Combined Synopsis/Solicitation

D-26-IS-0037

SDS Camera Call-Up

1. Description

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued. Solicitation number D-26-IS-0037 is issued as a request for quotation (RFQ) for the SDS Camera Call-Up.

This acquisition is unrestricted. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

This notice incorporates provisions and clauses in effect through Drug Enforcement Administration (DEA) Clause Matrix updated through FAC 2023-05. The complete text of any of the clauses and provisions may be accessed in full text at: Smart Matrix | Acquisition.GOV.

(ii) Offerors are requested to submit a quote for the line items listed below:

Line Item Description Quantity Unit Unit Price Amount

0001 Upgrades and enhancements to DEA Headquarters

1 DO $ $

(iii) SDS Camera Call-Up; unrestricted. The associated North American Industrial Classification System

(NAICS) code for this procurement is 561621 Security Systems Services (except Locksmiths) with a business size standard of $25M.

(iv) Period of Performance: 9/30/2026 – 9/29/2027

2. The solicitation will close at 10:00AM EST on 9/21/2026. Quotations received after this date and time will be considered late in accordance with FAR 52.212-1(f) and will not be evaluated.

Questions regarding this solicitation are to be submitted electronically to the Contracting Officer, Ms. Angel Barkley to angel.d.barkley@dea.gov. Deadline for questions is 9/16/2026 at 10:00AM EST.

http://www.acquisition.gov/ https://www.acquisition.gov/smart-matrix mailto:angel.d.barkley@dea.gov

Table of Contents Description

Solicitation/Contract Form……………………………………………………………..

Commodity or Services Schedule……………………………………………………...

Statement of Work……………………………………………………………………..

Provisions and Clauses………………………………………………………………… Instructions to Offerors………………………………………………………………...

Evaluation Factors/Basis of Award…………………………………………………….

DEA STATEMENT

OF WORK – DEA

Headquarters

This summary applies to the procurement, installation, training and implementation of an integrated security management system for the site described.

General Requirements, specifications and system components.

DEA SECURITY SYSTEM

SECTION I - GENERAL REQUIREMENTS

1.01 Summary of Work

DEA Office of Security Programs will review all vendor contract proposals for technical accuracy, completeness, and suitability, and will make the final determination of selected security vendor based on the most technically capable and lowest acceptable bid. This summary applies to the procurement, installation, training and implementation of an integrated security management system for the site described. The contractor shall furnish a complete system including all labor, materials and equipment for a functional security system. Use of subcontractors and/or other vendors to install and maintain any or all the security system(s) (other than cabling, conduit, and power) must be approved in advance by DEA Headquarters, Physical Security Section. GSA or open market pricing shall be used, whichever is more advantageous to DEA.

1.02 Systems, warranties and maintenance

a. Active Shooter Camera call-up

b. Client workstation parts

c. System Switches

d. Cameras

e. Active Shooter devices

f. Warranty coverage

g. Systems tracking

1.03 Location of Work – DEA Headquarters 600-700 Army Navy Drive, Arlington Va. 22202

1.04 Equipment

All equipment provided must be fully compliant with NDAA H.R. 5115 also known as the John S. McCain National Defense Authorization Act, as well as Trade Agreements Act (TAA) FAR 52.255-5. TAA compliance applies to all equipment provided for the project, not solely products listed on the GSA Schedule Contract.

Substitution of equipment after bid approval will occur only when there is a significant advantage to the client agency, created by an overall upgrading of a component(s) by a manufacturer or an operational advantage created by a change in the state of the art of the equipment to be supplied. In the event the above occurs, the contractor shall make the DEA representatives aware of the new equipment and shall provide DEA the new information. At the DEA’s discretion, the option to accept or reject the substitution will then be exercised.

1.05 Coordination

A. Project coordination. Contractor shall coordinate all project activities with their assigned GSA project representative for all new construction builds. For ISPS funded projects, contractor shall coordinate with their assigned ISPS security representative.

B. Job site administration. Contractor shall provide an onsite project manager who shall maintain coordination with the DEA and completely inform the DEA representative of project status on a weekly basis or as agreed.

C. Other trade coordination. Contractor shall closely coordinate all work with other trades. It is the contractor’s responsibility to understand the scope of work of all other trades that affect the Security System to ensure that all power, cabling, networking, raceway, backboards, pull-strings, hardware, patching, painting and other services are included in the project. The contractor who delivers a fully functional Security System must supply those services not provided by other trades.

