CSDP RFQ.pdf

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with FAR 12.201-1 (deviated). This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued. This acquisition is not set-aside for small business concerns.

Solicitation number AA-NTI-SE-O-26-00020 is issued as a Request for Quotation (RFQ) for a Crowdsourced Data Program solution.

This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov and eCFR :: 48 CFR Chapter 13 -- Department of Commerce

(CAR).

http://www.acquisition.gov/ https://www.ecfr.gov/current/title-48/chapter-13 https://www.ecfr.gov/current/title-48/chapter-13

Table of Contents

1.0 General Information

1.1 Purpose

1.3 Phases of Acquisition

2.0 Phase 1 Quotation Preparation Instructions

2.1 Phase I

3.0 Phase II Quotation Preparation Instructions

3.1 Phase II

4.0 Evaluation Method and Factors

4.1 Evaluation Method

4.2 Evaluation Factors

4.3 Communicating Innovative Techniques with Industry

5.0 Provisions & Clauses

6.0 Attachments

1.0 General Information

1.1 Purpose

This Request for Quote (RFQ) solicits quotes for a Crowdsourced Data Program solution for the FirstNet Authority, an independent authority within the National Telecommunications and Information Administration (NTIA) under the Department of Commerce.

This will result in the establishment of a Purchase Order for a Firm-Fixed-Price (FFP) commercial solution. The requirements are described in the attached Statement of Work (SOW) (Attachment 1). The Purchase Order period of performance will be a 12-month base period plus four (4) 12-month option periods.

1.3 Phases of Acquisition

This RFQ follows a two (2) phased approach: Phase I begins with the evaluation of Demonstrated Prior Experience and response to three (3) technical questions. Phase II focuses on the evaluation of the Technical Solution with demo and Price. The Phase I activities aim to help potential Quoters decide whether to participate by offering transparent information before investing significant time, financial resources, and effort in preparing solicitation responses.

Phase I and Phase II submittals shall be submitted via email to: claire.rotruck@firstnet.gov and adam.powell@firstnet.gov. Acceptable evidence to establish the time of receipt will be based on the receipt date/time stamp in the emailed quotation submission.

Due Date/Time: Questions relevant to this RFQ must be submitted via email to: claire.rotruck@firstnet.gov and adam.powell@firstnet.gov Questions are due no later than 12:00 noon EST on November 25, 2025.

CAR 1352.215-72 – Inquiries (APR 2010): Quoters must submit all questions concerning this solicitation in writing electronically to the aforementioned Government POCs by the provided due date. Any responses to questions will be made in writing without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

The Government does not intend to provide a response to questions submitted after the due date, and quoters will not receive a Federal Government response until all questions have been received by the due date.

Quotation documents shall comply with the following limitations and characteristics:

• Do not include marketing materials on volumes.

• Margins (Top, Bottom, Right and Left) no smaller than 1" (headers and footers are allowed in the margins)

• Submission shall be provided in electronic format only

• All font, including graphics and tables are to be Times New Roman, font size 12 with no exceptions

• Quotes shall be submitted in a format readable by and searchable in Microsoft (MS) Office 2007 (or later), MS Word, MS Excel, or in text searchable PDF format, as applicable.

• All Volumes shall be submitted as separate attachments under one email to claire.rotruck@firstnet.gov and adam.powell@firstnet.gov mailto:claire.rotruck@firstnet.gov mailto:adam.powell@firstnet.gov mailto:claire.rotruck@firstnet.gov mailto:adam.powell@firstnet.gov mailto:claire.rotruck@firstnet.gov mailto:adam.powell@firstnet.gov

• Failure to submit any of the information requested in this RFQ during the date and time frame allotted for each phase may lead to the rejection of the quotation.

2.0 Phase 1 Quotation Preparation Instructions

Due Date/Time: Phase I submissions are due no later than 12:00 noon EST on December 10, 2025.

2.1 Phase I

PHASE I SUBMISSION

Factor 1 – Response to Technical Questions:

• Volume One (1): Narrative response to three (3) technical questions (100 word-limit response for each answer) Factor 2 – Demonstrated Prior Experience:

• Volume Two (2): Demonstrated Prior Experience Narrative (500 word-limit response per experience)

Factor 1 - Response to Technical Questions Volume:

The Quoter shall provide a narrative response to each of the below questions. The quoter shall provide more than a yes/no answer to each question. Written response content that extends beyond any specified total word count will not be considered.

1. The Quoter’s technical solution must gather data directly from mobile devices through the Quoter’s own software development kits (SDKs), applications, or comparable proprietary collection mechanisms.

