Brand Name or Equal Solicitation.pdf

United States Marshals Service Procurement Division

Blanket Purchase Agreement Brand Name or Equal

Handheld Acoustic Hailing Devices Hyperspike HS-10R

(i) This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in the Revolutionary Federal Acquisition Regulation Overhaul (RFO) Part 12 as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a separate solicitation will not be issued. Award may be made to the quoter whose quotation represents the lowest price technically acceptable.

NOTE: While the Government anticipates awarding this requirement (subject to the availability of funds), the Government reserves the unilateral right not to make an award.

Solicitation number M-26-A46-R-000141 is issued as a Request for Quotes (RFQ) for the establishment of a single award Blanket Purchase Agreement (BPA) to purchase handheld acoustic hailing devices. The requested Brand Name item is the Hyperspike HS-10R; however, the Government will consider all “equal” items. To be deemed equal, any handheld acoustic hailing device must meet all requirements of the attached Specification Sheet.

Shipping will be F.O.B. Destination to various locations CONUS and OCONUS. Shipping will be cost reimbursable and determined at the call order level.

This acquisition is set aside 100% for total small business concerns. The applicable North American Industry Classification System (NAICS) code is 334310 with a size standard of 750 employees.

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

Potential Offerors are highly encouraged to review all information contained in the solicitation prior to submitting an offer. Failure to submit any of the required information, or failure to follow instructions may render the quotation ineligible for award consideration.

The Government is not liable for any expense(s) incurred by Offerors in the preparation and submission of offers, and the Government will not reimburse any Offeror for these expenses. All submissions become the property of the USMS and will not be returned to any Offeror.

The Government anticipates selecting the best-suited offer from the initial responses received without engaging in exchanges with Offerors; however, the Government reserves the unilateral right to engage in exchanges at the discretion of the CO. Offerors are strongly encouraged to submit their best technical solution and price proposal in their initial response.

Upon review and acceptance of the apparently successful Offeror’s offer, the Government reserves the right to communicate with ONLY that Offeror to address any remaining issues (if necessary) and to finalize an award with that Offeror. Issues may include, but are not limited to, price and responsibility matters. If the remaining issues cannot be satisfactorily addressed with the apparently successful Offeror, as determined solely at the discretion of the Government, the Government reserves the right to communicate with the next best-suited Offeror based on the original analysis. At this point no further communications will be held with the previous Offeror until after an award has been made. This process will continue until an agreement is successfully reached and an award is made. Award may not be made unless an agreement can be secured for all terms and conditions.

(ii) See included Specification Sheet for product requirements.

(iii) See included Pricing Sheet for required pricing submission format. NOTE: BPA CLIN structure will follow the Pricing Sheet format.

(iv) This action is to establish the BPA. Delivery date and locations will be established in individual call orders.

(v) The following solicitation provisions apply to this acquisition in accordance with RFO 12.205(a):

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements – Representation 52.204-7 System for Award Management – Registration 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services 52.217-5 Evaluation of Options (JUL 1990) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020)

(vi) The following contract clauses apply to the acquisition in accordance with RFO 12.205(b):

52.203-17 Contractor Employee Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-9 Personal Identity Verification of Contractor Personnel 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.212-4 Terms and Conditions – Commercial Products and Commercial Services 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 52.219-8 Utilization of Small Business Concerns 52.219-9 Small Business Subcontracting Plan 52.222-3 Convict Labor 52.222-19 Child Labor – Cooperation with Authorities and Remedies 52.222-35 Equal Opportunity for Veterans 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-50 Combating Trafficking in Persons 52.222-90 Addressing DEI Discrimination by Federal Contractors 52.224-3 Privacy Training 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-18 Availability of Funds (APR 1984) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management 52.232-36 Payment by Third Party

52.233-3 Protest After Award 2852.201-70 Contracting Officer’s Representative (COR)(NOV 2020) 2852.212-4 Contract Terms and Conditions. Commercial Items (NOV 2020) DOJ-01 Whistleblower Information Distribution (OCT 2021) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 Personnel Security Requirement for Contractor Employees (NOV 2021) DOJ-05 Security of Department Information and Systems (OCT 2023) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or Other National Emergency (OCT 2027) USMS-0002 Release of Residual Funds (Greater Than $100) USMS-0003 Acceleration of Payments to Small Businesses USMS-0004 Representations Regarding Felony Conviction Under Any Federal Law Or Unpaid Delinquent Tax Liability (DEV 2012-02)(JAN 2012) USMS-0008 Productive/Non-Productive Language USMS-0009 Non-Disclosure and Confidentiality Agreement USMS-0010 Contract/Order Closeout – Fixed-Price, Time-and-Materials, or Labor Hour USMS-0012 Contracting Officer’s Representative USMS-0013 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)(JAN 2018) USMS-0015 The Performance Work Statement is Hereby Incorporated Into the Contract Instrument

(vii) All questions AND submissions MUST reference RFQ number M-26-A46-R-000141 in the subject/memo line of the email. Failure to do so may result in your questions and/or submission being inadvertently missed, not addressed or not considered.

All questions regarding this solicitation are due no-later-than 4:00 PM EST on 22 September 2026. All questions must be submitted in writing to both of the following:

Christopher Jones, Contracting Officer at christopher.jones10@usdoj.gov Julie Simpson, Assistant Chief at julie.simpson@usdoj.gov.

All offers/quotes regarding this solicitation are due no-later-than 4:00 PM EST on 24 September 2026. All offers/quotes must be submitted in writing to both of the following:

Christopher Jones, Contracting Officer at christopher.jones10@usdoj.gov Julie Simpson, Assistant Chief at julie.simpson@usdoj.gov.

(viii) This requirement will be conducted under North American Industry Classification System (NAICS) code 334310 – Audio and Video Equipment Manufacturing with a size standard of 750 employees. All offerors must be registered in the System for Award Management (SAM) for “All Awards” prior to submitting a quote. SAM can be accessed at www.sam.gov.

Evaluation Factors Follow

EVALUATION FACTORS

This is a “Brand Name or Equal” procurement. Only the brand name item, or an item that meets the specified characteristics will be considered. If you are not presenting the preferred brand name item, you must clearly demonstrate how your item meets the requirements.

This will be a Lowest Price Technically Acceptable procurement. Your quoted items must meet the required minimum specifications to be deemed “technically acceptable.”

In accordance with RFO 12.203 Evaluation, the following two (2) evaluation factors, listed in order of importance, will be used in the evaluation of all responses to this solicitation:

(1) Technical Acceptability: The Government will evaluate the quoter’s submitted product to verify whether it meets the technical specifications identified.

(2) Price: Price will be evaluated for completeness, reasonableness, and consistency with the solicitation requirements.