1.06 Regulatory Requirements

Work on or within the scope of this project shall be in accordance with but not limited to the following codes, rules and regulations.

a. Appropriate local government codes

b. National Electric Code (NFPA – 70)

c. Uniform Building Code

d. National Fire Code (NFPA - 1)

1.07 Submittals of material lists, technical information sheets and variances

A. Bidding Proposals:

1. When submitting a bid proposal please list the following information for each item on bid:

a. Item Quantity

b. Model Number (please use a part/model number that will allow retrieval of part information from any internet search engine).

c. Price Each

d. Price Total (example: If there are 10 items specified for the project then this column would be the total of the price each column times ten).

e. Labor as a separate item.

f. See Appendix 1 for sample bid proposal part layout.

g. Provide a separate product technical information sheet or data sheet for each device in the bid or quote. The specific model number(s) must be identified within the technical information sheet (highlighted).

B. Prior to the deadline for submittals, the contractor shall submit the following:

1. A materials list with the names of manufacturers, model numbers, and technical information on all items proposed.

2. A statement listing every technical and operations parameter wherein the submitted equipment varies from that which was originally specified. If the contractor fails to list a particular variance and his submittal is accepted, but it is subsequently deemed to be unsatisfactory because of an unlisted variance, the contractor must replace or modify such equipment without cost to the DEA.

3. A statement to the effect that the contractor has read and understood this statement of work and agrees to fully abide by it, as further detailed by the specific security plans to be provided by DEA.

1.08 Licenses and Permits

The contractor shall at the time of the proposals be fully licensed to perform all specific tasks by the local authority at the job location. The licensing may include but not be limited to a valid state Electrical Contractor, Low Voltage System Contractor, Alarm Operator and local business license.

The electronic security systems must be installed by a journeyman electronic or security system technician. If apprentices are used, they must be supervised by an on-site journeyman. The Contractor shall provide sufficient oversight by a qualified Project Manager.

Milestone Licenses shall be purchased no sooner than two weeks prior to all equipment being physically installed, and prior coordination must be made with ISPA.

Contractors that primarily operate as equipment distributers are restricted from bidding.

1.10 Warranties

A. The contractor shall guarantee all equipment and systems for a period of one year commencing with the acceptance of the security systems as fully functional by the DEA, unless otherwise specified in the security systems section later in this document. The warranty shall cover all costs for the warranty service, including parts, labor, field service, pickup, transportation, delivery, and reinstallation and retesting.

B. Requests for non-emergency service placed by the owner/occupant Monday through Friday shall be responded to within 24 hours of service request. Non-emergency items are those that do not secure the perimeter or high security areas.

C. Emergency Service Requests will be met within a four (4) hour reporting window.

1.11 Removal of Old Equipment

A. If applicable, de-installation may include removal of existing VSS system, IDS and ACS equipment in preparation for installation agency-approved equipment. As appropriate, de-installation activities will include the disposal of any trash and equipment, in addition to shipping of all equipment.

B. The contractor will securely handle any system components that could potentially contain sensitive information and return the components to the agency. Examples of system components are computers, hard drives, digital storage arrays or equipment with stored memory.

SECTION II - GENERAL SYSTEM SPECIFICATIONS

2.01 Scope – Active Shooter Call-up

The selected vendor shall install and make operational an integrated automatic camera callup solution. The integration is for Bosch BVMS 13.0 and Shooter Detection Systems Guardian. The vendor shall design, install and program camera callup to specific nearest camera to the active shooter device. Vendor is required to supply and program all new required hardware for the Active Shooter Camera Callup and make all software configuration changes required to provide camera call-up for the 280 interior shooter detection devices, and 107 Commend emergency call stations located in the stairwells and parking garage level B-1 and B-2. DEA would prefer a software solution for this requirement, if a hardware solution is required; total capacity should be 320 devices to allow for future expansion. Vendor will work with onsite DEA contract Physical security technician, provide user training, along with all user manuals and software if applicable.

Vendor shall be required to purchase and deliver the system required devices below. DEA Headquarters contract Physical Security Technician and contract Systems Engineer will install and program the listed equipment.

