D01 Award Vendor and CO signed.pdf

15DDHQ24C00000010 Page 1 of 65

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

D-24-IG-0011

PAGE 1 OF

5. SOLICITATION NUMBER2. CONTRACT NUMBER

15DDHQ24C00000010

3. AWARD/EFFECTIVE

DATE

SEE BLOCK 31C

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

CODE 15DDHQ

DEA

Attn: Office of Acquisition (FA)

8701 Morrissette Drive

Springfield, VA 22152-1080

9. ISSUED BY UNRESTRICTED OR SET ASIDE: % FOR

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):

SIZE STANDARD:

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15DD1GCODE15. DELIVER TO

DEA

Attn: Office of Inspections (IG) 8701 Morrissette Drive Springfield, VA 22152-1080

CODE 15DDHQ16. ADMINISTERED BY

DEA

Attn: Office of Acquisition (FA) 8701 Morrissette Drive Springfield, VA 22152-1080

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

TATITLEK MANAGEMENT SERVICES, INC

561 E 36TH AVE STE 400

ANCHORAGE, AK 99503-4170

UEI: FETUZVEP11M6

D-HQCODE18a. PAYMENT WILL BE MADE BY

DEA

Attn: Office of Inspections (IG) Invoice.Inspections@dea.gov Springfield, VA 22152

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

Five-year contract (1 base period/ 4 option years) for guard services at Aviation, EPIC, & Quantico. Vendor shall provide services in accordance with the attached Statement of Work. CLINs 0001-1110 are awarded and funded by this award.

Firm Fixed Price

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

25. ACCOUNTING AND APPROPRIATION DATA

DEA-2024-2024-S1D-IS-1530320-DOM-G2-SEC-25403-IS004-1530320-2024

26. TOTAL AWARD AMOUNT (For Government Use Only)

$15,108,592.60 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 ARE NOT ATTACHED

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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)

Craig, Andrew J.

31c. DATE SIGNED

07/26/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10 May 2024

13 June 2024/ 10am EST

15DDHQ24R00000024

X 100

X

561612

$29M

Robert J Ruggiero 07/30/2024

15DDHQ24C00000010 Page 2 of 65

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

15DDHQ24C00000010 Page 3 of 65

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 CLIN 0001

Period of Performance 09/16/2024 - 09/15/2025

Aviation Post 1 - Main Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

8,760 $56.42000 $494,239.20

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 CLIN 0002

Period of Performance 09/16/2024 - 09/15/2025

Aviation Post 2 - Taxiway Post 24/7

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

8,760 $56.42000 $494,239.20

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 CLIN 0003

Period of Performance 09/16/2024 - 09/15/2025

Aviation Post 4 - Site Supervisor 8 hrs/day Mon-Fri no weekends/ holidays

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

2,008 $53.52000 $107,468.16

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 CLIN 0004

Period of Performance 09/16/2024 - 09/15/2025

EPIC Post 1 - Main Entrance Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

8,760 $44.31000 $388,155.60

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 CLIN 0005

Period of Performance 09/16/2024 - 09/15/2025

EPIC Post 2 - Access Control/Visitor Screening 12 hours/day Mon- Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

3,012 $44.85000 $135,088.20

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 CLIN 0006

Period of Performance 09/16/2024 - 09/15/2025

EPIC Post 3 - West Parking Lot Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

8,760 $44.31000 $388,155.60

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 CLIN 0007

Period of Performance 09/16/2024 - 09/15/2025

EPIC Post 4 - Site Supervisor 8 hours/day Mon-Fri no weekends/ holidays

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

2,008

15DDHQ24C00000010 Page 4 of 65

$40.76000 $81,846.08

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0008 CLIN 0008

Period of Performance 09/16/2024 - 09/15/2025

Quantico Post 1 - Access Control/Visitor Screening 12 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

3,012 $62.73000 $188,942.76

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0009 CLIN 0009

Period of Performance 09/16/2024 - 09/15/2025

Quantico Post 2 - Access Control 24/7

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

8,760 $63.55000 $556,698.00

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0010 CLIN 0010

Period of Performance 09/16/2024 - 09/15/2025

Quantico Post 3 - Site Supervisor 8 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2024 - 09/15/2025

2,008 $57.93000 $116,323.44

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 CLIN 1001

Period of Performance 09/16/2025 - 09/15/2026

Aviation Post 1 - Main Gate 24/4

PSC: S206

Line Period of Performance: 09/16/2025 - 09/15/2026

8,760 $58.56000 $512,985.60

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 CLIN 1002

Period of Performance 09/16/2025 - 09/15/2026

Aviation Post 2 - Taxiway Post 24/7

PSC: S206

Line Period of Performance: 09/16/2025 - 09/15/2026

8,760 $58.56000 $512,985.60

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 CLIN 1003

Period of Performance 09/16/2025 - 09/15/2026

Aviation Post 4 - Site Supervisor 8 hours/day Mon-Fri no weekends/holidays.

