A28 Request for Quote- Prep Course Training Facility.pdf

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2/14/2025 at 10am EST.

PREP Course Training Facility – Request for Quotations

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes as the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation number D-25-TR-0067 is being used as a Request for Quotation

(RFQ). This solicitation is under NAICS code 611430 Professional and Management Development

Training. Please see the attached Statement of Work for detailed requirement information. All quotes shall be on an all or none basis, alternate quotes will not be accepted. All sources shall submit a quotation which will be subject to evaluation. Evaluation factors include, in no order of precedence, Technical

Capability and Price. In accordance with FAR Part 13 Simplified Acquisition Procedures, the

Government intends to issue a single firm fixed price purchase order to the eligible, responsible Offeror whose quote conforms to the requirements of this solicitation and presents the best value to the government. This requirement is 100% set aside for SMALL BUSINESSES ONLY.

The Drug Enforcement Administration (DEA) Office of Training (TR), in support of the Personnel

Recovery Unit (TRIP), has a requirement for a training facility to conduct six days of training for DEA’s

Personnel Recovery Emergency Preparedness (PREP) course.

INSTRUCTIONS TO OFFERORS

The Offeror shall provide a Firm Fixed Price Quote that includes all services listed in the Statement of

Work. The quote must clearly demonstrate the Offeror’s ability to perform all requirements of the

Statement of Work. The Offeror’s quote must specifically address the evaluation sub-factors listed below. All contractors and/or vendors providing a quote for this SOW must be registered and “active” in the Government SAM.gov System at the time of quote submission and must provide their unique ID number in the submission.

Any questions must be submitted in writing by email to Naomi.S.Collier@dea.gov no later than

2/11/2025 at 10:00am EST.

The deadline for quotes is February 14, 2025, at 10:00am EST. Quotes must include pricing, applicable capability statement and responses to evaluation factors listed below. All submissions

(questions and/or quotes) shall be submitted electronically by email to Naomi.S.Collier@dea.gov with the RFQ number included in the subject line. No late submissions (questions and/or quotes) will be accepted.

EVALUATION FACTORS

Technical Capability - Sub Factor 1.

Offeror shall demonstrate ability to responsively prepare for and execute the requirement to ensure timely execution of the PREP training course from 3/22/2025-3/27/2025.

Technical Capability - Sub Factor 2.

Offeror shall 2 provide resumes for the Demolitions Instructor and seven (7) driving instructors required by section 3.3 of the Statement of Work.

Technical Capability - Sub Factor 3.

Offeror shall include sufficient documentation and details in their quote to demonstrate the Offeror’s ability to perform all requirements of the Statement of Work.

mailto:Naomi.S.Collier@dea.gov mailto:Naomi.S.Collier@dea.gov

Pricing Proposal

Offerors must provide pricing for the following service below.

CLIN Service/Supplies Total Amount

0001 5-Day DEA Personnel Recovery Emergency Preparedness (PREP) Course (Week 2) consisting of 2 days driver training for up to 42 personnel and facility rental IAW attached

SOW.

Basis for Award

The award will be made to the offeror who presents the best value to the government.

Drug Enforcement Administration

Office of Training Personnel Recovery Unit

Personnel Recovery Emergency Preparedness (PREP) Course Training Venue

SECTION 3.0 – STATEMENT OF WORK

3.1 BACKGROUND:

The Drug Enforcement Administration (DEA) Office of Training (TR), in support of the

Personnel Recovery Unit (TRIP), has a requirement for a training facility to conduct six days of training for DEA’s Personnel Recovery Emergency Preparedness (PREP) course. The PREP course is designed as a general security awareness and personnel recovery course, which prepares

DEA personnel for overseas assignments and addresses the unique threats faced by DEA personnel operating overseas. This course will serve to combine various Department of State (DOS) and DEA training requirements. PREP will consist of forty-two students; divided into two training groups consisting of twenty-one persons, GROUP A and GROUP B. DEA instructors will be the primary instructors, but will be augmented by contract instructors as noted below in the TASK/WORK

REQUIREMENTS.

