A28 15DDHQ26Q00000027.pdf

DRUG ENFORCEMENT

ADMINISTRATON

15DDHQ26Q00000027

Managed Attribution System

(Chameleon)

TABLE OF CONTENTS

Description

SF 1449 Solicitation/Contract/Order for Commercial Items

Section 1: Solicitation Notice

Section 2: Schedule of Supplies or Services

Section 3: Performance Work Statement (PWS)

Section 4: Contract Administration

Section 5: Solicitation Provisions & Clauses

Section 6: Instruction to Offerors

Section 7: Evaluation and Basis for Award

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

D-25-OD-0027

PAGE 1 OF

5. SOLICITATION NUMBER

15DDHQ26Q00000027

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/02/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Ameka Ali ameka.ali@dea.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

07/31/2026 11:00 ET

CODE 15DDHQ

DEA

Attn: Office of Acquisition (FA)

8701 Morrissette Drive

Springfield, VA 22152-1080

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

518210

SIZE STANDARD:

$40.0 MIL

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15DD0DCODE15. DELIVER TO

DEA

Attn: Office of Diversion Control (OD) 8701 Morrissette Drive Springfield, VA 22152-1080

TBD

CODE 15DDHQ16. ADMINISTERED BY

DEA Headquarters 600/700 Army-Navy Dr, Lincoln Pl Arlington, VA 22202-4207

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

D-HQCODE18a. PAYMENT WILL BE MADE BY

DEA

Attn: Cyber Support Section (ODV) Invoice.Cyber.Support.HQ@dea.gov Springfield, VA 22152

Justice Parker

(O) 571-776-3526 justice.i.parker@dea.gov

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This is Request for Quote (RFQ) for an internet-based investigative tool. This solicitation is issued in accordance with Federal Acquisition Regulation (FAR) Subpart 8.4 and General Services Acquisition Manual/Regulation (GSAM/R) Subpart 538.71.

FFP

Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Ali, Ameka

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

Base Period: 09/14/2026 - 09/13/2027

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Annual License Concurrent Subscriber

PSC: DB10

Base Period

Quantity: 200.000000

Delivery Address: DEA Attn: Office of Diversion Control (OD) 8701 Morrissette Drive Springfield, VA 22152-1080

TBD

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Annual Administrator Logging/Audit License

PSC: DB10

Base Period

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Video and Social Media Platform

PSC: DB10

Base Period

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 Dedicated Infrastructure Maintenance

PSC: DB10

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 Storage Solution

PSC: DB10

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 Annual Tier 1 Light Geosite Access (CONUS)

PSC: DB10

Base Period

24 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 Annual Tier 1 Light Geosite Access (OCONUS)

PSC: DB10

Base Period

4 EA

15DDHQ26Q00000027

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 Annual Tier 2 Light Geosite Access (OCONUS)

PSC: DB10

Base Period

3 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 Annual Tier 3 Light Geosite Access (OCONUS)

PSC: DB10

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 Dedicated Product Support - 1 FTE

PSC: DB10

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 Dedicated Product Support – 1 FTE

PSC: DB10

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 Product Customization - .5 FTE

PSC: DB10

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 Training

PSC: DB10

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 Optional Quantities

PSC: DB10

Base Period

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 Other Direct Costs *Not To Exceed*

1 EA $________ $_________________

Base Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 Installation

PSC: DB10

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 Travel *Not To Exceed*

PSC: DB10

Base Period

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 Switchboard SE Annual Subscription Service

PSC: DB10

Base Period

18 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 Switchboard SE Appliance Set

PSC: DB10

Base Period

8 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 Mobile Device Emulator

PSC: DB10

Base Period

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Annual License Concurrent Subscriber

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 Annual Administrator Logging/Audit License

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 Video and Social Media Platform

PSC: DB10

Unexercised Option

200 EA $________ $_________________

1004 Dedicated Infrastructure Maintenance

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1005 Storage Solution

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1006 Annual Tier 1 Light Geosite Access (CONUS)

PSC: DB10

Unexercised Option

24 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1007 Annual Tier 1 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

4 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1008 Annual Tier 2 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

