A28 RFP Foreign Language Training.pdf

Drug Enforcement Administration

Foreign Language Training Arlington, VA

Request for Quote (RFQ) Number:

15DDHQ25R00000011

Date Release: 3 /4/2025 Office of Administration

Table of Content Section 1 SF-1449………………………………………………………………..3

Section 2 Statement of Work…………………………………………………….16

Section 3 Contract Administration……………………………………………….23

Section 4 Contract Clauses/Provisions……………………………………….…..28 Section 5 Instructions to Offeror……………………………………………… Section 6 Evaluation Factors/Award Criteria……………………………………..65 Section 7 List of Exhibits………………………………………………………

15DDHQ25R00000011 Page 3 of 78

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15DDHQ25R00000011

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/04/2025

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

04/04/2025 17:00 ET

CODE9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

611630

SIZE STANDARD:

$20.5M

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

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

OFFER SEE ADDENDUM

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

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

DEA to purchase a 5 year Firm Fixed Price contract for language training. Required languages are the listed in Schedule of Supplies/Services of this form.

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

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

15DDHQ25R00000011 Page 4 of 78

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 11/2021) BACK

15DDHQ25R00000011 Page 5 of 78

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 CLIN 0001 - Arabic

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 CLIN 0002 - Bulgarian

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 CLIN 0003 - Burmese

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 CLIN 0004 - Chinese Mandarin

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 CLIN 0005 - Continental Portuguese

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 CLIN 0006 - Dutch

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 CLIN 0007 - French

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 CLIN 0008 - French-Creole

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 CLIN 0009 - Greek

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 CLIN 0010 - German

PSC: U008

Base Period

0 HR

15DDHQ25R00000011 Page 6 of 78

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 CLIN 0011 - Indonesian

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0012 CLIN 0012 - Italian

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0013 CLIN 0013 - Khmer

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0014 CLIN 0014 - Romanian

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0015 CLIN 0015 - Russian

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0016 CLIN 0016 - Serbo-Croatian

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0017 CLIN 0017 - Spanish

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0018 CLIN 0018- Polish

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0019 CLIN 0019 - Portuguese

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0020 CLIN 0020 - Thai

15DDHQ25R00000011 Page 7 of 78

Base Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0021 CLIN 0021 - Ukrainian

PSC: U008

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 CLIN 1001 - Arabic

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 CLIN 1002 - Bulgarian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 CLIN 1003 - Burmese

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1004 CLIN 1004 - Chinese Mandarin

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1005 CLIN 1005 - Continental Portuguese

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1006 CLIN 1006 - Dutch

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1007 CLIN 1007 - French

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1008 CLIN 1008 - French-Creole

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1009 CLIN 1009 - Greek

PSC: U008

Unexercised Option

15DDHQ25R00000011 Page 8 of 78

1010 CLIN 1010 - German

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1011 CLIN 1011 - Indonesian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1012 CLIN 1012 - Italian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1013 CLIN 1013 - Khmer

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1014 CLIN 1014 - Romanian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1015 CLIN 1015 - Russian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1016 CLIN 1016 - Serbo-Croatian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1017 CLIN 1017 - Spanish

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1018 CLIN 1018 - Polish

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1019 CLIN 1019 - Portuguese

PSC: U008

Unexercised Option

1020 CLIN 1020 - Thai

Unexercised Option

0 HR

15DDHQ25R00000011 Page 9 of 78

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1021 CLIN 1021 - Ukrainian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 CLIN 2001 - Arabic

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 CLIN 2002 - Bulgarian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 CLIN 2003 - Burmese

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2004 CLIN 2004 - Chinese Mandarin

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2005 CLIN 2005 - Continental Portuguese

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2006 CLIN 2006 - Dutch

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2007 CLIN 2007 - French

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2008 CLIN 2008 - French-Creole

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2009 CLIN 2009 - Greek

15DDHQ25R00000011 Page 10 of 78

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2010 CLIN 2010 - German

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2011 CLIN 2011 - Indonesian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2012 CLIN 2012 - Italian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2013 CLIN 2013 - Khmer

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2014 CLIN 2014 - Romanian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2015 CLIN 2015 - Russian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2016 CLIN 2016 - Serbo-Croatian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2017 CLIN 2017 - Spanish

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2018 CLIN 2018 - Polish

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2019 CLIN 2019 - Portuguese

PSC: U008

15DDHQ25R00000011 Page 11 of 78

2020 CLIN 2020 - Thai

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2021 CLIN 2021 - Ukrainian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 CLIN 3001 - Arabic