PSC: S206

Line Period of Performance: 09/16/2025 - 09/15/2026

2,008 $52.38000 $105,179.04

15DDHQ24C00000010 Page of 65

1004 CLIN 1004

Period of Performance 09/16/2025 - 09/15/2026

EPIC Post 1 - Main Entrance Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2025 - 09/15/2026

8,760 $44.69000 $391,484.40

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1005 CLIN 1005

Period of Performance 09/16/2025 - 09/15/2026

EPIC Post 2 - Access Control/Visitor Screening 12 hours/day Mon- Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2025 - 09/15/2026

3,012 $45.02000 $135,600.24

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1006 CLIN 1006

Period of Performance 09/16/2025 - 09/15/2026

EPIC Post 3 - West Parking Lot Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2025 - 09/15/2026

8,760 $44.69000 $391,484.40

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1007 CLIN 1007

Period of Performance 09/16/2025 - 09/15/2026

EPIC Post 4 - Site Supervisor 8 hours/day Mon-Fri no weekends/ holidays

PSC: S206

Line Period of Performance: 09/16/2025 - 09/15/2026

2,008 $39.62000 $79,556.96

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1008 CLIN 1008

Period of Performance 09/16/2025 - 09/15/2026

Quantico Post 1 - Access Control/Visitor Screening 12 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2025 - 09/15/2026

3,012 $61.21000 $184,364.52

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1009 CLIN 1009

Period of Performance 09/16/2025 - 09/15/2026

Quantico Post 2 - Access Control 24/7

PSC: S206

Line Period of Performance: 09/16/2025 - 09/15/2026

8,760 $62.24000 $545,222.40

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1010 CLIN 1010

Period of Performance 09/16/2025 - 09/15/2026

Quantico Post 3 - Site Supervisor 8 hours/day Mon-Fri no weekends/holidays

PSC: S206

2,008 $56.78000 $114,014.24

15DDHQ24C00000010 Page 6 of 65

Line Period of Performance: 09/16/2025 - 09/15/2026

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 CLIN 2001

Period of Performance 09/16/2026 - 09/15/2027

Aviation Post 1 - Main Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

8,760 $61.42000 $538,039.20

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 CLIN 2002

Period of Performance 09/16/2026 - 09/15/2027

Aviation Post 2 - Taxiway Post 24/7

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

8,760 $61.42000 $538,039.20

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 CLIN 2003

Period of Performance 09/16/2026 - 09/15/2027

Aviation Post 4 - Site Supervisor 8 hour/day Mon-Fri no weekends/ holidays

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

2,008 $52.36000 $105,138.88

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2004 CLIN 2004

Period of Performance 09/16/2026 - 09/15/2027

EPIC Post 1 - Main Entrance Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

8,760 $46.43000 $406,726.80

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2005 CLIN 2005

Period of Performance 09/16/2026 - 09/15/2027

Epic Post 2 - Access Control/Visitor Screening 12 hours/day Mon- Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

3,012 $46.78000 $140,901.36

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2006 CLIN 2006

Period of Performance 09/16/2026 - 09/15/2027

EPIC Post 3 - West Parking Lot Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

8,760 $46.43000 $406,726.80

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2007 CLIN 2007

Period of Performance 09/16/2026 - 09/15/2027

EPIC Post 4 - Site Supervisor for 8 hours/day Mon-Fri no weekends/holidays

2,008 $39.60000 $79,516.80

15DDHQ24C00000010 Page 7 of 65

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2008 CLIN 2008

Period of Performance 09/16/2026 - 09/15/2027

Quantico Post 1 - Access Control/Visitor Screening 12 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

3,012 $61.19000 $184,304.28

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2009 CLIN 2009

Period of Performance 09/16/2026 - 09/15/2027

Quantico Post 2 - Access Control 24/7

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

8,760 $62.22000 $545,047.20

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2010 CLIN 2010

Period of Performance 09/16/2026 - 09/15/2027

Quantico Post 3 - Site Supervisor 8 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2026 - 09/15/2027

2,008 $56.77000 $113,994.16

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 CLIN 3001

Period of Performance 09/16/2027 - 09/15/2028

Aviation Post 1 - Main Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2027 - 09/15/2028

8,784 $61.44000 $539,688.96

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 CLIN 3002

Period of Performance 09/16/2027 - 09/15/2028

Aviation Post 2 - Taxiway Post 24/7

PSC: S206

Line Period of Performance: 09/16/2027 - 09/15/2028

8,784 $61.44000 $539,688.96

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 CLIN 3003

Period of Performance 09/16/2027 - 09/15/2028

Aviation Post 4 - Site Supervisor 8 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2027 - 09/15/2028

