70Z02326RBAAGLCOE BROAD AGENCY ANNOUNCEMENT_FY26.pdf

BROAD AGENCY ANNOUNCEMENT (BAA)

BAA NUMBER: 70Z02326RBAAGLCOE

Freshwater Oil Spill Preparedness, Response, and Science Research

United States Coast Guard (USCG)

Great Lakes Oil Spill Center of Expertise (GLCOE)

I. INTRODUCTION

This announcement is being made to support the United States Coast Guard (USCG) Great Lakes Oil Spill Center of Expertise to open a Broad Agency Announcement (BAA) 70Z02326RBAAGLCOE and will be funded with FY 2026 funds. This document supports a BAA as contemplated under Federal Acquisition Regulation (FAR) 35.016(d) and (e). Contracts and/or Agreements based on responses to this BAA are the result of full and open competition and in full compliance with the provisions of Public Law (PL) 98-369, “The Competition in Contracting Act of 1984.”

This announcement constitutes a solicitation. This BAA is gathering interest for proposal and white papers and this announcement does not commit the Government to any contractual agreements or arrangements.

No entitlement or payment of direct or indirect costs or charges by the USCG will arise because of submission of responses to this announcement and USCG use of such information.

USCG reserves the right to select for award and fund all, some, or none of the submissions received in response to this BAA. USCG will not provide funding or reimbursement for proposal development costs. Full submissions or any other material submitted in response to this BAA will not be returned. All submissions shall be unclassified.

USCG reserves the right to use this announcement and responses received as part of market research efforts and may appropriately use other FAR parts to procure services.

II. GENERAL INFORMATION

a. Agency Name: United States Coast Guard (USCG)

b. Research Opportunity Title: Freshwater Oil Spill Preparedness, Response, and

Science Research Closed Proposal

c. Program Name: Great Lakes Oil Spill Center of Expertise (GLCOE)

d. Research Opportunity Number: 70Z02326RBAAGLCOE

e. NAICS Code: The NAICS Code for this acquisition is 541715 for Research and

Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology).

f. BAA Type: Closed One-Step Announcement

g. Response Date:

i. Technical Proposals and questions regarding the Technical Proposal submissions must be submitted at the below noted deadlines.

ii. There are three (3) Technical Proposal submission related cut-off dates:

1. If there are questions in response to this BAA, they are due by 12:00 pm

EST on February 28, 2025. Send questions to SMB- GreatLakesCOE@uscg.mil and Jesse.L.Womack@uscg.mil and Kenechukwu.A.Anakor@uscg.mil.

JLWomack Highlight

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2. If questions are asked, answers will be provided via an amendment to the BAA posted on SAM.gov. Answers will be posted by March 7, 2025.

3. The deadline for submitting Technical Proposals is March 31, 2025, at 12:00 pm EST. Send Technical Proposals via email to SMB- GreatLakesCOE@uscg.mil and Jesse.L.Womack@uscg.mil.

h. Eligible Offerors: This BAA is open to all responsible sources in accordance with FAR 2.101, which states, “Responsible prospective contractor means a contractor that meets the standards in 9.104.”

III. RESEARCH OPPORTUNITY DESCRIPTION

a. Background:

i. The Great Lakes region, under the jurisdiction of the 9th Coast Guard District, is a uniquely challenging environment for oil-spill preparedness and response.

With the environmental and economic importance of the Great Lakes region, Congress mandated that the U.S. Coast Guard must establish the Great Lakes Oil Spill Center of Expertise (GLCOE).

ii. Oil spills threaten the water quality and ecosystems of the Great Lakes. Vessels, pipelines, rail, and nearshore facilities cause most of the spills in the region.

Although most spills on the lakes are less than 10 gallons, the oil cannot always be eliminated quickly and completely enough to avoid impairment of natural ecosystems, drinking water, and particular industries, such as commercial fishing. Moreover, although technologies exist to mitigate damage from oil spills, most of these have been developed for saltwater environments; less progress has been made on improving methods of containment and removal in freshwater and ice conditions, which differ in density, water-circulation patterns, and ecosystems from those found in saltwater.

iii. The GLCOE’s purpose is to operationalize innovative ideas that improve freshwater and ice affected water oil spill responses. The GLCOE is an independent, non-operational body with a legislative mandate to conduct research in the domain of oil spill response.

b. History:

i. In 2018, Congress required that the Coast Guard prepare “assessment results regarding the effectiveness of oil spill response activities specific to the Great Lakes”. That report, which the Coast Guard delivered to Congress in November 2018, informed Section 807 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Pub. L. 115-282). The act directed the establishment of the Great Lakes Oil Spill Center of Expertise. Below highlights many of the significant events in the development and establishment of the GLCOE:

1. 2016 – Congress required Coast Guard to prepare an oil spill response assessment in the Great Lakes.