3 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1009 Annual Tier 3 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1010 Dedicated Product Support - .5 FTE

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1011 Dedicated Product Support – .5 FTE

PSC: DB10

Unexercised Option

1 EA $________ $_________________

1012 Training 1 EA $________ $_________________

Unexercised Option

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1013 Optional Quantities

PSC: DB10

Unexercised Option

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1014 Other Direct Costs *Not To Exceed*

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1015 Installation

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1016 Travel *Not To Exceed*

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1017 Switchboard SE Annual Subscription Service

PSC: DB10

Unexercised Option

18 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1018 Switchboard SE Appliance Set

PSC: DB10

Unexercised Option

8 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1019 Mobile Device Emulator

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Annual License Concurrent Subscriber

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Annual Administrator Logging/Audit License

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 Video and Social Media Platform

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2004 Dedicated Infrastructure Maintenance

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2005 Storage Solution

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2006 Annual Tier 1 Light Geosite Access (CONUS)

PSC: DB10

Unexercised Option

24 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2007 Annual Tier 1 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

4 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2008 Annual Tier 2 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

3 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2009 Annual Tier 3 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

2010 Dedicated Product Support - .5 FTE

Unexercised Option

1 EA

15DDHQ26Q00000027

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2011 Dedicated Product Support – 1 FTE

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2012 Training

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2013 Optional Quantities

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2014 Other Direct Costs *Not To Exceed*

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2015 Installation

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2016 Travel *Not To Exceed*

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2017 Switchboard SE Annual Subscription Service

PSC: DB10

Unexercised Option

18 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2018 Switchboard SE Appliance Set

8 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2019 Mobile Device Emulator

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Annual License Concurrent Subscriber

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Annual Administrator Logging/Audit License

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 Video and Social Media Platform

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3004 Dedicated Infrastructure Maintenance

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3005 Storage Solution

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3006 Annual Tier 1 Light Geosite Access (CONUS)

PSC: DB10

Unexercised Option

24 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3007 Annual Tier 1 Light Geosite Access (OCONUS)

PSC: DB10

4 EA $________ $_________________

3008 Annual Tier 2 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

3 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3009 Annual Tier 3 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3010 Dedicated Product Support - .5 FTE

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3011 Dedicated Product Support – 1 FTE

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3012 Training

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3013 Optional Quantities

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3014 Other Direct Costs *Not To Exceed*

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3015 Installation

PSC: DB10

Unexercised Option

3016 Travel *Not To Exceed*

PSC: DB10

Unexercised Option

1 EA

15DDHQ26Q00000027

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3017 Switchboard SE Annual Subscription Service

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3018 Switchboard SE Appliance Set

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3019 Mobile Device Emulator

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Annual License Concurrent Subscriber

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Annual Administrator Logging/Audit License

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 Video and Social Media Platform

PSC: DB10

Unexercised Option

200 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4004 Dedicated Infrastructure Maintenance

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4005 Storage Solution

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4006 Annual Tier 1 Light Geosite Access (CONUS)

PSC: DB10

Unexercised Option

24 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4007 Annual Tier 1 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

4 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4008 Annual Tier 2 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

3 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4009 Annual Tier 3 Light Geosite Access (OCONUS)

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4010 Dedicated Product Support - .5 FTE

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4011 Dedicated Product Support – 1 FTE

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4012 Training

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4013 Optional Quantities

PSC: DB10

4014 Other Direct Costs *Not To Exceed*

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4015 Installation

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4016 Travel *Not To Exceed*

PSC: DB10

Unexercised Option

1 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4017 Switchboard SE Annual Subscription Service

PSC: DB10

Unexercised Option

18 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4018 Switchboard SE Appliance Set

PSC: DB10

Unexercised Option

8 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4019 Mobile Device Emulator

PSC: DB10

SECTION 1 SOLICITATION NOTICE

1.1 NAICS Code and Size Standard: The principal nature of the requirements described in this solicitation in consistent with supplies and services performed by industries in the 518210 Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services with a size standard of $47,000,000.00.