System Switches / associated equipment

• Qty: 3 - Part# ICX 8200-24P PoE - Description: Ruckus ICX 24 port 370W PoE Switch with ICX8200-PREM-LIC

• Qty: 6 - Part# E1MG-SX-A - Description: Ruckus E1MG-SX-A SFP Transceiver 1Gbps LC MM

Client workstation and parts

• Qty: 4 - Part# N/A - Description: Workstation requirements to meet or exceed the following specs: Intel Xeon W-

2465X, 32GB RAM 512GB M.2 SSD, (2) NVIDIA RTX 4000 ADA Graphics Cards, Windows 11 Pro. (TAA-compliant)

• Qty: 15 - Part# N/A - Description: 512GB M.2 SSD w/heatsinks (TAA compliant)

• Qty: 15 - Part# N/A - Description: Windows 11 Pro License/Install Media

• Qty: 4 - Part# M93717-001 - Description: HP 1125W Z4 G5 Workstation Power Supply

• Qty: 4 - Part# N/A - Description: Nvidia RTX Pro 4500 Blackwell Edition GPU

• Qty: 1 - Part# N/A - Description: Nvidia RTX Pro 6000 Blackwell Edition GPU

• Qty: 1 - Part# N/A - Description: Workstation requirements to meet or exceed the following specs: AMD Ryzen

AI Max+ 395, 128GB RAM 1TB M.2 SSD, No OS Required

Active Shooter devices

• Qty: 42 - Part# GRDN-2001-ENT - Description: SDS interior sensor

Cameras

• Qty: 72 - Part# NDS-5704-F360LE-GOV - Description: Bosch 12MP 360 Camera

• Qty: 72 - Part# NDA-5080-TM - Description: Bosch 20-degree wedge mount

• Qty: 10 - Part# NDA-U-CBB - Description: Bosch surface mount

DEA HQ Active Shooter Enhancement Statement of Objectives

DEA endeavors to expand and update the HQ Active Shooter Detection System through design and security installation.

A. New requirement camera callup integration with the current Bosch BVMS 13.0 system with the Shooter Detection Systems Guardian system and Commend Intercom system. Individual camera callup to specific nearest camera to the device on a Bosch decoder located in the Security Control Center. Vendor is required to supply and program all new required hardware and make all software configuration changes required to provide camera call-up for the 280 interior shooter detection devices, and 107 Commend emergency call stations located in the stairwells and parking garage level B-1 and B-2. DEA would prefer a software solution for this requirement, if a hardware solution is required; total capacity should be 320 devices to allow for future expansion. All associated hardwire connections between input/output modules and network patch cables are to be supplied, installed and labeled by the vendor to 3 Ruckus 24 POE switches with fiber modules supplied by the vendor to the customer for programming and installation.

Qty: 3 - Part# ICX 8200-24P PoE - Description: Ruckus ICX 24 port 370W PoE Switch with ICX8200-PREM-LIC Qty: 6 - Part# E1MG-SX-A - Description: Ruckus E1MG-SX-A SFP Transceiver 1Gbps LC MM

B. Vendor to supply the following items for DEA HQ Workstation upgrade. 5 complete workstations and upgrades to 15 existing HP Z4 G5 workstations. Items are not brand specific unless noted but required to be compatible with workstations.

Qty: 4 - Part# N/A - Description: Workstation requirements to meet or exceed the following specs: Intel Xeon W-2465X, 32GB RAM 512GB M.2 SSD, (2) NVIDIA RTX 4000 ADA Graphics Cards, Windows 11 Pro. (TAA-compliant) Qty: 15 - Part# N/A - Description: 512GB M.2 SSD w/heatsinks (TAA compliant) Qty: 15 - Part# N/A - Description: Windows 11 Pro License/Install Media Qty: 4 - Part# M93717-001 - Description: HP 1125W Z4 G5 Workstation Power Supply Qty: 4 - Part# N/A - Description: Nvidia RTX Pro 4500 Blackwell Edition GPU Qty: 1 - Part# N/A - Description: Nvidia RTX Pro 6000 Blackwell Edition GPU Qty: 1 - Part# N/A - Description: Workstation requirements to meet or exceed the following specs: AMD Ryzen AI Max+ 395, 128GB RAM 1TB M.2 SSD, No OS Required

C. 42 New Shooter Detection System interior shot detectors to be supplied to the customer for programming and installation.

