70FBR626Q00000041 Open Market.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

70FBR626Q00000041

FEMA REGION VI

FEDERAL REG CENTER ATTN RECEIVING OFFICER

800 NORTH LOOP 288

DENTON TX 76209-3606

FEMA REGION 06

DHSFEMA

REGION VI 800 NORTH LOOP 288

DENTON TX 76209-3606

FEMA REGION 06

DHSFEMA

REGION VI 800 NORTH LOOP 288

DENTON TX 76209-3606

09/22/2026 1300 CT

Destiny Dyson

70FBR6 100.00

70FBR6

Destiny Dyson

541519

09/11/2026

FEMA R06

The purpose of this Request for Quote (RFQ) is to solicit quotes for Shure ANX4 Incremental

Channel Expansion Licenses and UniFi Indoor

Cat6A CMP cable in support of the Federal

Emergency Management Agency (FEMA) Region VI

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Federal Regional Center and the Texas Room located in the Russell Newman Building.

This is an open market RFQ. The associated

NAICS code is 541519, Other Computer Related

Services, Information Technology Value Added

Resellers, with a size standard of 150 employees.

This procurement will be evaluated on a Lowest

Price Technically Acceptable (LPTA) basis. All software licenses must be authorized license entitlements. All cable supplies must be new, genuine OEM products. All quoted items must be

TAA compliant, as applicable.

The range of affordability is $47,000.00. This amount is provided for affordability purposes only and is not a ceiling or floor. The

Government may award below, at, or above this amount if the quote is technically acceptable, is the lowest evaluated price, the price is fair and reasonable, and funds are available.

Quoters shall provide an itemized quotation for each CLIN, including product description, manufacturer, part number, quantity, unit price, extended price, warranty or license support information, and any applicable reseller or distributor authorization

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

70FBR626Q00000041

documentation.

Questions must be submitted by email to

Destiny.Dyson@fema.dhs.gov no later than 12:00

PM CT on September 16, 2026. Quoters must reference RFQ 70FBR626Q00000041 in all correspondence. Phone calls will not be accepted.

Quotes must be submitted by email to

Destiny.Dyson@fema.dhs.gov no later than 1:00

PM CT on September 22, 2026. Quotes received after the deadline may not be considered.

Delivery shall occur within 65 calendar days after receipt of order (ARO). Software licenses shall be delivered electronically unless otherwise authorized. Cable supplies shall be delivered FOB Destination to the location identified in the order.

The Contractor may invoice only after all required software licenses, entitlement information, activation information, support information, and cable supplies have been delivered and accepted by the Government.

0001 10 PHShure ANX4 Incremental Channel Expansion

License, Four-Channel License Pack

Quantity: 10

Unit: Pack

Product/Service Code: 7A21

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION SOFTWARE (PERPETUAL

LICENSE

SOFTWARE)

0002 6 BXUniFi Indoor Cable Cat6A CMP

UACC-Cable-C6A-CMP

Product/Service Code: 6145

Product/Service Description: WIRE AND CABLE, ELECTRICAL

A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions, Conditions, and Notices to Bidders M - Evaluation Factors for Award

A - Solicitation/Contract Form

B - Supplies or Services/Prices

C - Description/Specifications

License, Entitlement, and Support Requirements

The Contractor shall provide new, genuine, valid Original Equipment Manufacturer (OEM) or publisher-authorized Shure ANX4 Incremental Channel Expansion Licenses. The Contractor shall not provide counterfeit, gray-market, previously used, expired, unauthorized, or otherwise invalid licenses or products.

The Contractor shall provide all applicable license documentation, entitlement information, activation information, subscription or license term documentation, support contact information, and any standard OEM/publisher warranty or support information applicable to the quoted Shure licenses.

All Shure licenses shall be valid for the full license or subscription term identified in the RFQ or the Contractor’s quote. License coverage shall begin no earlier than the date of Government acceptance, unless otherwise required by OEM/publisher terms or expressly approved in writing by the Contracting Officer.

The Contractor shall provide all activation keys, entitlement IDs, license files, subscription IDs, account assignment information, or other activation materials required for the Government to activate and use the Shure licenses. The Government will be responsible for activating and administering the licenses unless otherwise authorized in writing by the Contracting Officer.

The Contractor shall provide reasonable assistance to resolve any license activation, entitlement, access, or support issues. If activation verification is available from the OEM/publisher or Contractor, the Contractor shall provide confirmation that the licenses are available for Government use.

For the UniFi Indoor Cat6A CMP cable, the Contractor shall provide new, genuine OEM products and any applicable standard commercial manufacturer warranty information. The Contractor shall not provide counterfeit, gray-market, refurbished, used, remanufactured, or unauthorized products unless expressly authorized in writing by the Contracting Officer.

The Contractor may submit an invoice only after all required Shure licenses, entitlement information, activation information, support information, and UniFi cable supplies have been delivered and accepted by the Government.