Quoters that rely on, resell, or re-package data collected by other companies will not be considered responsive to this requirement. As part of your firm’s technical solution, is your firm the original collector of crowdsourced wireless network performance data?

2. The Quoter’s technical solution must directly collect crowdsourced records from both Android and iOS mobile devices. While it is understood that iOS devices provide a narrower set of performance indicators compared to Android, inclusion of iOS records is required to ensure representative device density and analytics across both major operating system platforms. Quoters that omit collection from either platform will be considered non-responsive. As part of your firm’s technical solution, does your firm collect crowdsourced records from both Android and iOS mobile devices?

3. The Quoter’s technical solution must provide crowdsourced data collected from millions of unique mobile devices on a daily basis, ensuring sufficient statistical depth for network performance and density analysis. The data must include measurements from all commercial wireless operators within the United States and its territories, without limitation to a subset of carriers or geographic regions. Quoters that cannot demonstrate both broad device participation and full carrier representation will be considered non-responsive. As part of your firm’s technical solution, does your firm’s collection of crowdsourced records include both broad device participation and full carrier representation?

Factor 2 - Demonstrated Prior Experience Volume:

The Quoter shall provide up to three (3) prior experiences. The Quoter shall detail its demonstrated prior experience as it aligns to the requirements of the SOW as a Prime or Subcontractor, however, experience as a prime may instill higher confidence. The Quoter shall provide sufficient information for the Government to evaluate its level of confidence that the prior experience and/or capability described reflects contracts of similar size, scope and complexity with the RFQ requirements. The Quoter may only cite contracts or projects as a reference if the work is ongoing or has been completed within the last 36 months from the release date of this solicitation. Experience may come from both Federal and commercial contracts, but federal contracts may instill higher confidence. Each description shall include the following information:

• Brief description of the scope

• Contract/task order/agreement number

• Period of Performance

• Contract amount

• Customer/Client

• Role as prime contractor or subcontractor

• Reference information for Contracting Officer’s Representative (COR), Program Manager (PM), or equivalent individual (not the Contracting Officer). Include the name, email, phone number for each provided reference.

3.0 Phase II Quotation Preparation Instructions

Advisory Notification:

After the Government completes its evaluation of the Phase I submissions, the Quoter will receive an advisory notification via e-mail from the Government. This notification will serve as the Government’s advisory recommendation to proceed or not to proceed with a Phase II submission. Quoters who are most highly rated for Factors 1 and 2 combined will be invited to proceed with the Phase II quotation submission. Quoters who are not among the most highly rated will be advised that they are unlikely to be viable competitors and recommended not to proceed further. The intent of this advice is to minimize quotation preparation costs for those Quoters with little-to-no chance of receiving an award.

If a Quoter receives an advisory notification to proceed to Phase II, the Quoter shall send an email to claire.rotruck@firstnet.gov and adam.powell@firstnet.gov no later than 12:00 noon EST on the fourth (4th) business day after receipt of the advisory recommendation, indicating their intent to participate in Phase II.

After the Government receives notice from the Quoter stating their intent to participate in Phase II, the Government will send a response email indicating the Phase II submission due date.

If a Quoter receives an advisory notification not to proceed to Phase II, but still chooses to participate in Phase II, the Quoter shall send an email to claire.rotruck@firstnet.gov and adam.powell@firstnet.gov no later than 12:00 noon EST on the fourth (4th) business day after receipt of the advisory recommendation, indicating their intent to participate in Phase II. After the Government receives notice from the Quoter stating their intent to participate in Phase II, the Government will send a response email indicating the Phase II submission due date.

3.1 Phase II

PHASE II SUBMISSION

Factor 3 – Technical Solution:

• Volume Three (3): Proposed technical solution meeting all requirements of the SOW (30 page-limit response) and a live demonstration of the proposed solution

Factor 4 – Price

• Volume Four (4): Price

Technical Solution Volume:

mailto:adam.powell@firstnet.gov mailto:adam.powell@firstnet.gov

The Quoter shall prepare a detailed quote describing the proposed technical solution and demonstrating its ability to meet all stated requirements of the Statement of Work (SOW).

As part of its response, the Quoter shall describe the number of devices presently providing data. The Quoter shall describe the geographic scope of volume of data collected across the 56 states and territories. Specifically:

a. The Quoter shall provide the total number of daily unique users observed during the period mm/01/2025 through mm/31/2025. Unique users must be reported separately for iOS and Android devices. Counts shall reflect the number of distinct devices observed per day and shall not double count a single device within the same day.