2. 2018 – The report from the Coast Guard to Congress informed Section 807 of the Coast Guard Authorization Act of 2018, directing the establishment of GLCOE.

3. 2018 – Senator Gary Peters (Michigan) secured $4.5M for the Great Lakes Center of Expertise initiative.

4. 2020 – Homeland Security Operational Analysis Center made recommendations for short/long-term progress and logistics, including staffing positions, partnerships, and site locations.

5. 2023 – Released first Broad Agency Announcement.

c. Functional Mandate:

i. Monitor and assess, on an ongoing basis, the current state of knowledge regarding freshwater oil response technologies and the behavior and effects of oil spills in the Great Lakes.

ii. Identify any specific gaps in the Great Lakes Oil spill research, including as assessment of major scientific or technological deficiencies in responses to past spills in the Great Lakes and other freshwater bodies, and seek to fill those gaps.

iii. Conduct research, development, testing, and evaluation for freshwater oil spill response equipment, technologies, and techniques to mitigate and respond to oil spills in the Great Lakes.

iv. Educate and train Federal, State, and Local first responders in Coast Guard District 9 in –

1. The incident command system structure

2. Great Lakes oil spill response techniques and strategies, and

3. Public affairs

v. Work with academic and private sector response training response centers to develop and standardize oil spill response training and techniques for use in the Great Lakes.

d. Research Topics: For FY 2026, the GLCOE is interested in funding proposal(s) for projects related to the following theme(s):

i. Theme 1: Freshwater Oil Spill Preparedness

1. Detection of submerged oil (non-floating or weathered)

2. In situ oil sensors

3. Oil spill surveillance

4. Other Freshwater Oil Spill Preparedness topics

ii. Theme 2: Freshwater Oil Spill Response

1. Uncrewed aerial systems and sensors

2. Uncrewed underwater systems and sensors

3. Cold Weather Response / Spill Response Safety

4. Response Equipment Innovation / Novel Technologies

5. Physical Recovery of Oil

6. Other Freshwater Oil Spill Response topics

iii. Theme 3: Alternative Response Measures’ Application in Freshwater

1. Shoreline cleaner

2. In situ burning

3. Bioremediation

4. Other Alternative Response Measure Applications in Freshwater topics

iv. Theme 4: Fundamental Freshwater Oil Spill Science and Response Technology Research

1. Oil physiochemistry and freshwater data gaps

2. Fundamentals of oil sensing

3. Response ramifications

4. Fate, Behavior and Transport of Oil in the Environment

5. Other Fundamental Freshwater Oil Spill Science and Response

Technology Research topics

e. Specific Tasks:

i. Technical Task Management:

1. The contractor shall identify a Principal Investigator to manage the technical task effort, which will be considered a Key Personnel position.

The Principal Investigator shall be responsible for ensuring proper technical task program planning and control, timely problem identification and resolution, and adequate technical and programmatic interaction with the Government Program Manager. The Principal Investigator shall plan, organize, and manage resources necessary to accomplish the technical task and shall promote strong management, communications, and coordination with any subcontractors and/or associate contractors involved in the technical task. The Principal Investigator shall be responsible for ensuring a timely contractor response to all Government Program Manager information requests.

ii. Project Schedule:

1. The project schedule represents the offeror’s commitment to perform the project tasks in an orderly, timely manner. On individual contracts, the contractor shall specify specific days after contract start in the project schedule using a timeline chart showing all major tasks and subtasks, milestones, decision gates, reviews, technical interchange meetings, demonstrations, tests, product deliveries, and overall period of performance.

iii. Meetings:

1. Kickoff Meeting: To be held within fourteen (14) days after award.

2. Development Tasks: These tasks will be documented in the draft and final Project Management Plan.

3. Progress Meetings: Via telephone or videoconference, a progress meeting shall take place each month, and a quarterly meeting may be requested for a status update.

4. Annual Collaborative: Via in-person (located in Sault Ste. Marie, MI or Ann Arbor, MI), an annual meeting (tentative June 2026) must take place with all GLCOE collaborators.