3.2 SCOPE Specific to PREP:

The contractor shall provide a training facility within 100 miles of the DEA Training academy, located in Quantico, VA. The training facility must have:

• A two-lane asphalt track ranging from 1.5 miles to 2 miles with a variety of turns and elevation changes

• A paved area capable of being lubricated with water for skid control and braking exercises

• A 2.5 mile unimproved roads course and vehicle obstacle course for off road driving familiarization

• One classroom for forty-two students and two classrooms, with a minimum capacity of twenty-one persons

• A multi-structure training area for practical exercises, with one structure capable of being flooded with non-toxic smoke and marked with approved emergency egress tape

• A demolition range capable of allowing forty-two students to observe the detonation of eight specific charges further identified in the TASK/WORK REQUIREMENTS.

COVID19 restrictions for student spacing – seating and PPE are required for classroom instruction.

3.3 TASK/WORK REQUIREMENTS Specific to PREP:

3.3.1 Day One: GROUPS A and B combined. Improvised Explosive Devices (IEDs) training.

The contractor shall provide one demolition instructor to provide sixty to ninety minutes of classroom instruction on IEDs to include at a minimum:

• Types of explosives

• Explosive components and construction

• Destructive effects

• Safety measures to avoid or decrease injury

The contractor shall provide explosives, vehicles, demolition instructor, and demolition range capable of allowing forty-two students to observe the detonation of the following charges:

• 6oz unconfined Black Powder (BP)

• 6oz Confined BP

• Electric Detonator confined in a 4” x 4” wood block

• 24’ 50gr/ft. Detonating Cord (1200 gr = .204 lb.)

• 6’ 50gr/ft. Detonating Cord (300 gr = .051 lb.)

• Senatel Pulsar Emulsion 1.25” x 8” cartridge (6oz)

• 8oz Cast Booster (pentolite)

• 8oz Cast Booster (pentolite) in a vehicle with windows to be used on a one-time, one demonstration, basis to show the students the true effect of explosives.

3.3.2 Day Two: GROUP A. Session 1 Drivers Training.

The contractor shall provide a classroom facility for twenty-one students and shall provide applicable course reference material and educational printouts in reference to the training.

The contractor shall provide seven driving instructors to provide driving instruction to twenty-one students.

The contractor shall provide safety helmets for twenty-one students.

The contractor shall provide a two-lane asphalt track ranging from 1.5 miles to 2 miles with a variety of turns and elevation changes. A paved area capable of being lubricated with water for skid control and braking exercises. A 2.5 mile unimproved roads course and vehicle obstacle course for off road driving familiarization.

The contractor shall provide a training regimen consisting of the following:

Driving Skills (road surface):

• Vehicle Dynamics

• Slalom/straight line braking

• Obstacle Avoidance/Braking in turns

• Reverse Driving Techniques

• Off road recovery

• Close proximity or close quarters driving

• Ramming

• Lane change drills

• Pitting (initiating and escaping)

• ABS/skid drills (on skid pad)

• Backing drills (including serpentine and Y turns)

• Mailman drill (right side drive)

• Attack Recognition/Barricade Confrontation Scenarios

• An area and curb to demonstrate driving over a curb

Unimproved Surface Driving Skills:

• Use of recovery gear

• Surface transition

• Arrival/departure angles

• Brake/throttle modulation

• Weight distribution and transfer in challenging terrain

• Recover a stuck/disabled vehicle with another vehicle

The contractor shall provide sedans and Sport Utility Vehicles (SUVs) for all driving instruction.

DEA will provide Fully Armored Vehicles (FAVs) for familiarization during drivers training.

GROUP B. Firearms Familiarization and SOR Range

The contractor shall provide a 25 yard covered live fire range, capable of a minimum of 10 shooting lanes. The contractor will provide suitable target stands for a minimum of 10 shooting lanes.