1.2 PSC Code: The supplies and services in this solicitation are best represented by

PSC Code DB10 IT and Telecom – Compute as a Service: Mainframe/Servers

1.3 Types of Services: The requirement procures a FedRAMP authorized, cloud-hosted Managed Attribution System providing zero-footprint undercover browsing, global geographic IP network routing (Geosites), secure investigative data storage, and integrated technical training support

1.3.1 Security Requirement: Personnel access security level is Sensitive but Unclassified

1.3.2 [X] Commercial [] Non-commercial

1.3.3 Travel Pricing: Travel may be required to support this requirement. Pricing will be based upon the Federal Travel Regulation (FTR).

[End of Section]

SECTION 2 SCHEDULE OF SUPPLIES OR SERVICES

2.0 ITEMS TO BE ACQUIRED

The contractor shall furnish the necessary materials, services, facilities and other items necessary for or incidental to the provision of the work described in the Performance Work Statement. All services procured under this order shall conform to GSA MAS 518210C

2.1 MAXIMUM VALUE AND MINIMUM GUARANTEED

The maximum value for this contract is the sum of Contract Line Items (CLIN) 0001 for the Base Ordering Period and (CLIN) 1001- 4001, the remaining four (4) ordering periods. The guaranteed minimum under this contract is the amount of the first task order issued in the Base Period.

2.2 TASK ORDERS

The Government will pay the Firm Fixed Price that are in effect on the effective date of the delivery order, even if the task order is later modified for any reason and/or performance under the delivery order crosses into another performance period or fiscal year.

[End of Section]

Drug Enforcement Administration Performance Work Statement (PWS)

Managed Attribution System Cyber Support Section

PURPOSE

The Drug Enforcement Administration (DEA) Cyber Support Section (ODV) would like to continue to modernize and streamline DEA’s Internet-based investigative resources with an integrated managed attribution and evidence collection system. Deployment of these capabilities, across the entire DEA, will equip agents and analysts with standardized technical tools necessary to safely and effectively conduct online research and collect and preserve evidence.

BACKGROUND

Conducting Internet-based investigations and research browsing has multiplied over the past several years. With the advent of Drug Trafficking Organizations (DTOs) relying heavily upon Internet-based applications and Dark Web sites to facilitate their criminal enterprise, it is anticipated that in the future, electronic communications will be the preferred and exclusive means of communication. The threat landscape described creates opportunities for law enforcement to exploit illicit Dark Web market sites utilized by DTOs and dismantle their operations.

SCOPE OF WORK

Two critical needs have been identified in the field’s ability to safely exploit these forms of communications: managed attribution and integrated evidence collection. The vendor shall provide masked/backstopped IP addresses and browser attributes to obscure identity and prevent activity tracing. Each user will have the option for persistent and non-persistent mode. Within persistent mode the cookies, collected evidence, and browsing history are retained (with full-page and source code capture, timestamps and forensic hashing capabilities) through multiple sessions. Non-persistent mode sessions will start with a new instance of the virtual system. Any data or configuration changes made during the session are discarded once they system is shut down. Any malware encountered during a mission is contained within the secure operation environment (SOE), preventing contagion across agency networks. The procured system is required to be flexible such that other mission critical applications can be added on its secure desktop, including future tools built by the DEA that need to be integrated into the system’s environment.

The deployment of a fully integrated managed attribution and evidence collection tool allows DEA investigators to move online investigation operations onto a SOE, insulated from the DEA’s day-to-day networks. Moreover, it will continue to enable these investigators to conduct non-attributable online activities. This non-attribution shall be conducted through trade-crafted points-of-presence that enable users’ traffic to appear to originate from designated remote locations/geosites rather than from the user’s actual physical location. Vendor will enable users to reach target Websites and services without exposing the IP address of the workstation and thus revealing their true identity and affiliation.

In addition to providing advanced security, managed attribution, and enhanced evidence collection, the Vendor product also provides administrators at the DEA with a variety of account management capabilities. Activities are to be indexed and presented within an administrative interface. Content to be recorded includes user login times and points-of-presence data. DEA users will have the flexibility to sort and export the data as needed, thereby facilitating the discovery process. The oversight/audit function will only be visible to user accounts with special admin permissions – these users will be determined by DEA program administrators as part of contract implementation.