Qty: 42 - Part# GRDN-2001-ENT - Description: SDS interior sensor

D. 72 New Bosch 360 cameras with 20-degree wedge and flat conduit mounts supplied to the customer for programming and installation.

Qty: 72 - Part# NDS-5704-F360LE-GOV - Description: Bosch 12MP 360 Camera Qty: 72 - Part# NDA-5080-TM - Description: Bosch 20-degree wedge mount Qty: 10 - Part# NDA-U-CBB - Description: Bosch surface mount

DEA PROVISION & CLAUSE MATRIX – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Updated through FAC 2024-07

SEPT 2024 Page 1 of 36

SOLICITATION #: 15DDHQ26Q00000202

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-smart-matrix.

(End of provision)

CONTRACTING OFFICER: Check the corresponding box for the provisions and clauses applicable to this procurement.

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-7 ALT I SYSTEM FOR AWARD MANAGEMENT (OCT 2018) WITH ALTERNATE I (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Sep 2023)

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price;

(iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

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

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

52.225-7 WAIVER OF BUY AMERICAN STATUTE FOR CIVIL AIRCRAFT AND RELATED ARTICLES (FEB 2016)

DOJ-06 NATIONAL SECURITY RISK ASSESSMENT (APR 2014)

(a) Any offeror responding to this solicitation acknowledges that before acquiring information technology equipment or software, the U.S. Department of Justice and its component entities will assess the supply chain risk of cyber-espionage or sabotage associated with the acquisition of such equipment or software, including any risk associated with such equipment or software being produced, manufactured, or assembled by one or more entities identified as posing a cyber-threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China.

(b) By submitting an offer to this solicitation, the Offeror understands and agrees that the Government retains the right to reject any offer or response to this solicitation made by the Offeror, without any further recourse by, or explanation to, the Offeror, if the Government determines the Offeror or the equipment or software offered by the Offeror, in whole or in part, presents an unacceptable risk to national security.

(c) To assist the Government in assessing whether the acquisition poses a national security risk, offerors are required to complete and submit with its offer or quotation the National Security Acquisition Risk Assessment Questions, which are attached to this solicitation. Offerors must answer all questions completely and accurately to the best of their knowledge and belief. All answers are to be reflective of the parent and subsidiary levels of an organization.

https://www.acquisition.gov/far-smart-matrix https://www.acquisition.gov/content/52204-6-unique-entity-identifier https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/content/52209-7-information-regarding-responsibility-matters https://www.acquisition.gov/content/52209-12-certification-regarding-tax-matters https://www.acquisition.gov/content/52211-6-brand-name-or-equal https://www.acquisition.gov/content/52212-1-instructions-offerors-commercial-items https://www.acquisition.gov/content/52212-2-evaluation-commercial-items https://www.acquisition.gov/content/15304-evaluation-factors-and-significant-subfactors#i1108563 https://www.acquisition.gov/content/15304-evaluation-factors-and-significant-subfactors#i1108563 https://www.acquisition.gov/content/52225-7-waiver-buy-american-statute-civil-aircraft-and-related-articles

SEPT 2024 Page 2 of 36

(d) Offerors are also required to request, collect, and forward with its offer or quotation completed National Security Acquisition Risk Assessment Questions from all subcontractors that will provide any equipment or software in performance of the contract or order. Offerors are responsible for the thoroughness and completeness of each subcontractor's submission.

(e) Failure to provide any such requested information may render a proposal unacceptable.

JAR 2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (NOV 2020)

(a) The following definitions apply in this provision:

(1) ‘‘Agency Protest Official’’ (APO) means the Deciding Official for a procurement protest filed with a contracting activity of DOJ when the contracting officer will not be the Deciding Official because of the protestor’s election under JAR 2833.103(b).

(2) ‘‘Deciding Official’’ means the official who will review and decide a procurement protest filed with the agency. The Deciding Official will be the contracting officer unless the protestor requests pursuant to JAR 2833.103(b) that the protest be decided by an individual above the level of the contracting officer, in which case the HCA will designate an APO to serve as the Deciding Official.

(3) ‘‘Interested Party’’ means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) Only interested parties may file a protest.

(c) An interested party filing a protest with the DOJ has the choice of requesting either that the Contracting Officer or the APO decide the protest.