The contractor shall provide a 100 yard live fire range, within close walking distance to the above mentioned 50 yard live fire range. The 100 yard live fire range will consist of the following:

• A vehicle, not required to be operable, but suitable for two students to sit in and exit upon instructor’s command. Students will depart from the passenger side of the vehicle and one student will fire a minimum of two pistol rounds, over the hood of the vehicle, in an attempt to strike a steel target. The vehicle is not intended to be shot; however, the contractor shall anticipate the vehicle inadvertently being struck.

• A minimum of three steel targets, and the ability to position additional target stands throughout the range limits.

• Three mobile barricade walls approximately 6 feet high and 6 feet in length. The barricade will consist of a material suitable for shooting around and be capable of being struck by inadvertent 5.56 mm rifle rounds. Material such as plywood, rigid plastic, etc. would be suitable.

The contractor shall provide 20 Combined Tactical Systems (CTS) Model 6210 Smoke Canisters. The color of smoke can be a variety of green, yellow, and violet.

GROUP B. Medical and Land Navigation Training

The contractor shall provide a classroom facility for twenty-one students.

The contractor shall provide a training area suitable for a small land navigation course to be established. The land navigation course will be developed by DEA Instructors and will consist of a 100 meter pace count, and three navigation points approximately 300 meters apart.

3.3.3 Day Three: GROUP A. Session 2 Drivers Training

The contractor shall provide the same requirements as specified in points 3.3.2 and fulfill all driving requirements listed by the conclusion of the training day.

GROUP B. Fire as a Weapon and Medical Scenarios.

The contractor shall provide a classroom facility for twenty-one students.

The contractor shall provide a multi-structure training area for scenario-based training.

The contractor shall provide one structure capable of being flooded with non-toxic smoke and marked with approved emergency egress tape.

The contractor shall provide a smoke machine capable of flooding a structure with non-toxic smoke.

The contractor shall provide eight role players.

The contractor shall provide one SUV to be used during scenarios.

The contractor shall provide the following Blank Firing Adaptor (BFA) weapons and blank ammunition:

• Two BFA Glock 19 Pistols with 100 total rounds of blank ammunition

• Two BFA AR-15 rifles with 100 total rounds of blank ammunition

• Two BFA AK-47 rifles with 400 total rounds of blank ammunition

3.3.4 Day Four: GROUP A. Firearms Familiarization and SOR Range

The contractor shall provide the same requirements as specified in points 3.3.2

GROUP A. Medical and Land Navigation Training.

GROUP B: Session 1 Drivers Training.

3.3.5 Day Five: GROUP A. Fire as a Weapon and Medical Scenarios

The contractor shall provide the same requirements as specified in points 3.3.3

GROUP B: Session 2 Drivers Training.

The contractor shall provide the same requirements as specified in points 3.3.2 and fulfill all driving requirements listed by the conclusion of the training day.

3.3.6 Day Six: GROUPS A and B combined. Field Training Exercise (FTX)

The contractor shall provide a classroom facility for forty-two students.

The contractor shall provide one driving instructor to conduct right side driving exercises during scenario training.

The contractor shall provide sixteen role players

The contractor shall provide a two-lane asphalt track ranging from 1.5 miles to 2 miles with a variety of turns and elevation changes.

The contractor shall provide a multi-structure training area for scenario-based training.

The contractor shall provide the following vehicles:

• One SUV equipped with a kill switch

• Two sedans – One for right-side drive scenario and one for role player use

• One sedan replicating a police vehicle

The contractor shall provide the following Blank Firing Adaptor (BFA) weapons and blank ammunition:

• Twelve BFA Glock 19 Pistols with 200 total rounds of blank ammunition

• Two BFA AR-15 rifles with 200 total rounds of blank ammunition

• Three BFA AK-47 rifles with 400 total rounds of blank ammunition

• One rifle capable of firing Ultimate Training Munitions (UTM) with 300 total rounds of UTM ammunition

• One IED simulator

3.4 INSTRUCTOR QUALIFICATIONS Specific to PREP:

The contractor's instructors shall possess prior training experience and have demonstrated the ability to provide the instruction required under Section 3.3 Task/Work Requirements of the

Statement of Work.