5. Deliverable: Meeting Minutes from Kickoff and Monthly Progress Meetings.

6. Deliverables: Additional deliverables may be requested based on Technical Proposal.

7. Monthly Progress Report and Archive: The offeror shall prepare a Monthly Progress/Expenditure Report, and at the end of the period of performance, shall provide an archive containing all submitted deliverables.

iv. Exit Criteria and Deliverables:

1. Period of Performance: Each individual contract will be one (1) year from the date of award, unless otherwise negotiated.

2. Documentation: The contractor shall provide all documentation necessary for efficient project planning and control.

3. Deliverables: All contracts will result in the minimum of a Final Report.

Other deliverables may be required based on Technical Proposal.

4. Acceptance Criteria: Government acceptance criteria for each deliverable, product or tangible result shall be specified on individual contracts.

IV. AWARD INFORMATION

a. BAA Type: Closed One-Step Announcement

i. FUNDING: USCG/GLCOE has funding available for awards under this announcement. The Government reserves the right to select all, part, or none of the Technical Proposals received, subject to the availability of funds. All potential offerors should be aware that due to unanticipated budget fluctuations, funding in any or all areas may change with little or no notice.

ii. FORM: Awards resulting from this announcement will generally take the form of a contract, although the government reserves the right to use the type of contractual instrument deemed most appropriate for the proposed work. Awards under this BAA are expected to be primarily Firm Fixed Price (FFP) contracts, but the Government reserves the right to pursue other contract types, including, but not limited to, Time and Materials, and/or Labor Hour contracts.

1. This is a full and open acquisition. Small businesses (less than 1000 employees) are encouraged to propose on all or any part of this acquisition. Technical Proposals shall be submitted and evaluated in accordance with this announcement.

iii. COST SHARING OR MATCHING: Cost sharing is not a requirement. The leveraging of funds is encouraged, but not required. Offerors are encouraged to disclose leveraged resources in their Technical Proposal.

iv. DATA RIGHTS: The offeror shall include a summary of any proprietary rights to pre-existing data related to techniques, prototypes, or systems supporting and/or necessary for the use of the research, results, and/or prototype. Any rights assertions made in other parts of the proposal that would impact the rights in this section shall be cross-referenced. If there are proprietary rights, the offeror shall explain how these rights will impact the USCG’s ability to demonstrate the delivered prototype for the removal or mitigation of released oil and publish the science and results. Additionally, offerors shall explain how the program goals of the USCG’s response to removing or mitigating the impacts of released oil on the surrounding environment and manmade structures are achievable considering these proprietary and/or restrictive limitations.

Offerors asserting Data Rights shall do so in accordance with the clause in FAR 52.227-15, “Representation of Limited Rights Data and Restricted Computer Software.” The Government anticipates incorporating FAR Clauses 52.227-14, Rights in Data – General (MAY 2014) Alternates II, III, IV and V. If there are no claims of proprietary rights in pre-existing data, this section shall consist of a statement to that effect. Depending on the terms and conditions of the expected contract(s), the above-mentioned data rights clauses may need to be negotiated before award.

b. Eligibility Information:

i. All qualified offerors who meet the requirements of this BAA may submit

Technical Proposals.

ii. Foreign participation: Foreign Disclosure Review will be accomplished on each full proposal selected for funding; foreign participation may not be allowed.

iii. Notice to Foreign-Owned Firms: Such firms are asked to immediately notify the

Contracting Officer before deciding to respond to this announcement. Foreign contractors should be aware that restrictions might apply which could preclude their participation in this acquisition.

iv. Offerors cannot submit more than one (1) Technical Proposal per theme.

v. You may be ineligible for award if all requirements of this announcement are not met on the Technical Proposal.

c. Technical Proposal Submission: Separate Technical Proposals are required for each separate theme the offeror is pursuing. Each Technical Proposal must stand on its own merit. The GLCOE will use only information provided in a Technical Proposal in the evaluation process potentially leading to a full proposal request. All Technical Proposals submitted under this BAA should be UNCLASSIFIED.

i. EXTRANEOUS INFORMATION: Information not explicitly requested in this announcement is not desired by the government and shall not be submitted. The government will only read and evaluate the Technical Proposal up to the stated page limit. Pages exceeding the page limitation will not be evaluated.

ii. FORMATTING:

1. Paper Size – 8.5-inch x 11 inch

2. Margins – one-inch on each side

3. Font – Times New Roman 12-point font, to include tables, figures, diagrams, and charts. Any other information (e.g., footnotes, or headers, restrictive markings) shall not be smaller than Times New Roman 8-point font.