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 CLIN 3002 - Bulgarian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 CLIN 3003 - Burmese

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3004 CLIN 3004 - Chinese Mandarin

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3005 CLIN 3005 - Continental Portuguese

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3006 CLIN 3006 - Dutch

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3007 CLIN 3007 - French

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3008 CLIN 3008 - French-Creole

PSC: U008

Unexercised Option

3009 CLIN 3009 - Greek

Unexercised Option

0 HR

15DDHQ25R00000011 Page 12 of 78

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3010 CLIN 3010 - German

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3011 CLIN 3011 - Indonesian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3012 CLIN 3012 - Italian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3013 CLIN 3013 - Khmer

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3014 CLIN 3014 - Romanian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3015 CLIN 3015 - Russian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3016 CLIN 3016 - Serbo-Croatian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3017 CLIN 3017 - Spanish

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3018 CLIN 3018 - Polish

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3019 CLIN 3019 - Portuguese

15DDHQ25R00000011 Page 13 of 78

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3020 CLIN 3020 - Thai

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3021 CLIN 3021 - Ukrainian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 CLIN 4001 - Arabic

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 CLIN 4002 - Bulgarian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 CLIN 4003 - Burmese

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4004 CLIN 4004 - Chinese Mandarin

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4005 CLIN 4005 - Continental Portuguese

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4006 CLIN 4006 - Dutch

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4007 CLIN 4007 - French

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4008 CLIN 4008 - French-Creole

PSC: U008

15DDHQ25R00000011 Page 14 of 78

4009 CLIN 4009 - Greek

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4010 CLIN 4010 - German

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4011 CLIN 4011 - Indonesian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4012 CLIN 4012 - Italian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4013 CLIN 4013 - Khmer

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4014 CLIN 4014 - Romanian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4015 CLIN 4015 - Russian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4016 CLIN 4016 - Serbo-Croatian

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4017 CLIN 4017 - Spanish

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4018 CLIN 4018 - Polish

PSC: U008

Unexercised Option

4019 CLIN 4019 - Portuguese

Unexercised Option

0 HR

15DDHQ25R00000011 Page 15 of 78

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4020 CLIN 4020 - Thai

PSC: U008

Unexercised Option

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4021 CLIN 4021 - Ukrainian

PSC: U008

STATEMENT OF WORK

1.0 INTRODUCTION

The Drug Enforcement Administration’s (DEA) Foreign Personnel Unit, Foreign Training and Language Program (OFSP-B) receive regular requests to provide foreign language and language-related training to personnel throughout the United States, language training outside of the United State would be approve on a case by case basis. This is accomplished by the use of foreign language in conducting investigations in areas including domestic and international drug enforcement, terrorism, national and transnational criminal activity foreign counterintelligence, drug dealing, fraud and white-collar crime, cyber-based and high-tech crime and border issues including illegal immigration and smuggling.

2.0 PURPOSE AND OBJECTIVES

• The objective of the SOW is to obtain contractors to provide in-person foreign language/language-related training for the following regions and platforms.

• Obtain advanced language skills per ILR (Inter-Agency Language Roundtable Levels)

• Obtain Language benchmark assessments in both Speaking & Reading (at each 200 hours benchmark for Speaking and Reading, at no charge.)

• Obtain curricula and materials

2.1 Regions

o United States o European o Slavic o Far Eastern o Middle Eastern US Territories [Caribbean and Latin American]

2.2 Platforms (Live, Face-to-Face, Live Virtual)

o Part time o Full time o Intensive o Immersion o Iso-Immersion

2.3 Instructional curricula and materials:

2.3.1 Select or provide the Contractor’s own designed and developed curriculum and materials with a proven performance record for:

• Language training

• Reference (learning materials)

• Pertinent aspects of foreign cultures (linguistic and extra linguistic topics)

• Meet the needs of beginner, intermediate & advanced skills students

• For live classroom presentation delivery through textual, audio, video and computer-based training as a backup only, approved by the government as an extenuating circumstance.

• Benchmark assessment instruments (at each 200-hour benchmark for Speaking and Reading, at no charge.)

• Measure student knowledge and skills based on objectives

2.4 Classrooms and related facilities

2.4.1 Training must be conducted near the location where DEA requires training.

The vendor must provide all the training classrooms required by the DEA at vendor’s expense and each classroom site must be equipped with available Wi-Fi service. These classrooms can be provided for by either of the following:

• At vendor partner facilities

• At Prime Contractor facilities

• Leased office space is acceptable

All classroom spaces must be approved by DEA prior to using to conduct language training.