Purchase Order Administration

(a) The FEMA Contracting Officer (CO) is the only person authorized to approve changes to or modify any requirements under this Order. If the Contractor makes any change at the direction of any person other than the CO, the change will be considered unauthorized, and no adjustment will be made to the order price for expenses incurred as a result of the unauthorized change. All terms and conditions of this Order and applicable Federal Acquisition Regulation provisions apply.

Contracting Officer: Name: Destiny Dyson Email: Destiny.Dyson@fema.dhs.gov

Contracting Officer’s Representative (COR): Name: Karina Aguilo mailto:Destiny.Dyson@fema.dhs.gov

Email: Karina.Aguilo@fema.dhs.gov

(b) The Contractor shall submit requests for modification of this Order and other administrative requests to the CO and courtesy copy the COR. Contractual changes, including changes affecting price, delivery, license terms, warranty, support, or scope, must be approved in writing by the CO.

(c) Contractual problems shall be addressed as soon as possible and in accordance with applicable law, regulation, and the terms and conditions of this Order. The problem resolution escalation sequence is:

1. The Contracting Officer’s Representative (COR) authorized to monitor performance; then

2. The Contracting Officer who awarded the Order.

(d) Requests for information regarding contractual matters, including explanation of terms, order interpretation, changes, disputes, or matters affecting price, schedule, delivery, license entitlement, or warranty, shall be submitted to the CO. The CO is the only official authorized to modify the Order, terminate the Order, issue notices of termination, issue cure notices, or issue show cause notices.

Status Reporting The Contractor shall provide status reports to the COR at Karina.Aguilo@fema.dhs.gov only if there are delays, outstanding issues, license entitlement or activation issues, delivery issues, warranty issues, or upon request by the Government. Reports shall include, as applicable: delivery status; license entitlement or activation status; shipment tracking information for physical supplies; outstanding issues; corrective or resolution actions; and estimated dates for completion or resolution.

Invoicing Contractors will use Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal, when submitting a payment request. Payment requests, or invoices, must be submitted electronically in PDF format to the FEMA Finance Center at FEMA-Finance-Vendor-Payments@fema.dhs.gov and Karina.Aguilo@fema.dhs.gov. A copy of the voucher must also be submitted electronically to the Contracting Officer at Destiny.Dyson@fema.dhs.gov.

Paper vouchers will not be processed for payment. If the Contractor is unable to submit a payment request electronically, an alternative method may be mutually agreed upon by the Contractor, the Contracting Officer, and the payment office.

A proper invoice must include the following information: FEMA order number, a 17-digit number starting with 70F, as shown on the award/order documentation; Contractor’s name and address; Invoice date and invoice number; Contracting Officer’s name and contact information; Contracting Officer’s Representative name and contact information; contract line item number, if applicable; description of supplies, licenses, or support delivered; quantity delivered; unit of measure; unit price and extended price; total invoice amount;

delivery date; license entitlement, activation, subscription, or support information, if applicable; shipping or tracking information for physical supplies, if applicable; payment terms and remittance address; and any other information or documentation required by this Order.

The FEMA order number must be included on the invoice for it to be considered a proper invoice and processed for payment.

The Contractor may submit an invoice only after all required software licenses, entitlement information, activation information, support information, and cable supplies have been delivered and accepted by the Government.

License Support and Warranty Requirements The Contractor shall provide authorized Shure ANX4 Incremental Channel Expansion Licenses and new, genuine Original Equipment Manufacturer (OEM) UniFi Indoor Cat6A CMP cable, unless otherwise expressly authorized in writing by the Contracting Officer.

For the Shure license CLIN, the Contractor shall provide all license entitlement information, activation information, subscription or license documentation, support contact information, and any other information required for the Government to activate and use the licenses. The Contractor shall provide reasonable assistance to resolve activation, entitlement, access, or support issues.

For the UniFi cable CLIN, the Contractor shall provide the standard commercial manufacturer warranty, if applicable. Warranty coverage shall begin no earlier than the date of Government acceptance unless otherwise required by manufacturer terms or expressly approved in writing by the Contracting Officer.

mailto:Karina.Aguilo@fema.dhs.gov mailto:Karina.Aguilo@fema.dhs.gov mailto:FEMA-Finance-Vendor-Payments@fema.dhs.gov mailto:Karina.Aguilo@fema.dhs.gov mailto:Destiny.Dyson@fema.dhs.gov

The Contractor shall not provide gray-market, counterfeit, refurbished, used, remanufactured, expired, invalid, or unauthorized products or license entitlements unless expressly authorized in writing by the Contracting Officer. Warranty and license support obligations shall survive delivery and acceptance for the duration of the applicable warranty, license, or support period.

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance

G - Contract Administration Data

H - Special Contract Requirements

AI Language

The Contractor will not use or deploy the use of Artificial Intelligence, as defined by 15 U.S.C. 9401(3), unless expressly authorized by the Contracting Officer.