2,008 $52.39000 $105,199.12

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3004 CLIN 3004

Period of Performance 09/16/2027 - 09/15/2028

8,784 $46.45000 $408,016.80

15DDHQ24C00000010 Page 8 of 65

EPIC Post 1 - Main Entrance Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2027 - 09/15/2028

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3005 CLIN 3005

Period of Performance 09/16/2027 - 09/15/2028

EPIC Post 2 - Access Control/Visitor Screening 12 hours/days Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2027 - 09/15/2028

3,020 $46.81000 $141,366.20

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3006 CLIN 3006

Period of Performance 09/16/2027 - 09/15/2028

EPIC Post 3 - West Parking Lot Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2027 - 09/15/2028

8,784 $46.45000 $408,016.80

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3007 CLIN 3007

Period of Performance 09/16/2027 - 09/15/2028

EPIC Post 4 - Site Supervisor 8 hours/days Mon-Fri no weekends/ holidays

PSC: S206

Line Period of Performance: 09/16/2027 - 09/15/2028

2,008 $39.63000 $79,577.04

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3008 CLIN 3008

Period of Performance 09/16/2027 - 09/15/2028

Quantico Post 1 - Access Control/Visitor Screening 12 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/15/2027 - 09/16/2028

3,020 $61.23000 $184,914.60

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3009 CLIN 3009

Period of Performance 09/16/2027 - 09/15/2028

Quantico Post 2 - Access Control 24/7

PSC: S206

Line Period of Performance: 09/16/2027 - 09/16/2028

8,784 $62.23000 $546,628.32

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3010 CLIN 3010

Period of Performance 09/16/2027 - 09/15/2028

Quantico Post 3 - Site Supervisor 8 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2027 - 09/15/2028

2,008 $56.79000 $114,034.32

4001 CLIN 4001

Period of Performance 09/16/2028 - 09/15/2029

Aviation Post 1 - Main Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

8,760

15DDHQ24C00000010 Page 9 of 65

$61.43000 $538,126.80

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 CLIN 4002

Period of Performance 09/16/2028 - 09/15/2029

Aviation Post 2 - Taxiway Post 24/7

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

8,760 $61.43000 $538,126.80

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 CLIN 4003

Period of Performance 09/16/2028 - 09/15/2029

Aviation Post 4 - Site Supervisor 8 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

2,008 $52.37000 $105,158.96

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4004 CLIN 4004

Period of Performance 09/16/2028 - 09/15/2029

EPIC Post 1 - Main Entrance Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

8,760 $46.44000 $406,814.40

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4005 CLIN 4005

Period of Performance 09/16/2028 - 09/15/2029

EPIC Post 2 - Access Control/Visitor Screening 12 hours/day Mon- Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

3,012 $46.79000 $140,931.48

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4006 CLIN 4006

Period of Performance 09/16/2028 - 09/15/2029

EPIC Post 3 - West Parking Lot Gate 24/7

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

8,760 $46.44000 $406,814.40

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4007 CLIN 4007

Period of Performance 09/16/2028 - 09/15/2029

EPIC Post 4 - Site Supervisor 8 hours/day Mon-Fri no weekends/ holidays

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

2,008 $39.61000 $79,536.88

15DDHQ24C00000010 Page 10 of 65

4008 CLIN 4008

Period of Performance 09/16/2028 - 09/15/2029

Quantico Post 1 - Access Control/Visitor Screening 12 hour/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

3,012 $61.20000 $184,334.40

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4009 CLIN 4009

Period of Performance 09/16/2028 - 09/15/2029

Quantico Post 2 - Access Control 24/7

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

8,760 $62.23000 $545,134.80

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4010 CLIN 4010

Period of Performance 09/16/2028 - 09/15/2029

Quantico Post 3 - Site Supervisor 8 hours/day Mon-Fri no weekends/holidays

PSC: S206

Line Period of Performance: 09/16/2028 - 09/15/2029

2,008 $56.78000 $114,014.24

TOTAL $15,108,592.60

FUNDING DETAILS:

ITEM NO. FUNDING LINE OBLIGATED AMOUNT ACCOUNTING CODES

N/A 1 $2,487,824.71 DEA-2024-2024-S1D-IS-1530320-DOM-G2-SEC-25403-IS004-1530320-2024

N/A 2 $463,331.53 DEA-2024-DXD-IS-1530320-DCF-G2-DIVF-SEC-25403-IS004-1530320-2024

TOTAL: $2,951,156.24

Order #: 15DDHQ24C00000010

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

52.252-1 SOLICITATION PROVISIONS 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)

52.204-6 UNIQUE ENTITY IDENTIFIER (OCT 2016)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-7 ALT I SYSTEM FOR AWARD MANAGEMENT (OCT 2018) WITH ALTERNATE I OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

N/A [Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR 12.602]

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

DOJ-06 NATIONAL SECURITY RISK ASSESSMENT (APR 2014)

(a) Any offeror responding to this solicitation acknowledges that before acquiring information technology equipment or software, the U.S. Department of Justice and its component entities will assess the supply chain risk of cyber-espionage or sabotage associated with the acquisition of such equipment or software, including any risk associated with such equipment or software being produced, manufactured, or assembled by one or more entities identified as posing a cyber-threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China.