2.5 Proficiency levels

o 0 to 3 on the Interagency Language Roundtable (ILR) scale o Use variety of language teaching methodologies and techniques o Stress Speaking & Listening comprehension o Reading/writing in support

2.5.1 Survival level (0 - l )

• Greetings and courtesy expressions

• Establish rapport

• Ask questions and understand answers for simple interviews

2.5.2 Intermediate Level (1-2)

• Expand interactive skills to give detailed narrations and descriptions

• Negotiate and solve problems

• Interact effectively with international colleagues.

2.5.2 Higher level (2)

At higher level 2 on the ILR, the student should be able to understand information on familiar topics in a contextualized setting and have the ability to carry out a sustained conversation with others on an expanding variety of general topics. The student should further be able to purchase and describe familiar equipment, negotiate an agreement, establish professional contacts, deal with official procedures, give advice and make suggestions.

• Non-standard language forms (slang, jargon, regional dialects)

• Higher Level (2) is the Proficiency level that applies to the language skill level and the refresher skill level.

• Training category is to be at the Higher Level (2) for speaking and reading and take place with one on one instruction.

3.0 SCOPE OF WORK

The Contractor shall provide qualified Instructors, instructional curricula, materials, and classroom space and related facilities for the achievement of the objectives. DEA will require the contractor provide face-to-face instruction. Any exceptions to the face-to-face instruction requirement, for live computer-based training/video conferencing, will be made on an as needed basis.

Support of the OFSP-B aspects of major investigations may include, but is not limited to, the following tasks:

A. The Contractor shall be required to provide language training for the following languages: Arabic (Modern Standard Arabic and all dialects), Bulgarian, Burmese, Chinese Mandarin, Continental Portuguese, Dutch, French, French-Creole, Greek, German, Indonesian, Italian, Khmer, Romanian, Russian, Serbo-Croatian, Spanish, Polish, Portuguese, Thai, and Ukrainian.

B. The development of the targeted law enforcement curricula and materials necessary to deliver this training is required along with the necessary assessment tools to test personnel language competency per the Interagency Language Roundtable (ILR) language proficiency scale. In addition to the afore-mentioned requirements and due to the worldwide scope of the DEA' s dedicated mission, the OFSP-B also has the following Contractor requirements, contractors shall each provider be a world leader in language training, having a history in the language training field, substantiated by Past Performance Surveys, as specified below; and that the contractor's core worldwide competency is language training.

C. The Contractor shall provide language training in all 50 states, US territories, and commonwealths and all major domestic metropolitan areas with close proximity to a majority of DEA offices (where no location available, contractor will have the ability to lease flexible office space with the approval of DEA). The Contractor will be accessible during normal business hours in all time zones of the continental United States and preferably have a physical presence on both the east and west coasts.

D. The Contractor shall provide language training in the Caribbean to include Puerto Rico.

The Contract will have US based management and Quality Control to ensure that all products and services maintain a high level of quality, and security-based protocols in place throughout the Continental United States (CONUS) to protect the identities of all DEA employees; a dedicated DEA Program Manager to support all quality assurance processes, reporting requirements, and to respond to all quality-related issues and concerns; strong past performance in providing language training to law enforcement with the long-term domestic and international goal of improved cross-agency cooperation, and finally, an hourly rate for CONUS and territory training (all-languages).

E. DEA will receive an initial assessment at no charge, as well as all 200 hour benchmarks, for Speaking and Reading, at no charge which are included in the Statement of Work (SOW). DEA has the option to request a speaking or reading test for DEA employees enrolled in language training and a speaking test for employees not enrolled in language training and who have previous language skills.

4.0 CONTRACTOR PERSONNEL

A. The contractor shall take all necessary steps to ensure that contractor personnel who are selected for assignment to this task order are professionally qualified and personally reliable, of reputable background and sound character, and able to meet all other requirements stipulated in the contract.

B. Contract personnel proposed for this task order must meet specific qualifications associated with each labor category. Resumes are required for all key personnel to determine labor category requirements and to confirm that the contractor possesses the requisite knowledge/skills required for successful performance.

4.1 Key Personnel:

4.1.1 Program Manager: To act as the key personnel and point of contact for the DEA Language Training Program Analyst

Education: Minimum Bachelor Degree Qualifications: Extensive knowledge on Foreign Language and Contract Management Prior Experience: Managing foreign language training requirements describe in the

SOW

4.1.2 Instructors with a minimum of two years of experience.

Education: Associated degree Qualifications: US Citizen, fully proficient in English and the language(s) being instructed, skilled in 1 on 1 teaching setting.