Driving instructors shall have a minimum of two years instructional experience in instructing tactical and technical driver training to both federal law enforcement and/or military special operations.

The contractor shall have an internal driving instructor certification and standard, which all instructors shall recertify on quarterly.

The contractor’s demolition instructor shall have a minimum of five years of military demolition/breaching experience and a minimum of 2 years of instructional experience instructing federal law enforcement and or military special operations in demolition/breaching techniques.

DEA Personnel Recovery Emergency Preparedness (PREP) Course

Week 2 at Contractor Provided Facility

A full class is 42 students; however, this may vary depending on career board actions and overseas assignments. The class is split into two sides (1&2). Each side is further divided into four groups (A-D and E-H) of five to six students. On Days 1-4 the two sides will be training at different locations. On Day 5 each individual group will rotate through a series of scenarios. Currently the students arrive on Saturday (Day 0) in the afternoon and are given the IED Lecture/ Explosives Demo. This can be adjusted as needed.

Day 0 – Saturday Late Afternoon Arrival

1530-1700 IED Lecture/Explosives Demo

Class and Demo conducted by Contractor Provided Instructors

Day 1 at Contractor Provided Facility (Day 6 of PR Course/Sunday)

Group 1 (A-D)

0800 - 0900 Vehicle Dynamics Lecture Track

0900 - 1100 Vehicle Dynamics I & II Track

1100 - 1200 Evasive Maneuvers (Backing & Driver Down) Track

1200 - 1300 Lunch

1300 - 1430 Evasive Maneuvers (Ramming) Track

1430 - 1700 Vehicle Attack Recognition / Barricade PE Track

Group 2 (E-H)

0800 - 0900 Weapons FAM Fire 25yrd Pistol Range

0930 - 1030 Fire as A Weapon Classroom

1030 - 1200 Fire as a Weapon Smoke House

1200 - 1300 Lunch

1300 - 1400 Medical - IFAK / Vehicle Extraction & Carries Classroom

1400 - 1500 Navigation for Survival Classroom

1500 - 1600 GPS & Compass Course Land Nav Course

1600 - 1700 Survival Kits (Water/Fire/Shelter) Land Nav Course

Day 2 at Contractor Provided Facility (Day 7 of PR Course/Monday)

0800 - 0930 Driving at Elevated Speeds Track

0930 - 1230 HCG / Armored Vehicles (On & Off Road) Track

1230 - 1330 Lunch

1330 - 1500 HCG / Armored Vehicles (On & Off Road) Track

1500 - 1600 Field Expedient Repairs Track

1600 - 1700 Close Proximity Driving Track

0930 - 1030 Security Awareness & Threat Prevention Classroom

1030 - 1230 Medical Practical Exercises Mock Village/Other training sites

1230 - 1330 Lunch

1330 - 1530 Medical Practical Exercises Mock Village/Other training sites

1530 - 1600 Checkpoint Lecture Classroom

1600 - 1630 Communication - Satellite Phones Classroom

1630 - 1700 Surveillance Detection Practical Review Classroom

Medical Practical Exercises:

Currently the medical practical exercises consist of a round robin of four (4) scenarios.

Each scenario is approximately one (1) hour in length, which includes time for team movement and instructor reset for each scenario. The number of scenarios can be adjusted depending on class size and venue availability. The needs request for the medical practicals is as follows:

• Use of the Mock Village training area and any other suitable training sites.

