32 Ft TPSB Solicitation 70Z04026Q51475B00 (Fully Approved).pdf
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- Attached to
- Overhaul of Coast Guard 32-foot TPSB
- Solicitation number
- 70Z04026Q51475B00
About this file
This solicitation is a combined synopsis and request for proposals for an Indefinite Delivery, Indefinite Quantity (IDIQ) contract, 100% set-aside for 8(a) Small Business concerns, to provide maintenance and overhaul services for the USCG 32' Transportable Port Security Boat (TPSB) and associated trailers utilized by USCG Port Security Units.
The contract will consist of a one-year base period (August 1, 2026 – July 31, 2027) and four one-year option periods extending through July 31, 2031. The North American Industry Classification System (NAICS) code is 811310 with a small business size standard of $12.5 million. The total minimum guarantee is $500.00, to be obligated via a delivery order issued concurrently with base contract award. Delivery is to be identified on individual task orders with F.O.B. Destination inspection and acceptance. The Government will evaluate proposals using a "Highest Technically Rated with Fair and Reasonable Price" approach, considering three evaluation factors: Technical (5-page limit demonstrating understanding of maintenance and overhaul requirements), Past Performance (up to 3 recent and relevant examples, 6 pages maximum, with minimum "Satisfactory" rating required in CPARS), and Price Evaluation (reasonableness compared to the Independent Government Estimate). Questions must be submitted to Kirk.Miller2@uscg.mil no later than May 26, 2026 at 1400 EST. Proposals are due June 8, 2026, submitted via email to Kirk.miller2@uscg.mil and derek.w.lazaroff2@uscg.mil. All proposals must include a cover page with vendor information, technical proposal, completed price schedule, and filled-in provisions. The United States Coast Guard Ombudsman Program for Agency Protests (OPAP) is available for informal and formal protest resolution as an Alternative Dispute Resolution forum.
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Solicitation 70Z04026Q51475B00
NOTICE FOR
FILING AGENCY PROTESTS
United States Coast Guard Ombudsman Program
It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency
Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).
Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the
GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or
Ombudsman.
Informal Forum with the Ombudsman. Interested parties who believe a specific
USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the
Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).
Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the
Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.
Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR
33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the
Contracting Officer.
Election of Forum. After an interested party protests a Coast Guard procurement to the
Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.
https://www.acquisition.gov/?q=browsefar mailto:OPAP@uscg.mil
(i) This is a combined synopsis/solicitation for commercial products prepared in accordance with FAR Part 12 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.
The United States Coast Guard (USCG) is planning to issue an Indefinite Delivery, Indefinite Quantity (IDIQ) Contract that will be 100% Set-Aside for 8(a) Small Business concerns under NAICS 811310 to provide maintenance and overhaul for the USCG 32’
Transportable Port Security Boat (TPSB) and trailer utilized by USCG Port Security
Units (PSU). The contract will consist of a one-year base period and four one-year option periods.
This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.
Estimated Period of Performance:
Base Period CLINs 0001 - 0007 8/1/2026-7/31/2027
Option Period 1 CLINs 1001 - 1007 8/1/2027-7/31/2028
Option Period 2 CLINs 2001 - 2007 8/1/2028-7/31/2029
Option Period 3 CLINs 3001 - 3007 8/1/2029-7/31/2030
Option Period 4 CLINs 4001 - 4007 8/1/2030-7/31/2031
(ii) See attached Schedule for a list of line-item number(s) and items, quantities, and units of measure, for you to complete (including all option periods).
Total Minimum Guarantee Amount: $500.00
This contract will obligate the minimum guarantee of $500.00 via a delivery order that will be issued concurrently with the award of the Base Contract. Note: If the contract is
Terminated for Cause, the minimum guarantee or the remainder of the minimum guarantee shall not be paid to the Contractor as stated above.
Delivery:
To be identified on Individual Task Orders.
