Attachment 3 - Provisions 70RFP326QEH000013 9_17_26.pdf

1 FAR Class Deviation 25-21 for FAR Part 12 and Part 17 was issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

SOLICITATION PROVISIONS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in RFO FAR subpart 12.21 and part 13.22, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/far/

The following provisions are hereby incorporated by reference and are applicable to the solicitation:

52.212-1, Instructions to Offerors—Commercial Products and Commercial Services

ADDENDUM TO RFO FAR 52.212-1 INSTRUCTION TO OFFERORS (MAR 2023)

1. Vendors are requested to submit quotes in response to this RFQ via email to Joy Bearley, at joy.bearley@fps.dhs.gov and Marcus Mason at marcus.l.mason@fps.dhs.gov, no later than September 23, 2026 0900AM EST.

RFO FAR 52.212-2 - Evaluation—Commercial Products and Commercial Services (November 2021) The Government will award a contract resulting from this solicitation on the basis of the lowest evaluated price of proposals meeting or exceeding the requirements for acceptability The following factors shall be used to evaluate offers:

• Technical Acceptability

• Price

Quotes that are not submitted in accordance with the solicitation will be considered non-responsive and will not be considered.

1 FAR Class Deviation 25-21 for FAR Part 12 and Part 17 was issued as part of the Revolutionary FAR Overhaul

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO

Technical Specification (Non-price factors) – The Government shall incorporate all elements of the successful Contractor’s technical proposal (in full or by reference) into any contract resulting from this RFQ. The Offeror is required to submit the following technical (non-price) information:

TECHNICAL SPECIFICATIONS:

1. Detailed list of proposed kits to include at a minimum:

a) Equipment model number, part number, quantity, unit of issue, and detailed description of all components packaged within the Canine Explosive Scent Kits.

b) Manufacturer data sheet.

c) Itemized price list.

The Government will evaluate each offeror’s Detailed list of kits. If the minimum information is not included the offeror’s quote will not be evaluated any further.

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

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.

PRICE SUBMISSION:

1. Using the SF1449 Pricing Schedule, the Contractor must submit unit prices and extended prices (i.e.

Unit Price x Estimated Quantity) for every line item listed under each potential ordering period. The Contractor must also provide a Total Estimated Price for each potential ordering period (i.e. the sum of all line items within that performance period). Contractors submitting partial pricing information shall be ineligible for award. The unit price prevails if a discrepancy exists between the unit price and the extended price.

2.The Government shall have the unilateral option of extending the services of this contract for an additional six (6) months at the end of any performance period (base or option periods) in accordance with FAR 52.217-8. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under 52.217-8 (maximum of six months), Options to Extend Services, the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price available under FAR 52.217-9 to the offeror’s total price. This

1 FAR Class Deviation 25-21 for FAR Part 12 and Part 17 was issued as part of the Revolutionary FAR Overhaul

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods exercised in accordance with FAR 52.217-9). Prices for the base and option periods including those available under FAR 52.217-9 and the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s period of performance (base or option periods exercised in accordance with FAR 52.217-9) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period. The Government will determine whether the price, inclusive of all options (including the options available under FAR 52.217-9 and 52.217-8), is fair and reasonable, and whether the price of the base period and all option periods (including the option(s) represented by FAR 52.217-9 and 52.217-8, in combination with the other evaluation factors specified in the solicitation, represents the best value to the Government.

The Contractor’s price shall be inclusive of all the Contractor’s direct costs, indirect costs and profit and shall include all costs associated with providing the kits described in the Statement of Work.

Prices (for the base and option periods including the 6-month option available under FAR 52.217-8) will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the RFQ and as proposed in the technical submission.

The Contractor is cautioned that its proposal may be rejected if it is found to be materially unbalanced in the base period or any option periods. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated.

The Government shall not be responsible for compensating the Contractor for any costs tied to solicitation requirements but not factored into the proposed prices, either by the Contractor’s intention or by mistake.

QUOTATIONS SUBMISSION REQUIREMENTS:

Standard Form 1449, Solicitation/Contract/Order for Commercial Items – When responding to this RFQ the Contractor must use the Standard Form 1449 as a cover page to the proposal. All pages of the SF1449 must be completed to include the Pricing Schedule, which details all CLINs, quantities, unit prices and extended prices.

Acknowledge Amendments (if any)

1 FAR Class Deviation 25-21 for FAR Part 12 and Part 17 was issued as part of the Revolutionary FAR Overhaul

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

Initial Quotes: Contractors are informed that it is the Government’s desire to make award on initial quotes when deemed possible by the Contracting Officer, however the Government reserves the right to communicate and/or negotiate with offerors if later determined necessary.

Validity of Quote: Quotes shall specify the offer expiration date. Offerors shall hold their offers valid for 120 days after the solicitation closing date, unless requested to further extend it by the Contracting Officer.

Non-Compliance with RFQ Requirements: Failure to meet any of the instructions for submission of Offeror quotations may result in the rejection of the Offeror’s quotation.

Basis for Selection: The Government will select the responsible Contractor whose proposal, in conforming to this RFQ, has the lowest evaluated price meeting or exceeding the requirements for acceptability Only apparent successful contractors determined to be responsible pursuant to RFO FAR 9.104-1 will be issued a contract.

Provisions to include as prescribed.

Number Title Source

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Statute

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation Statute

52.204-7 System for Award Management—Registration Statute

52.219-2 Equal Low Bids Statute

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products E.O.

52.225-6 Trade Agreements-Certificate Statute

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications Statute

52.240-90 Security Prohibitions and Exclusions Representations and Certifications Statute

(November 2021)