Prior Experience: Teaching and instructional experience in foreign languages.

4.1.3 Training Coordinators available on all of the US time zones Education: Associated degree Qualifications: Knowledge on Foreign Language Training, available while delivering training.

Prior Experience: Supervised foreign language training requirements as describe in the SOW.

4.2 Training proficiencies

o Foreign languages o Foreign cultures o Other language-related areas o Independently or as part of team o Traditional classroom settings

• In-Person o Develop curricula and targeted training materials o Attend meetings with OFSP-B personnel

5.0 GOVERNMENT FURNISHED PROPERTY AND/OR EQUIPMENT

The DEA will not provide any equipment, building space or other property to be used in the delivery and development of training of the awarded vendor.

5.1 Contractor Furnished Resources

The contractor shall provide all personnel, management and supervision. This is non-personnel services requirement, and the contractor is responsible for all hiring, training, recruitment and direction of its personnel. The contractor is responsible for planning, scheduling, and procuring airfare, ground transportation, and lodging accommodations, and providing for meals and miscellaneous expenses. The DEA will not provide any travel reimbursement for any of the previously mentioned contractor expenses in this paragraph.

6.0 SECURITY REQUIREMENTS

The personnel security access level for this contract is Sensitive but Unclassified (SBU). The Government expects the vendor will employ persons of integrity and trustworthiness. Under no circumstances shall contractors have access to National Security Information (NSI) or NSI systems. The Office of Security Programs, Personnel Security Section (ISR) will conduct suitability reviews on all contractor personnel requiring access to DEA facilities, information technology systems, or SBU materials. ISR will make a final suitability determination on each contractor meeting the specified requirements. The contractor will not have access to DEA IT systems, DEA facilities, Sensitive But Unclassified (SBU), or National Security Information.

Accurate statement.

7.0 TRAVEL

If the DEA requires a Contractor to travel to a DEA site, or another government site, to deliver training, the Contractor shall plan, schedule and procure the airfare, lodging accommodations, and ground transportation for all approved travel by Contractor personnel, ensuring that invoiced travel costs are itemized in accordance with the Federal Travel Regulations (FTR) currently in effect. Reference the GSA website, www.gsa.gov, for information pertaining to the FTR. Local travel will not be reimbursed.

8.0 PLACE OF PERFORMANCE

Training shall be conducted in traditional classroom settings, flexible office space, as described in the requisite task order. The Contractor shall provide classroom space and related facilities for training as indicated in SOW. Training can be provided at: Contractor's training centers, partner facilities or contractor leases office/training space. Course facilities shall be within walking distance of public transportation or have available parking spaces.

9.0 PERIOD OF PERFORMANCE

The Government is looking to award a five-year (5) BPA from the date of award. Each BPA call for training will indicate the requisite period of performance for the required services. Orders will be initiated on an as needed basis.

10.0 HOURS OF OPERATION

Course delivery shall be scheduled during normal business hours of 8:00am and 5:00pm (or during the work hours of the language center for an eight (8) hour period) Monday through Friday, excluding federal holidays unless otherwise directed in the requisite task orders.

Part-time training/instruction is considered to be 2-3 consecutive hours two times per week or more with 1 hour of self-study (at no-charge). Full-time training/instruction is considered to be 6 consecutive hours five days per week with 2 hours of self-study (at no charge). Intensive training/instruction is considered to be 8 hours a day. In immersion or iso-immersion training/instruction, students will be placed in an environment where they will engage in activities in the foreign language throughout the entire course of the day, including during meals and on weekends.

11.0 TRANSITION (PHASE-IN/PHASE-OUT)

The contractor shall have a process in place to address the phase-in at the start of the project and phase-out at the end of the task, with minimal disruption to the government operation or mission.

The contactor is responsible for ensuring the transfer of knowledge and data. The transition plan includes the following:

• The contractor key personnel shall be available for the kick-off meeting.

• The contractor shall provide the names of staff to the government within ten (10) business days of award.

• The contractor shall provide security clearance information for all individuals assigned to this task order within ten (10) business days of award.

• At the conclusion of this task order, the contractor shall provide all documentation and material to the COR in electronic format.