Inspection and Acceptance: F.O.B. DESTINATION
See Work Specification Sheet for inspection and acceptance information.
INVOICE PAYMENT INSTRUCTIONS:
Electronic Submission of Payment Requests
(a) Definitions. As used in these instructions -http://www.acquisition.gov/
(1) “Payment request” means a bill, voucher, invoice, or request for contract 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. 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). The contractor will submit payment requests using the blank form in IPP.
(c) Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(d) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.
(iv) Date(s) and place(s) of delivery and acceptance and f.o.b. point (see part 47).
(v) A list of solicitation provisions that apply to the acquisition (see 12.205(a)).
FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting
Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
www.acquisition.gov
(End of provision)
Provisions Incorporated by Reference
FAR 52.203-11 Certification and Disclosure Regarding Payments to (SEP 2024)
Influence Certain Federal Transactions
FAR 52.203-18 Prohibition on Contracting with Entities that Require (JAN 2017)
Certain Internal Confidentiality Agreements or Statements-
Representation
FAR 52.204-7 System for Award Management-Registration (AUG 2025)
(DEVIATION 25-19) (effective 28 November, 2025)
FAR 52.207-6 Solicitation of Offers from Small Business Concerns and (AUG 2024)
Small Business Teaming Arrangements or Joint Ventures http://www.ipp.gov/
(Multiple Award Contracts)
FAR 52.212-1 Instructions to Offerors – Commercial Products and (SEP 2023)
Commercial Services
FAR 52.217-5 Evaluation of Options (SEP 2023)
(DEVIATION 25-36) (effective November 28, 2025)
FAR 52.225-6 Trade Agreements Certificate
FAR 52.212-2 Evaluation-Commercial Products and (NOV 2021)
Commercial Services
EVALUATION FACTORS AND BASIS FOR AWARD:
The Government will utilize the Highest Technically Rated with a Fair and
Reasonable Price approach to determine the awardee for this requirement. With this approach, all proposals are evaluated based on the non-price factors outlined in the solicitation and the Government will select the proposal which provides the highest technically rated solution. The price of the highest technically rated proposal is evaluated to determine if it is fair and reasonable when compared to the
Independent Government Estimate (IGE).
If the highest technically rated offeror’s price is fair and reasonable, that proposal is selected for award. If the price is determined to not fair and reasonable when compared to the IGE, the Government will move on to the next highest technically rated proposal. This process continues until a contract is awarded to the highest technically rated responsible offeror with a fair and reasonable price.
The Government will not consider tradeoffs between cost or price and non-cost or non-price factors.
The following factors shall be used to evaluate offers:
1. TECHNICAL
The offeror’s technical proposal shall be reviewed in accordance with the Work
Specification Sheet (WSS) to make a determination as to the offeror’s understanding of the work being performed. The offeror must demonstrate a thorough understanding of all aspects of the work required and must clearly articulate how they intend to perform every aspect of that work.
Offerors shall demonstrate an understanding of the requirements as described in the specification, and shall include sufficient documentation to provide evidence of that understanding, to include written summary, manufacture specifications, drawings, photos, project schedule, warranty information or any other evidence that will help to substantiate your understanding of the requirement. Technical
Proposal shall be limited to 5 pages in length.
2. PAST PERFORMANCE
The Offeror is encouraged to provide up to 3 examples of past performance that is both Recent (performance completed within the last 5 years) and Relevant, with relevant being the same or similar work that is performed on behalf of the Federal
Government, specifically the United States Coast Guard and/or the United States
Navy, or for a Commercial Customer. Each example of past performance should be limited to 2 pages in length, for a total of not-to-exceed 6 pages.
The Government will also review the offerors past performance record(s) in the
Contractor Performance Assessment Rating System (CPARS). Offerors with past performance in CPARS must have a minimum rating of “Satisfactory” in all applicable rating areas for entries similar in nature, size and complexity. Offerors without past performance in CPARS will receive a “neutral” for past performance evaluation.