The term 'artificial intelligence' means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments.

Artificial intelligence systems use machine and human-based inputs to –

(A) perceive real and virtual environments;

(B) abstract such perceptions into models through analysis in an automated manner; and

(C) use model inference to formulate options for information or action.

I - Contract Clauses

3052.242-72 Contracting Officer's Representative. (DEC 2003)

52.204-25 DEVIATION PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(DEVIATION 20-05) (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

(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.

(End of clause)

SUBPART 3.9 WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR EMPLOYEES

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(JAN 2017)

52.204-7 System for Award Management-Registration. (NOV 2024) (Deviation AUG 2025)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (Deviation Effective Date)

52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (NOV 2023) (Deviation AUG 2025)

52.225-5 Trade Agreements. (NOV 2023)

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

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) (Deviation AUG 2025)

52.244-6 Subcontracts for Commercial Products and Commercial Services. (OCT 2025) (Deviation Effective Date)

J - List of Documents, Exhibits and Other Attachments

Attachment Number Title Date

K - Representations, Certifications, and Other Statements of Bidders

52.204-24 DEVIATION REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG

2020)

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 the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212–3, Offeror Representations and Certifications– Commercial Items.

(a) Definitions. As used in this provision –

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representations. 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.

(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)

L - Instructions, Conditions, and Notices to Bidders

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (SEP 2023) (Deviation AUG 2025)

M - Evaluation Factors for Award

52.212-2 Evaluation-Commercial Products and Commercial Services. (NOV 2021) (Deviation AUG 2025)

(a) Evaluation factors. 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 will be used to evaluate offers:

Factor 1: Technical Acceptability The Government will evaluate whether the quoted software licenses and cable supplies meet the requirements identified in the RFQ, including the specified descriptions, part numbers, quantities, license terms, delivery requirements, and support or warranty requirements, as applicable.

To receive an Acceptable rating, the quote shall:

Provide the required Shure ANX4 Incremental Channel Expansion Licenses and UniFi Indoor Cat6A CMP cable identified in the RFQ, including the required descriptions, part numbers, quantities, and units of issue;

Provide new, genuine, valid OEM or publisher-authorized Shure license entitlements;

Provide new, genuine OEM UniFi cable supplies;

Confirm that all quoted items are TAA compliant, as applicable;

Include applicable license documentation, entitlement information, activation information, license or subscription term, support contact information, and warranty information, as applicable;

Meet the delivery requirements stated in the RFQ;

Confirm that the quoted licenses and products are not counterfeit, unauthorized, gray-market, previously used, expired, refurbished, remanufactured, or otherwise invalid unless expressly authorized in writing by the Contracting Officer; and Meet all other material requirements of the RFQ.

Factor 2: Authorized Reseller/Distributor Status The Government will evaluate whether the Quoter has provided sufficient documentation demonstrating authorized reseller or distributor status for both CLIN 0001, Shure ANX4 Incremental Channel Expansion Licenses, and CLIN 0002, UniFi Indoor Cat6A CMP cable.

Acceptable documentation may include a current OEM authorization letter, documentation from an OEM-authorized distributor, a current OEM partner or reseller certification, a screenshot or listing from the applicable OEM partner portal, or other verifiable documentation demonstrating that the Quoter is authorized to sell or distribute the quoted products or license entitlements to the Government.

To receive an Acceptable rating, the Quoter shall provide sufficient documentation showing that it is authorized to provide both quoted CLINs, including the Shure license entitlements and the UniFi cable supplies. The Government reserves the right to verify reseller or distributor authorization directly with the OEM or authorized distributor, as applicable.

A quote that does not provide sufficient proof of authorized reseller or distributor status for both CLINs, if required by the RFQ or requested by the Contracting Officer, may be rated Unacceptable and may be ineligible for award.

Factor 3: Price The Government will evaluate price for quotes determined acceptable under Factor 1, Technical Acceptability, and Factor 2, Authorized Reseller/Distributor Status. The evaluated price will be the total quoted price for all required CLINs, including all applicable discounts, fees, license costs, support costs, delivery costs, shipping costs, and any other charges necessary to provide the required items in accordance with the RFQ.

Price will be evaluated for completeness, balance, and reasonableness. The Government may use price analysis methods permitted by applicable acquisition procedures, including comparison of quotes received, comparison to the Independent Government Cost Estimate, comparison to published commercial pricing, comparison to historical pricing, market research, or other appropriate price analysis techniques. Award will not be made to a Quoter whose price is determined not to be fair and reasonable.

Basis for Award Award will be made on a Lowest Price Technically Acceptable basis to the responsible Quoter whose quote conforms to all RFQ requirements, receives an Acceptable rating for all non-price factors, and offers the lowest evaluated price determined fair and reasonable.

The Government reserves the right to award without discussions. The Government may request clarifications from one or more Quoters, if determined necessary by the Contracting Officer.

(b) Options (if applicable). 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. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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)