Additionally, the vendor shall provide the capabilities to leverage emerging mobile technologies. The system should incorporate features that replicate a mobile phone, providing the ability to send/receive messages, make and receive calls and voicemails, and install applications within emulated mobile phone. Examples of applications include digital asset wallets on the virtual platform to enable users to swap or exchange digital assets within the secure environment.

The system shall also incorporate the Exodus wallet natively installed within the virtual environment. The application will provide users with direct access to manage cryptocurrency assets.

PERFORMANCE REQUIREMENTS

Vendor shall provide the following:

1. Provide anonymized connections to the Public Internet

• General unattributed secure connections for routine browsing and investigative research on the Internet.

• Browser interfaces accessible from inside or outside DEA infrastructure

• Access from regular laptops or workstations without the necessity of installing local software

• Connections to secure Virtual Desktops Interfaces which shall not store any data or browser information on a local system

• Audit trail of user name, local login successful or not successful, and date and time of events

• Ability to journal information the user identifies and store in a secure database for future retrieval and analysis

• Managed attribution for secure connections for Undercover (UC) browsing of specific

Web sites with ability to choose attributable public facing geographic locations displaying IP addresses which cannot be attributed to DEA or other government entities.

• Browser interfaces accessible from inside or outside DEA infrastructure

• Access from regular laptops or workstations without the necessity of installing local software

• Connections to secure Virtual Desktops Interfaces (VDI) which shall not store any data or browser information on a local system

• Emulated mobile phone feature with the capability to send/receive messages, make and receive calls and voicemails, and install applications.

• Exodus wallet natively installed within the VDI.

• Audit trail of user name, local logins successful or not successful, and date and time of events.

• Ability to journal information the user identifies and store in a secure database for future retrieval and analysis which may be evidentiary in nature

• The offeror, in consultation with DEA shall identify the number and location of rotating IP address sites (AKA “Geosites”) to be established in the following potential locations:

• Tier 1 – CONUS/Canada and Western Europe

• Tier 2 – Latin America, Eastern Europe, Asia

• Tier 3 – Middle East, Africa

Upon the establishment of a list of mutually agreed upon number and location of Geosites between the vendor and DEA, the vendor shall develop a mutually agreed upon timetable for their establishment.

2. Journal and evidence storage infrastructure securely separated from the VDI browsing infrastructure.

3. Distributed Administrative access and control to permit the following:

• Provision Administrative Super Users

• DEA Administrators shall be able to provision and de-provision Special Agent (SA) and

Intelligence Analysts (IA) users and assign privileges for each user, i.e., Read-Write access, access to evidence store, etc.

• All Administrator access shall require 2-factor identification

• All Administrator actions shall be auditable

• DEA Administrators shall be able to assign Geolocations for UC users

• Each Field Division shall have at least one geographically pertinent IP address available for the Division, and a static IP address if it would be a requirement for a particular case

4. Security & Compliance: The Contractor shall provide a cloud service offering (CSO) that has achieved a FedRAMP Authorization to Operate (ATO) or Provisional Authorization to Operate (P-ATO) at the Moderate baseline prior to processing, storing, or transmitting Federal information. The CSO must be listed on the FedRAMP Marketplace. In accordance with the Federal Information Security Modernization Act of 2014, the Contractor shall implement and maintain security controls consistent with NIST SP 900-53 at the moderate baseline. The Contractor shall maintain FedRAMP authorization and comply with all continuous monitoring requirements throughout the period of performance.

5. Training materials and administer training to provide the DEA end user community with the requisite knowledge and skills to fully use the Managed Attribution System. Training materials will be reviewed and approved by the Contracting Officer’s Representative (COR) prior to utilization in training sessions. The vendor shall provide instructors specifically qualified to teach DEA end users how to use all of the software applications and capabilities residing within the Managed Attribution System. The vendor shall provide on-site training to end users, to provide users the fundamental skills in which to use, navigate, and access the system to reduce any potential learning curves for end users of the systems.