Each Offeror’s record in the Federal Awardee Performance and Integrity
Information System (FAPIIS) will be also reviewed prior to award. Award will not be made to any offeror who has any adverse financial information or
Exclusions. Any offeror that has an average or Satisfactory or Neutral Past
Performance Ratings and has no adverse financial information or Exclusions shall be considered acceptable for award.
3. PRICE EVALUATION
The Offeror’s price proposal will be evaluated to determine price reasonableness when compared to the Independent Government Estimate (IGE). The total evaluated price will be calculated by adding the cost of all CLINs. The
Government may enter into discussions if the Government determines that additional information is necessary to assist in making a fair and reasonable price determination.
DHS NOTICE TO OFFERORS
It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible Offeror is obtained as a result of this solicitation, that offeror may be required to submit either Certified Cost or Pricing Data (FAR 5.4003-4) or Data Other Than
Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.
FAR 52.216-1 Type of Contract (APR 1984)
The Government contemplates issuing one Indefinite Delivery Indefinite Quantity
Contract resulting from this solicitation.
FAR 52.219-1 Small Business Program Representations (FEB 2024)
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business
Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS) ( 13 CFR 126.103).
Service-disabled veteran-owned small business (SDVOSB) concern eligible under the
SDVOSB Program means an SDVOSB concern that is designated in the System for
Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
Small disadvantaged business concern means a small business concern that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR
124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(2) The management and daily business operations of which are controlled (as defined at
13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United
States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is 811310.
(2) The small business size standard is $12.5M.
(3) 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 (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) 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.
(c) Representations.(1) The offeror represents as part of its offer that—
(i) it □ is, □ is not a small business concern; or
(ii) It □ is, □ is not a small business joint venture that complies with the requirements of
13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small disadvantage business concern.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB
Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture.
The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]
(5) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror is certified as a SDVOSB concern]. The offeror represents as part of its offer that it □ is, □ is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]
(6) HUBZone joint venture eligible under the HUBZone Program. [Complete only if the offeror is a HUBZone small business concern.] The offeror represents, as part of its offer, that it □ is, □ is not a HUBZone joint venture that complies with the requirements of 13
CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern.
(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and
36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, will be—
(1) Punished by imposition of fine, imprisonment, or both;
(2) Subject to administrative remedies, including suspension and debarment; and
(3) Ineligible for participation in programs conducted under the authority of the Act.
FAR 52.240-90 Security Prohibitions and Exclusions Representations and
Certifications. (DEVIATION 20-05) (NOV 2025)
As prescribed in 40.205(a), insert the following provision: Security Prohibitions and
Exclusions Representations and Certifications (Date) (a) Definitions. As used in this provision-— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240- 91, Security Prohibitions and Exclusions. Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. Marginalized populations of Sudan means— (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C.
1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the
Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of
Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; Attachment 1 FAR Class Deviation
2020-05, Revision 4 FAR Deviation 20-05, Rev 4 Page 2 of 17 (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)). (b) Procedures. (1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.” (2) FASCSA Orders. (i) The Offeror shall search in SAM for the phrase
“FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions. (ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)). (iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation. (c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry
(that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)— (1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument Attachment 1 FAR Class Deviation 2020-05, Revision 4
FAR Deviation 20-05, Rev 4 Page 3 of 17 resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and (2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g). (d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit. (e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted business operations in Sudan. (f) Iran Representation and Certifications. (1)
Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50
U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to
Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $10,000 with
Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Attachment 1
FAR Class Deviation 2020-05, Revision 4 FAR Deviation 20-05, Rev 4 Page 4 of 17
Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) (2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if— (i) This solicitation includes a trade agreements notice or certification (e.g., 52.225- 6, Trade Agreements Certificate); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. (iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (g) Disclosure. (1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or
(d), then the Offeror shall disclose to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant: (i) Contract number and order number, if applicable; (ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders; (iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and
Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor
(provide manufacturer codes and distributor codes used for the product)); (v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service; (vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver
(if the offeror would like the Government to consider a waiver); (vii) Whether alternative products or services are available that would be compliant with the prohibition;
Attachment 1 FAR Class Deviation 2020-05, Revision 4 FAR Deviation 20-05, Rev 4
Page 5 of 17 (viii) If the product or service is related to item maintenance, include the following information on the item being maintained: (A) Brand; (B) Model number, OEM number, manufacturer part number, or wholesaler number; and (C) Item description, as applicable. (ix) Any readily available information about mitigation actions undertaken or recommended. (2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows: (i) In the event the
Contractor identifies covered article provided to the Government 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, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center
(SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the
Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting Officer. (3)
If the disclosure provided does not contain any of the information required by paragraph
(1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information. (h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.
FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov
(End of clause)
Clauses Incorporated by Reference
FAR 52.212-1 Instructions to Offerors-Commercial Products (SEP 2023) and Commercial Services
FAR 52.212-4 Contract Terms and Conditions-Commercial (NOV 2023)
Products and Commercial Services
FAR 52.203-19 Prohibition on Requiring Certain Internal
Confidentiality Agreement or Statements (JAN 2017)
FAR 52.204-10 Reporting Executive Compensation and First-Tier (AUG 2025)
Subcontract Awards
(DEVIATION 25-19) (effective November 28, 2025)
FAR 52.204-13 System for Award Management Maintenance (AUG 2025)
(DEVIATION 25-19) (effective November 28, 2025)
FAR 52.204-19 Incorporation by Reference of Representations (DEC 2014) and Certifications
FAR 52.209-6 Protecting the Government’s Interest When (JAN 2025)
Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or
Voluntarily Excluded
FAR 52.222-19 Child Labor-Cooperation with Authorities (OCT 2025)
And Remedies
(DEVIATION 26-10) (effective 03-NOV-2025)
FAR 52.222-35 Equal Opportunity for Veterans (OCT 2025)
(DEVIATION 26-10) (effective November 3, 2025)
FAR 52.222-36 Equal Opportunity for Workers with Disabilities (OCT 2025)
(DEVIATION 26-10) (effective November 3, 2025)
FAR 52.222-37 Employment Reports on Veterans (OCT 2025)
(DEVIATION 26-10) (effective November 3, 2025)
FAR 52.222-50 Combating Trafficking in Persons (NOV 2021)
FAR 52.225-18 Place of Manufacture (AUG 2018)
FAR 52.203-17 Contractor Employee Whistleblower Rights (April 2024) (DHS-
USCG DEVIATION 14- 01, Revision 1)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland
Security Acquisition Regulation (HSAR) 3.900 (DEVIATION) through 3.905
(DEVIATION).
(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. 4701, as described in HSAR 3.900 (DEVIATION) through 3.905
(DEVIATION). (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.
FAR 52.216-18 Ordering (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the
Schedule. Such orders may be issued from 8/01/26 through 07/31/31.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the
Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
FAR 52.216-19 Order Limitations (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $500,000.00.
(2) Any order for a combination of items in excess of $500,000.00; or
(3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection
52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
FAR 52.216-22 Indefinite Quantity (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the
"minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the
Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.
The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 July 2031.
FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the
Contractor within 1 day from the end of the Option Period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
FAR 52.219-28 Postaward Small Business Program Rerepresentation (Jan 2025)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within
30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry
Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the
Contractor waived the price evaluation preference; or
(3) Was 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.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award
Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the
Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS
Code _____ assigned to contract number _____.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB
Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture.
The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of
13 CFR 128.402. [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____. ] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a
HUBZone concern. [ Contractor to sign and date and insert authorized signer's name and title.______________________ ]
FAR 52.240-91 Security Prohibitions and Exclusions (Deviation Date)
American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section
1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
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 application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32
CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
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).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition
Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-
1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of
FASCSA order may be referred…
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