12.0 DELIVERABLES

Progress Reports

• At the end of each month with an assessment of the student’s progress and monthly student attendance

• Provide a final report at the end of training to include:

o Student's overall level of achievement o Document student's attendance o Student absences noted to OFSP-B (immediately and in report)

• Instructional curricula and materials

Invoices o All invoices submitted on the 30th of every month

PROGRESS REPORT BENCHMARK

ASSESSMENT

FINAL REPORT INVOICES

Documents monthly progress. Due the 1st business day of the next month

Provided at each 200 hour benchmark for Speaking and Reading, at no charge

Final student assessment and achievement due at the completion of training

All invoices submitted on the 30th of every month

SECTION 3.0 – CONTRACT ADMINISTRATION

4.1 DEA-2852.242-70 CONTRACTOR PERFORMANCE ASSESSMENT

(APR 2020)

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

(b) Performance will be assessed in the following areas from the Statement of Work:

(1) Quality of product or service

(2) Schedule

(3) Cost Control

(4) Business Relations

(5) Management of key personnel

(6) Other appropriate areas.

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

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

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

(f) The Contractor will be provided access to CPARS to review performance assessments. The Contractor shall designate a CPARS point-of-contact for each contract subject to performance assessment reporting. Upon setup of a contract in CPARS, the Contractor’s CPARS point-of- contact will receive a system-generated e-mail with information and instructions for using CPARS. Prior to finalizing any contractor performance assessment, the Contractor shall be given 14 calendar days to review the report and submit comments, rebutting statements, or additional information. Disagreements between the Contractor and the Government performance assessment official will be https://www.acquisition.gov/content/part-42-contract-administration-and-audit-services#i1074222 http://www.cpars.gov/ resolved by a Government Reviewing Official, whose decision on the matter will be final.

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

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

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

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

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

(End of clause)

4.2 DEA-2852.242-71 INVOICE REQUIREMENTS (MAY 2012)

(a) The Contractor shall submit scanned or electronic images of invoice(s) to the following e-mail addresses:

(1) Process Coordinator: lnvoice.lnspections@usdoj.gov

(2) Contract Specialist: Ana Villanueva ana.m.villanueva@dea.gov;

and

(3) Contracting Officer’s Representative: Jamila.k.robinson@dea.gov

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

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

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

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

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

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

(d) Invoices will be rejected if they are illegible or otherwise mailto:lnvoice.lnspections@usdoj.gov mailto:charles.d.ivy@dea.gov unreadable, or if they do not contain the required information or signatures.

(End of clause)

4.3 DEA-2852.242-72 FINAL INVOICE AND RELEASE OF

RESIDUAL FUNDS (MAY 2012)

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

(b) By submission of the final invoice and upon receipt of final payment, the

(c) Contractor releases the Government from any and all claims arising under, or by virtue of, this contract.

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

(d) If residual funds on the contract total $100 or less after payment of the final invoice, the Government will automatically deobligate the residual funds without further communication with the vendor.

(e) If funds greater than $100 remain on this order after payment of the final invoice, the Government will issue a bilateral modification to deobligate the residual funds. The contractor will have up to 30 calendar days after issuance of the modification to sign and return it.

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

(End of clause)

4.4 DEA-2852.242-73 CONTRACTING OFFICER’S REPRESENTATIVE

(MAY

2012)

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

Jamila Robinson Senior Prevention Program Manager Jamila.K.Robinson@dea.gov

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

monitoring the contractor’s performance and progress of the work;

receiving, inspecting, and accepting all deliverables or services provided under the contract; and reviewing all invoices/vouchers submitted for payment.

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

(End of clause)

4.5 DEA-2852.242-74 CONTRACT ADMINISTRATION

POINTS OF CONTACT (MAY 2012)

(U) The Contract Administration Office for this contract is:

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

Contract Specialist/telephone #/email:

Ana Villanueva 571-776-2100 ana.m.villanueva@dea.gov mailto:Paul.M.Lennan@dea.gov mailto:Alycia.Spears@dea.gov

Contracting Officer/telephone #/email:

Andrew Craig 571-776-0978 Andrew.J.Craig@dea.gov

Contracting Officer’s Representative (COR): See DEA-2852.242-73

(End of clause)

4.7 52.219-17 - SECTION 8(A) AWARD (Jan 2017)

RESERVED

4.8 52.219-18 - NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE

8(A) PARTICIPANTS

RESERVED

mailto:Andrew.J.Craig@dea.gov

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

2021)

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

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 https://www.ecfr.gov/current/title-48/section-2852.212-4

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.