Date iOS Unique Users Android Unique Users mm/1/2025 mm/2/2025 mm/30/2025 mm/31/2025

b. The Quoter shall provide the total count of unique Geohash 7 cells meeting all the following conditions, reported separately for each listed carrier, limited to records collected during the 12-month period ending mm/31/2025:

i. Each Geohash 7 must include at least 50 unique crowdsourced signal strength coverage records (cellular non-null records only, excluding Wi-Fi); and Each Geohash 7 must include records from at least 2 unique device models.

Qualifying Geohash 7 Cells State/Territory ASTCA AT&T DoCoMo FirstNet Liberty T-Mobile Verizon Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan

Qualifying Geohash 7 Cells State/Territory ASTCA AT&T DoCoMo FirstNet Liberty T-Mobile Verizon Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming American Samoa Guam Northern Mariana Islands Puerto Rico U.S. Virgin Islands

TOTALS

Additionally, Quoters may propose additional features or functionalities included in their solution not specifically required by the SOW.

The Quoter shall provide a two-hour live virtual demonstration via Microsoft Teams of the proposed technical solution. This shall include a maximum 1.5 hour live demonstration of the proposed crowdsourced analytics platform and access to raw data, and the remainder of time for the Quoter to address the Government’s questions regarding the demonstrated solution. The Government will coordinate the date and time of the demonstration upon receipt of Phase II submissions.

Exchanges during Live Virtual Demonstration: The Government intends for the live virtual demonstration to be an interactive dialogue between the Quoter and the Government. These exchanges are viewed as a component of the oral presentation itself and do not constitute discussions.

Price Volume:

This section consists of the pricing and business terms associated with the Quote to enter into an agreement to perform the desired work. The Quoter shall submit sufficiently detailed information in the price volume to permit the Contracting Officer and authorized representatives to evaluate the quote for completeness, fairness and reasonability.

A. Completed/Signed SF 1449

The Standard Form 1449 is to be executed fully with original signature and included in this volume.

The person signing shall have the authority to legally bind the Contractor to all provisions of the quote, fully recognizing that the Government has the right, by the terms of the solicitation, to make an award without discussions if it so elects. The minimum quote validity period is 90 calendar days unless the Contractor proposes to offer a longer validity period at time of quote submission.

B. Signed Amendments (if any)

The Quoter shall include executed (signed) SF30 forms acknowledging all amendments that have been issued for this solicitation.

C. Pricing

The Quoter shall include a Firm Fixed Price (FFP) for each CLIN listed in the SOW, inclusive of any discounts, total price per performance period, and total overall price.

4.0 Evaluation Method and Factors

4.1 Evaluation Method

a. The Government anticipates awarding a Firm Fixed Price Purchase Order resulting from this RFQ to the responsible Vendor whose quote is determined to provide best value to the Government, considering both price and non-price factors.

b. In determining which quote provides the best value to the Government, an integrated evaluation and assessment of Quoters will be conducted and the Government will make award to the Quoter’s solution that provides the overall best value to the Government.

c. The evaluation includes the following non-price factors in descending order of importance:

Factor 3 – Technical Solution w/ demo Factor 1 – Response to Technical Questions Factor 2 – Demonstrated Prior Experience

Phase I (Factors 1 & 2) will be evaluated using confidence ratings with a rating scale of High Confidence, Some Confidence, and Low Confidence, representing the technical team’s confidence that the Quoter understands the requirement and will be successful in performing the work. Factors 1 & 2 will each receive an individual confidence rating as outlined in the table below; there will not be an overall or roll-up confidence rating for the nonprice factors.

High Confidence

The Government has high confidence that the Quoter understands the requirement, proposes a sound approach, and will be successful in performing the agreement with little or no Government intervention.

Some Confidence

The Government has some confidence that the Quoter understands the requirement, proposes a sound approach, and will be successful in performing the agreement with some Government intervention.

Low Confidence

The Government has low confidence that the Quoter understands the requirement, proposes a sound approach or will be successful in performing the agreement even with Government intervention.

Following receipt of Phase II quotes, the Government will perform a comparative evaluation (comparing Quoter responses to one another) of all Factors 1-4, to select the Quoter that is best suited and provides the best value to fulfill the requirements based on the Quoters responses to this RFQ. Where a Quoter’s response simply meets the minimum requirements, no comparative aspects may be identified.

d. Price (Factor 4) evaluation will be of the total overall price of the base period plus all option periods (four (4) one-year options periods and one six-month option period pursuant to 52.217-8). The contracting officer will make a determination of price fair and reasonableness pursuant to FAR Part 12.204(a).

e. Quotes will also be reviewed for compliance with instructions. Quotes that are determined “Non-compliant” with solicitation instructions may be removed from consideration for award during evaluation.

f. The Government reserves the right to waive any minor informality or irregularity in the quotations received.