(d) A protest filed directly with the DOJ shall:

(1) Indicate that it is a protest to DOJ.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(e) The decision by the APO is an alternative to a decision by the Contracting Officer. The APO will not consider appeals from the Contracting Officer’s decision on an agency protest and a decision by the APO is final and not appealable.

(f) The Deciding Official may conduct a scheduling conference. The scheduling conference, if conducted, will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(g) Oral conferences may take place either by telephone or in person.

(h) The protestor has only one opportunity to support or explain the substance of its protest. DOJ procedures do not provide for any discovery. The deciding official may request additional information from the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(i) A protestor may represent itself or be represented by legal counsel. The DOJ will not reimburse the protester for any legal fees related to the agency protest.

(j) The DOJ will stay award or suspend contract performance in accordance with FAR 33.103(f), unless the contract award is justified, in writing, for urgent and compelling reasons or is determined, in writing, to be in the best interest of the Government. The justification or determination shall be approved at a level above the Contracting Officer. The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(k) The deciding official will make a best effort to issue a decision on the protest within thirty-five (35) days after the filing date. The decision shall be written, and provided to the protestor using a method that provides for evidence of receipt.

(l) The DOJ may dismiss or stay proceedings on an agency protest if a protest on the same or similar basis is filed with a forum outside DOJ.

(End of Clause)

CONTINUED ON NEXT PAGE

https://www.ecfr.gov/current/title-48/section-2852.233-70

SEPT 2024 Page 3 of 36

OFFERORS – COMPLETE THE REPRESENTATIONS BELOW AND RETURN THEM WITH YOUR OFFER OR QUOTE IF THE VERSIONS OF THESE PROVISIONS IN YOUR ANNUAL REPRESENTATIONS AND CERTIFICATIONS IN THE SYSTEM FOR AWARD MANAGEMENT ARE EARLIER THAN OCT 2020.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services— https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

SEPT 2024 Page 4 of 36

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

Attention is drawn to paragraph (b) of provision 52.212-3, which requests offeror-provided fill-in information in (b)(2), when applicable:

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

***** Paragraph (i) Contracting Officer fill-in information: Paragraph (i)(1): The end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor are listed by Schedule of Supplies/Services Item Number as follows: [when applicable, enter item numbers with country of origin in parentheses and separated by commas]

***** Paragraph (k) Contracting Officer fill-in information: select applicable item when an exemption to the Service Contract Labor Standards statute applies.

Paragraph k(1) is applicable. Paragraph k(2) is applicable.

(v) (2) The Offeror represents that—

(i) It does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

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

* Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items http://www.sam.gov/ https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items https://www.acquisition.gov/content/part-4-administrative-matters#i1121876 https://www.acquisition.gov/far/52.204-25

SEPT 2024 Page 5 of 36

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 address: https://www.acquisition.gov/far-smart-matrix.

(End of clause)

CONTRACTING OFFICER: Check the appropriate box only for clauses that are applicable to this procurement.

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND

OTHER COVERED ENTITIES, IN ALL SOLICITATIONS AND CONTRACTS (NOV 2021)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204–27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause—

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.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

52.212-4 ALT I CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) WITH ALTERNATE I (NOV 2021) https://www.acquisition.gov/far-smart-matrix https://www.acquisition.gov/content/52203-16-preventing-personal-conflicts-interest https://www.acquisition.gov/far/52.203-17 https://www.acquisition.gov/content/52204-9-personal-identity-verification-contractor-personnel https://www.acquisition.gov/content/52204-12-unique-entity-identifier-maintenance https://www.acquisition.gov/content/52204-13-system-award-management-maintenance https://www.acquisition.gov/content/52204-18-commercial-and-government-entity-code-maintenance https://www.acquisition.gov/content/52204-19-incorporation-reference-representations-and-certifications https://www.acquisition.gov/content/52204-21-basic-safeguarding-covered-contractor-information-systems https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services#id1989I600I4C https://www.acquisition.gov/far/52.204-27 https://www.acquisition.gov/content/52207-5-option-purchase-equipment https://www.acquisition.gov/content/52212-4-contract-terms-and-conditions-commercial-items https://www.acquisition.gov/content/52212-4-contract-terms-and-conditions-commercial-items

SEPT 2024 Page 6 of 36

JAR 2852.212-4 TERMS AND CONDITIONS—COMMERCIAL ITEMS (NOV 2020) (DEVIATION)

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 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., ‘‘clickwrap’’ 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.