• Use of the smoke house

• Eight (8) role players

• Two (2) vehicles (SUV’s; one stationary and one for students to drive to scenario;

training area)

• Attack simulation with for FAAW

• Five (5) blank firing M4’s (for students)

• Three (3) AK blank firing weapons (for role players)

• One (1) 50 cal simulator if available

• Four (4) smoke grenades

• Flashbangs will be used during two of the scenarios (provided and deployed by

DEA Instructors)

Day 3 at Contractor Provided Facility (Day 8 of PR Course/ Tuesday)

0800 - 0900 Weapons FAM Fire 25yrd Pistol Range

0900 - 1030 Fire as a Weapon (FAAW) Classroom

1030 - 1200 Fire as a Weapon Smoke House

1200 - 1300 Lunch

1300 - 1400 Medical - IFAK / Vehicle Extraction & Carries Classroom

1400 - 1500 Navigation for Survival Classroom

1500 - 1600 GPS & Compass Course Land Nav Course

1600 - 1700 Survival Kits (Water/Fire/Shelter) Land Nav Course

0800 - 0900 Vehicle Dynamics Lecture Track

0900 - 1100 Vehicle Dynamics I & II Track

1100 - 1200 Evasive Maneuvers (Backing & Driver Down) Track

1200 - 1300 Lunch

1300 - 1430 Evasive Maneuvers (Ramming) Track

1430 - 1700 Vehicle Attack Recognition / Barricade PE Track

Day 4 at Contractor Provided Facility (Day 9 of PR Course/Wednesday)

0930 - 1030 Security Awareness & Threat Prevention Classroom

1030 -1230 Medical Practical Exercises Mock Village/Other

Training Sites

1230 - 1330 Lunch

1330 - 1530 Medical Practical Exercises Mock Village/Other

Training Sites

1530 - 1600 Checkpoint Lecture Classroom

1600 - 1630 Communication - Satellite Phones Classroom

1630 - 1700 Surveillance Detection Practical Review Classroom

0800 - 0930 Driving at Elevated Speeds Track

0930 - 1230 HCG / Armored Vehicles (On & Off Road) Track

1230 - 1330 Lunch

1330 - 1500 HCG / Armored Vehicles (On & Off Road) Track

1500 - 1600 Field Expedient Repairs Track

1600 - 1700 Close Proximity Driving Track

Medical Practical Exercises (same needs request as above)

Day 5 at Contractor Provided Facility (Day 10 of PR Course/Thursday)

0700 - 0800 Hotel Checkout All students

0800 - 1500 Final Training Exercise (FTX) Mock Village/Other

Training Sites

1500 - 1600 Course Closing Classroom

Final Training Exercises:

Currently the final day is broken down into a round robin of eight (8) scenarios. Each scenario is approximately 45 minutes, which includes time for team movement and instructor reset for each scenario. The number of scenarios can be adjusted depending on class size and venue availability. The needs request for the final day is as follows:

• Use of the Embassy/Mock Village training area

• Access to track or unimproved road (for driver down scenario, if available)

• Vehicle Checkpoint

• Fourteen (14) role players

• Seven (7) Ak Blank Firing Rifles (for role players)

• Three (3) AR blank firing rifles

• Seven (7) Blank firing Glock Pistols

• Two (2) Contractor Provided Driving Instructors

• Eight (8) smoke grenades

• Ground IED

Flashbangs (provided and deployed by DEA Instructors)

DEA PROVISION & CLAUSE MATRIX – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Updated through FAC 2024-03

MAR 2024 Page 1 of 36

SOLICITATION #: D-25-TR-0067

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)

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.

(End of provision)

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

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

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

MAR 2024 Page 2 of 36 accurately to the best of their knowledge and belief. All answers are to be reflective of the parent and subsidiary levels of an organization.

MAR 2024 Page 3 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.

(End of provision)

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

MAR 2024 Page 4 of 36

SOLICITATION #: D-25-TR-0067

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/

MAR 2024 Page 5 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.

(End of 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.

CONTINUED ON NEXT PAGE

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

MAR 2024 Page 6 of 36

SOLICITATION #: D-25-TR-0012

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)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

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 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/52204-4-printed-or-copied-double-sided-postconsumer-fiber-content-paper 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

MAR 2024 Page 7 of 36

2021)

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.