(b) By submitting an offer to this solicitation, the Offeror understands and agrees that the Government retains the right to reject any offer or response to this solicitation made by the Offeror, without any further recourse by, or explanation to, the Offeror, if the Government determines the Offeror or the equipment or software offered by the Offeror, in whole or in part, presents an unacceptable risk to national security.

(c) To assist the Government in assessing whether the acquisition poses a national security risk, offerors are required to complete and submit with its offer or quotation the National Security Acquisition Risk Assessment Questions, which are attached to this solicitation. Offerors must answer all questions completely and accurately to the best of their knowledge and belief. All answers are to be reflective of the parent and subsidiary levels of an organization.

(d) Offerors are also required to request, collect, and forward with its offer or quotation completed National Security Acquisition Risk Assessment Questions from all subcontractors that will provide any equipment or software in performance of the contract or order. Offerors are responsible for the thoroughness and completeness of each subcontractor's submission.

(e) Failure to provide any such requested information may render a proposal unacceptable.

(End of provision) https://www.acquisition.gov/far-smart-matrix https://www.acquisition.gov/content/52204-6-unique-entity-identifier https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/content/52204-7-system-award-management https://www.acquisition.gov/far/52.211-6 https://www.acquisition.gov/content/52212-1-instructions-offerors-commercial-items https://www.acquisition.gov/content/52212-2-evaluation-commercial-items https://www.acquisition.gov/content/15304-evaluation-factors-and-significant-subfactors#i1108563 https://www.acquisition.gov/content/part-12-acquisition-commercial-items#i1112620

OFFERORS – COMPLETE THE REPRESENTATIONS BELOW AND RETURN THEM WITH YOUR OFFER IF THE VERSION OF THESE PROVISIONS IN YOUR ANNUAL REPRESENTATIONS AND CERTIFICATIONS IN THE SYSTEM FOR AWARD MANAGEMENT ARE EARLIER THAN OCT 2020.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

Attention is drawn to paragraph (b) of provision 52.212-3, which requests offeror-provided fill-in information in (b)(2), when applicable:

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

***** Paragraph (i) Contracting Officer fill-in information: Paragraph (i)(1): The end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor are listed by Schedule of Supplies/Services Item Number as follows: [when applicable, enter item numbers with country of origin in parentheses and separated by commas]

***** Paragraph (k) Contracting Officer fill-in information: select applicable item when an exemption to the Service Contract Labor Standards statute applies.

Paragraph k(1) is applicable. Paragraph k(2) is applicable.

(v) (2) The Offeror represents that—

(i) It does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(ii) After conducting a reasonable inquiry* for purposes of this representation, that it does, does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

* Reasonable inquiry has the meaning provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items http://www.sam.gov/ https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items https://www.acquisition.gov/content/part-4-administrative-matters#i1121876 https://www.acquisition.gov/far/52.204-25

CONTRACTING OFFICER: Check the appropriate box only for clauses that are applicable to this procurement.

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)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

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 (JUN 2016)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (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)

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.

X

X https://www.acquisition.gov/far-smart-matrix https://www.acquisition.gov/far/52.203-17 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/chapter-28/subchapter-H/part-2852/subpart-2852.2/section-2852.212-4

June 2023 Page 5 of 24

(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. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(s) 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 Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212–4, and the Unauthorized Obligations and Contractor’s Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212–4.

(3) FAR 52.212–5.

(4) Other paragraphs of the basic FAR clause at 52.212–4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212–4.

(5) Addenda to this solicitation, contract, or order, including contractor’s Commercial supplier agreements incorporated into the contract.

(6) Solicitation provisions if this is a solicitation.

(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212–4.

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or 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 (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or 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 commercial supplier agreement. If the commercial supplier agreement is invoked through an ‘‘I agree’’ click box or other similar mechanism (e.g., ‘‘clickwrap’’ or ‘‘browse-wrap’’ agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

(2) Paragraph (u)(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.

(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor’s commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, ‘‘this agreement’’ means any contractor commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.

June 2023 Page 6 of 24

(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.

(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.

(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212–4.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement,

(A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and

(B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease the overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government.