4. Page Limit – Total number of pages shall not exceed 18 pages.

5. Technical Proposals shall be submitted in either Microsoft Word or

Adobe PDF. Additionally, documents should be sent without password protections.

iii. RESTRICTIVE MARKING: If the offeror wishes to restrict their Technical Proposals, they must be marked with the restrictive language stated in FAR 52.215-1(e).

iv. INSTRUCTIONS FOR TECHNICAL PROPOSAL COMPOSITION:

1. COVER PAGE. Submit in the format of the template provided as

Attachment 1. Page limit is one (1) page.

2. BACKGROUND/CONTEXT. The background and context should convey the essential facts and information to include:

a. State of the science: Provide a brief summary of the current state of knowledge and define the relationship to the proposed work.

b. Relevance of the research to the BAA theme(s): Provide a brief summary on the applicability of the proposed project and the selected BAA theme(s).

c. Operational relevance: Provide one sentence describing how the proposed project may advance oil spill response operations.

d. Other funding: Disclose any funds related to the proposal the offeror has been awarded, has applied for, or expects to apply for.

3. PROBLEM STATEMENT/PROJECT GOALS. The problem statement should summarize the main issue that the proposed project will address.

The project goals should outline the distinct tasks and milestones to address the main issue of the proposed project.

4. TECHNICAL APPROACH. The technical approach section should address the method of how the proposed project will be executed, including:

a. Personnel, identify the key personnel involved in the project, their roles, and time commitment to the proposed project.

b. Metrics, outline how progress will be measured throughout the project.

c. Approach, provide technical/experimental/statistical designs and methods that will be used to accomplish distinct tasks and milestones.

d. Facilities, if applicable, describe facilities that will be utilized for the proposed project.

5. RESEARCH SCHEDULE. Provide a tentative research schedule and timeline of the distinct tasks and milestones, including the task dependencies, time dependencies, and potential contingency plans. The schedule should include an additional three (3) months after the end of technical performance to provide for preparation, submission, review by GLCOE, and acceptance of the final report/deliverables.

6. DELIVERABLES. The deliverables section must define and describe the specific deliverables that will be produced during/after the duration of the proposed project. Explain how the specific deliverables will advance the mission of the GLCOE and the BAA theme(s).

7. DETAILED COST PROPOSAL. The detailed cost proposal explains how much money the offeror is requesting to complete the project. The cost proposal section should provide a justification for supporting the numbers provided for each budgeted category. For a collaborative proposal submitted by multiple organizations, each organization must include a separate budget justification. The detailed cost proposal must include the following applicable cost categories and must not exceed the Simplified Acquisition Threshold of $250,000:

a. Direct costs including,

b. Salaries and wages: Specifically outline the detailed cost for personnel including names/position, estimated number of full-time-equivalent (based on 40-hour work week) for which funding is requested, and that total amount of salaries requested.

c. Fringe benefits,

d. Equipment,

e. Materials and supplies,

f. External research test facility fee (when different than indirect cost fee),

g. Domestic and foreign travel, (include an estimate of one (1) person attending the Annual Collaborative for both Sault Ste.

Marie and Ann Arbor),

h. Subawards,

i. Other direct costs,

j. Indirect costs,

k. Contracting Agreement Fee.

8. REFERENCES/CITATIONS: References/citations are highly encouraged, but not required.

d. Price Proposal:

The price proposal must be completed separately from the technical proposal. The price proposal shall be submitted on the assigned excel spreadsheet provided with the announcement as an attachment. The price proposal shall only be submitted to the Contracting Officer Jesse.L.Womack@uscg.mil and carbon copy Kenechukwu.A.Anakor@uscg.mil.

e. Handling and E-mailing Instructions:

i. All Technical Proposal Questions and Technical Proposal Submissions shall be sent electronically to the following email addresses:

1. They must be electronically submitted to the BAA Point of Contact

(POC) at SMB-GreatLakesCOE@uscg.mil and mailto:Jesse.L.Womack@uscg.mil

Jesse.L.Womack@uscg.mil with an email subject line referencing the BAA number, title, and company name as follows: “GLCOE

TECHNICAL PROPOSAL QUESTIONS 70Z02326RBAAGLCOE

[offeror name]” or “GLCOE TECHNICAL PROPOSAL SUBMISSION 70Z02326RBAAGLCOE [offeror name]”.

f. Technical Proposal Review and Selection Information:

i. The evaluation team will independently evaluate each Technical Proposal submitted for selection or non-selection based on a peer or scientific review process in accordance with FAR 35.016(d) and (e).

ii. Technical Proposals will be evaluated through a peer or scientific review process using the following criteria, stated in descending order of importance:

1. Importance to GLCOE functional mandate and to 70Z02326RBAAGLCOE research themes

2. Scientific and technical merit

3. Funds availability

4. Cost realism and reasonableness

iii. Technical Proposals submitted will be evaluated as they are received.

iv. Submitting organizations whose Technical Proposals are not selected for submission of a proposal will be notified via email.

v. AWARD NOTICES: Offerors will be notified in writing whether their proposal is recommended for award. An award recommendation is not to be construed to mean the award of a contract is assured as availability of funds and successful negotiations are prerequisites to any award. This announcement is not an authorization to commence work or to incur any costs to perform the tasks described above. If funds become available after the Notice of Unsuccessful Offerors has been delivered, the Government may on-ramp additional Technical Proposals that were submitted under 70Z02326RBAAGLCOE.

PROVISIONS and CLAUSES

1.0. Contract Line Items (CLINs) and Contract Type by CLIN

CLIN Item/Service Description Total Amount

0001 Sample Readings Cost

0002 Direct Labor

0003 Incidental Material/Other Direct Cost

0004 Travel Cost

0005 Indirect Cost

3.0 Description of Services

See Attached PWS

4.0 Delivery and Performance Information

See Attached PWS

5.0 Labor Categories and Descriptions

All personnel providing support shall have the experience as applicable.

6.0 USCG Invoicing Instructions

In addition to 52.212-4(g):

(a) A request for payment is proper if it includes the items required by the clause at FAR 52.232- 25, Prompt Payment [(a)(3)(i) through (a)(3)(ix)] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and shall be returned to the contractor with a statement of the reason(s) it is not proper.

WHEN TO SUBMIT: The contractor must first:

(1) Receive a fully executed purchase order, contract, delivery order or task order

(2) Provide the requirements (products and/or services), and

(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov

(4) Electronic Submission of Payment Requests

(5) Submission of invoices can be monthly, quarterly or semiannually as the work is being performed for the month, quarter or semi-annual time frame.

Definitions. As used in these instructions - (1) "Payment request" means a bill, voucher, invoice, or request for contract/order financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract/order. In addition, discount offerings and small business status if available shall be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 shall be provided.

(b) The contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

https://www.sam.gov/ http://www.ipp.gov/

(c) Supporting documentation and a copy of the invoice shall also be e-mailed to the Contracting Officer Representative and Contracting Officer at the following:

1. Contracting Officer Representative – CDR William Spoon

2. Contracting Officer – Mr. Jesse L. Womack

3. Contract Specialist - TBD

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER

INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

Name: _ CDR William Spoon or Jesse L. Womack

Title: Contracting Officer Representative Contract Officer

Address: _ U.S. Coast Guard Headquarters, Washington DC 2703 Martin Luther King Jr Ave SE 20593

Telephone No.: _ 410-215-8593 /206-815-1084

7.0 Solicitation Provisions and Clauses

All Applicable and Required provisions/clauses set forth GSA contract shall automatically flow down to all task orders, based on their specific contract type (e.g. cost, fixed price, etc.), statement of work, competition requirements, commercial or not commercial, and dollar value as of the date the task order solicitation is issued. Representation and Certification Provisions from the master contracts automatically flow down to all task orders.

7.1. Federal Acquisition Regulation (FAR), Homeland Security Acquisition (HSAR) Clauses and Applicable Terms and Conditions:

Federal Acquisition Regulation (FAR) FAR Clauses by Reference

FAR Clause No.

Title and Date

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

52.212-4 Contract Terms and Conditions - Commercial Items (Nov 2023)

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

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

FAR Clauses Incorporated by Full Text

52.203-17 -- Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Nov 2023) (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L.

112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph ( c ), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.212-1 – Instructions to Offerors-Commercial Products and Commercial Services

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;

(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.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items 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

(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.

(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 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.

https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

(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 specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

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

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

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

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

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

or

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

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

(j) Unique entity identifier.(Applies to all 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 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.

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(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 clause)

52.212-4 - CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

(DEVIATION 2017-1) (Nov 2023)

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (JAN 2025) As prescribed in 12.301(b)(4), insert the following clause:

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

_x_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

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

_x_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L.

115–390, title II).

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

_x_ (12) 52.209-6, 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).

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

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] __ (18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

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

__ (19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637__ (21)

(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22)

(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

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

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

__ (26)

(i) 52.219-28, Post award Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

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

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

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

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

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

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

__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126) __ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34)

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

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

__ (35)

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

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

__ (36)

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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