The vendor shall provide on-site training to privileges users, to provide the privileged uses the fundamental knowledge and skills in which to manage, issue, and troubleshoot end users and user access while using, navigating, and accessing the system to reduce any potential learning curves for the privileged user and end users of the systems. When applicable and upon request, the vendor shall provide a means of virtual training to facilitate training requirements when training in person is not optional or practical.

6. Travel for on-site training shall be pre-approved in writing by the COR.

PLACE OF PERFORMANCE

The vendor shall maintain a cloud-based infrastructure. With a logically separated virtual environment.

PERIOD OF PERFORMANCE

The period of performance for services described in the PWS is established from September 14, 2026 through September 13, 2031. The period of performance is a five (5)-year ordering period.

Base Ordering Period – Effective from the date of award through 12 months from the Effective Date of Contract (EDOC).

Base Period (12 Months): Date of award plus 364 days.

Ordering Period 1 (12 Months): 365 Days Through 729 Days after contract award.

Ordering Period 2 (12 Months): 730 Days Through 1,094 Days after contract award.

Ordering Period 3 (12 Months): 1,095 Days Through 1,459 Days after contract award.

Ordering Period 4 (12 Months): 1,460 Days Through 1,824 Days after contract award.

FAR 52.217-8 Option (6 Months): 1,825 Days Through 2,007 Days after contract award

DELIVERABLES

Vendor shall provide deployment of above described services across the DEA for up to 200 concurrent users. The system shall include CONUS points of presence for each field division and OCONUS points of presence. The locations of these presences will be determined by DEA program managers in consultation with Vendor.

INSPECTION/ACCEPTANCE

1. DEA retains final approval authority for acceptance of all products.

2. DEA will only approve payment for work performed by Vendor for DEA to access the above described products/services.

SECTION 4 CONTRACT ADMINISTRATION

DEA-2852.242-71 INVOICE REQUIREMENTS (DEC 2022)

(a) In order to initiate processing for payment, the contractor shall submit scanned or electronic images of invoice(s) to the following e-mail address:

lnvoice.lnfoSys@dea.gov. The contractor shall also send an informational copy of the invoice to the following addressee(s):

(1) Contracting Officer: Ameka.Ali@dea.gov

(2) Contracting Officer’s Representative: Justice.I.Parker@dea.gov

(b) The date of record for invoice receipt is established on the day of receipt of the e-mail it arrives is before the end of standard business hours (5:00 p.m. local), or the next business day if the invoice arrives outside of normal business hours. Scanned documents with original signatures in .pdf or other graphic formats attached to the e-mail are acceptable.

Digital/electronic signatures and certificates cannot be processed by DEA and will be returned.

(c) In addition to the items specified in FAR 32.905(b), a proper invoice shall also include the following minimum additional information and/or attached documentation:

(1) Total/cumulative charges for the billing period for each Contract Line Item

Number (CLIN);

(2) Dates upon which items/services were delivered; and

(3) The contractor’s Taxpayer Identification Number (TIN).

(d) Invoices will be rejected if they are illegible or otherwise unreadable, or if they do not contain the required information or signatures.

(End of clause) mailto:%20lnvoice.lnfoSys@dea.gov.

mailto:%20lnvoice.lnfoSys@dea.gov.

mailto:Ameka.Ali@dea.gov mailto:Justice.I.Parker@dea.gov

DEA-2852.242-72 FINAL INVOICE AND RELEASE OF RESIDUAL FUNDS (MAY 2012)

(a) The contractor shall submit a copy of the final invoice to the Contracting Officer at the address listed in clause DEA-2852.242-71, Invoice Requirements. The final invoice must be marked “Informational Copy – Final Invoice.”

(b) By submission of the final invoice and upon receipt of final payment, the contractor releases the Government from any and all claims arising under, or by virtue of, this contract.

Accordingly, the Government shall not be liable for the payment of any future invoices that may be submitted under the above referenced order.

(c) If residual funds on the contract total $100 or less after payment of the final invoice, the Government will automatically de-obligate the residual funds without further communication with the contractor.