g. The Government anticipates selecting awardees based on initial quotes, without engaging in exchanges with Quoters. Quoters are thus strongly encouraged to submit their best technical solutions and price in response to this RFQ. The Government reserves the right to request additional information, however, such as revisions to correct minor clerical errors, or to request additional discounts if it is in the Government’s best interest to do so.

h. This method does not use any aspects of FAR subpart 15.3.

i. Exchanges with Best-Suited Contractor(s): The Government anticipates selecting the best-suited Quoters from initial responses without engaging in exchanges with Quoters. Therefore, Quoters are strongly encouraged to submit their best technical and pricing quotes in response to this RFQ. Once the Government determines the Quoter that is the best-suited (i.e., the apparent successful Quoter), the Government reserves the right to communicate with only that Quoter to address any remaining issues, if necessary, and finalize an agreement with that Quoter. These issues may include anything in the non-price or price factors. Additionally, the quoter may be offered the opportunity to remedy any issues, if they exist for any factor, prior to establishment of the agreement. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the Government, the Government reserves the right to communicate with the next best-suited Quoter based on the original analysis and address any remaining issues. Once the Government has begun communications with the next best-suited Quoter, no further communications with the previous Quoter will be entertained until after the agreement has been awarded.

4.2 Evaluation Factors

The following factors will be used to evaluate quotes.

1. Phase I: Factor 1 - Response to Technical Questions

The Government will evaluate the Quoter’s response to the three (3) technical questions contained herein.

2. Phase I: Factor 2 – Demonstrated Prior Experience

The Government will evaluate the Quoter’s prior experience as it aligns to the requirements of the SOW. There are up to three (3) experience narratives and each one is given a 500-word limit.

3. Phase II: Factor 3 – Written Technical Solution with Live Virtual Demonstration

The Government will evaluate the Quoter’s detailed quote and two-hour live virtual demonstration based on how well the proposed solution meets all stated requirements of the SOW. Only the live virtual demonstration and written content of the quote within the page limitation will be evaluated; the Government will not review hyperlinked material.

4. Phase II: Factor 4 - Price

The Government will evaluate the completeness, fairness and reasonability of the price quote.

4.3 Communicating Innovative Techniques with Industry

This solicitation encompasses several innovative procurement techniques. To increase transparency of them with industry, they are listed below. The PTAI, Acquisition Gateway includes a full tile sharing the description, problems solved, benefits of use, small business benefit, and real sample documents (including training aids) for each.

Communicating Innovative Techniques with Industry (CITI) Down-Selects Technical Demonstration Confidence Ratings Comparative Evaluation On-the-Spot Consensus Evaluation Select best suited, then negotiate Streamlined Documentation

5.0 Provisions & Clauses

Provisions:

https://acquisitiongateway.gov/periodic-table

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2024)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

52.204-7 System for Award Management—Registration (Nov 2024)

52.212-1 Instructions to Offerors—Commercial Products & Services (Deviation Nov 2025)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

52.212-2 Evaluation—Commercial Products & Services (Deviation Nov 2025)

(a) Evaluation factors. 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 will be used to evaluate offers:

Technical Solution w/ demo, Response to Technical Questions, Demonstrated Prior Experience, Price.

(b) Options (if applicable). 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. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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)

52.217-5 Evaluation of Options (Jul 1990)

52.217-8 Options to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by executing a modification within 7 days prior to expiration of the period of performance.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days prior to expiration of the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5.5 years.

(End of clause)

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Deviation Aug 2025)

(a) Definitions. As used in this clause— Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C.

7701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C.

5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)

(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury IRS Form W-14, Certificate of Foreign Contracting Party https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim

Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor—

(i) Is a foreign person; and

(ii) Has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding; and

(iii) Certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax; then the Contractor shall–

(A) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(B) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations.

A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause) https://www.irs.gov/w14 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/help/tax-law-questions

Clauses:

52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government (Nov 2021)

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-13 System for Award Management—Maintenance (Oct 2018)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jan 2025)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.212-4 Terms and Conditions—Commercial Products & Commercial Services (Deviation Nov 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;

or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

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

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022)

52.219-8 Utilization of Small Business Concerns (Jan 2025)

52.219-9 Small Business Subcontracting Plan (Jan 2025)

52.219-14 Limitations on Subcontracting (Oct 2022)

52.219-16 Liquidated Damages—Subcontracting Plan (Sep 2021)

52.222-3 Convict Labor (Jun 2003)

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2025)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-50 Combating Trafficking in Persons (Oct 2025)

52.223-23 Sustainable Products and Services (May 2024) (Deviation Feb 2025)

(a) Definitions. As used in this clause— Sustainable product means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) ( https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) ( https://www.biopreferred.gov/).

https://www.epa.gov/smm/…