert the following provision:

SERVICE OF PROTEST (SEPT 2006)

(a)Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the ICE Contracting Officer located at DHS/ICE, ATTN: OAQ CO Tony Ross, 9495 Delegates Drive, Orlando, FL 32837.

(b)The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

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/.

https://www.acquisition.gov/far/33.106#FAR_33_106 https://www.acquisition.gov/far/33.101#FAR_33_101 https://www.acquisition.gov/FAR/ https://www.acquisition.gov/FAR/ https://www.acquisition.gov/FAR/

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (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 (JAN 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)

(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)**

(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

(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, Proposed for Debarment, or Voluntarily Excluded.

(JAN 2025)

(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 (JAN 2025)

(21) 52.219-9 Small Business Subcontracting Plan (JAN 2025)

Alternate I (NOV 2016)

Alternate II (NOV 2016)

Alternate III (JUN 2020)

Alternate IV (JAN 2025)

(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 Postaward Small Business Program Rerepresentation (JAN 2025)

(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 (JAN 2025)

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

(34) (i) 52.222-26, Equal Opportunity (SEP 2016)

(ii) 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 (JAN 2025) (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…