(d) If funds greater than $100 remain on this order after payment of the final invoice, the

Government will issue a bilateral modification to de-obligate the residual funds. The contractor will have up to fifteen (15) calendar days after issuance of the modification to sign and return

it. The contractor’s signature on the modification shall constitute a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the contractor has specifically exempted from the operation of the release. If the contractor fails to sign the modification or assert a claim within the stated period, the Government will de-obligate the residual balance and proceed with close-out of the contract.

DEA-2852.242-73 CONTRACTING OFFICER’S REPRESENTATIVE (MAY 2012)

a) Pursuant to FAR 1.602-2, the following individual has been designated as the Contracting Officer's Representative (COR) under this contract:

Name: Justice Parker/ justice.l.parker@dea.gov

(b) The COR has responsibility for performing contract administration, which includes, but is not limited to, the following duties: functioning as the technical liaison with the contractor;

monitoring the contractor’s performance and progress of the work; receiving, inspecting, and accepting all deliverables or services provided under the contract; and reviewing all invoices/vouchers submitted for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

DEA-2852.242-74 CONTRACT ADMINISTRATION POINTS OF CONTACT (NOV 2023)

a) The Contract Administration Office for this contract is:

U. S. Department of Justice Drug Enforcement Administration Office of Acquisition (FA) 8701 Morrissette Drive Springfield, VA 22152

Contracting Officer: Ameka Ali / Ameka.Ali@dea.gov

Contracting Officer’s Representative: Justice Parker/ justice.l.parker@dea.gov

(b) Contract administration for the contractor shall be performed by:

Name:

DEA-2852.242-70 CONTRACTOR PERFORMANCE ASSESSMENT (JAN 2024)

(a) Pursuant to FAR subpart 42.15, the Government will assess the contractor’s performance under this contract. Performance assessment information may be used by the Government for decision-making on exercise of ordering, source selection, and other purposes, and will be made available to other federal agencies for similar purposes.

(b) Performance will be assessed in the following areas:

(1) Quality of product or service;

(2) Schedule;

(3) Cost control;

(4) Business relations;

(5) Management of key personnel; and

(6) Other appropriate areas.

(c) For contracts that include the clause at 52.219-9, Small Business Subcontracting Plan, performance assessments will consider performance against, and efforts to achieve, small business subcontracting goals set forth in the small business subcontracting plan.

(d) For any contract with a performance period exceeding 18 months, inclusive of all options, the Government will perform interim performance assessments annually and a final performance assessment upon completion of the contract.

mailto:Ameka.Ali@dea.gov

(e) The Government will prepare contractor performance assessment reports electronically using the Contractor Performance Assessment Reporting System (CPARS). Additional information on CPARS may be found at www.cpars.gov.

(f) The contractor will be provided access to CPARS to review performance assessments. The contractor shall designate a CPARS point-of-contact for each contract subject to performance assessment reporting. Upon setup of a contract in CPARS, the contractor’s CPARS point-of-contact will receive a system-generated e-mail with information and instructions for using CPARS. Prior to finalizing any contractor performance assessment, the contractor shall be given 14 calendar days to review the report and submit comments, rebutting statements, or additional information. Disagreements between the contractor and the Government performance assessment official will be resolved by a Government Reviewing Official, whose decision on the matter will be final.

(g) The Government will also report in the Federal Awardee Performance and Integrity Information System (FAPIIS) module of CPARS information related to:

(1) A Contracting Officer’s final determination that a contractor has submitted defective cost or pricing data;

(2) Any subsequent change to a final determination concerning defective cost or pricing data pursuant to 15.407-1(d);

(3) Any issuance of a final termination for default or cause notice; or

(4) Any subsequent withdrawal or a conversion of a termination for default to a termination for convenience.

http://www.cpars.gov/

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:

(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.

(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.

(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212-4.

(3) FAR 52.212-5.

(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212-4.

(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated into the contract.

(6) Solicitation provisions if this is a solicitation.

(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government

SECTION 5 SOLICITATION PROVISIONS

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 address: https://www.acquisition.gov/far (End of provision) to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other similar mechanism ( e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this agreement” means any contractor commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.

Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.

(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.

(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.

(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212-4.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease the overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 and 2852.212-4(s).

(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.

(ix)…