A28 Request for Quote -Final.pdf

U.S. DEPARTMENT OF JUSTICE

DRUG ENFORCEMENT

ADMINISTRATION

Utility Trailers for EPIC

REQUEST FOR QUOTATIONS

RFQ-D-25-FS-0152

Request for Quotation - Utility Trailers for EPIC

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes as the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation number D-25-FS-0135 is being used as a Request for Quotation (RFQ). This will be solicited under NAICS Code 336112 - Light Truck and Utility Vehicle Manufacturing.

This is a Request for Quotation (RFQ) for Utility Trailers for EPIC . Please see the instructions to offeror and the product description/specifications attached for more details regarding this requirement. This procurement is a 100% Small Business set-aside. All quotes shall be on an all or none basis, alternate quotes will not be accepted. All offerors shall submit a complete quotation which will be evaluated based on the criteria listed in offeror’s instruction section. In accordance with FAR Part 13.302- Purchase Orders the Government intends to issue a single firm fixed price purchase order to the eligible, responsible Offeror based on Best Value to the government. Any questions must be submitted in writing via email to Naomi Collier at

Naomi.S.Collier@dea.gov no later than 7/16/2025 at 10:00am EST. No late submissions will be accepted or considered.

Final quotes must be submitted via email by 7/23/2025 at 10:00am EST. Quotes must include pricing and responses to evaluation factors. All submissions (questions and/or quotes) shall be submitted electronically to Naomi.S.Collier@dea.gov with the RFQ number included in the subject line. No late submissions (questions and/or quotes) will be accepted.

mailto:Naomi.S.Collier@dea.gov

REQUEST FOR QUOTATIONS This RFQ is is not a Small Business-Small PAGE OF PAGES (THIS IS NOT AN ORDER) Purchase Set Aside 1

3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING1. REQUEST NO.

RFQ1750169

2. DATE ISSUED

47/10/2025 D-25-FS-0152

5A. ISSUED BY 6. DELIVER BY (Date)

DEA

Office of Acquisition(FA) 8701 Morrissette Drive Springfield, VA 22152-1080 7. DELIVERY

FOB

DESTINATION OTHER

(See Schedule)5B. FOR INFORMATION CALL: (No collect calls)

NAME TELEPHONE NUMBER 9. DESTINATIONAREA CODE & NUMBER

Naomi.S.Collier@dea.gov

8. TO:

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5A ON OR

BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The is a Request for Quotation(RFQ) for Utility Trailers for EPIC as described in the Product Description/Specifications and Term and Conditions.

The Government intends to issue a single purchase order in accordance with FAR 13. This procurement is a 100% Small Business set-aside.

Questions shall be submitted via email to Naomi.S.Collier@dea.gov by July 16, 2025 at 10am EST. Final quotes are due July 23, 2025 at 10am EST.

No late submissions will be accepted.

GRAND TOTAL

12. DISCOUNT FOR PROMPT PAYMENT - -

a. 10 CALENDAR DAYS b. 20 CALENDAR DAYS c. 30 CALENDAR DAYS d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or Print) b. TELEPHONE

AREA CODE & NUMBER

c. TITLE (Type or Print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 18 (REV. O6-95)

Prescribed by GSA FAR (48 CFR) 53.215-1(a)

04/20/2026

RFQ1750169 Page 1 of 1

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT PRICE TotalL

COSTS

2 two enclosed cargo trailers. Each trailer must come with all specifications listed in the product description/specifications.

PSC 2330 Trailers

2 EA $________ $________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE TotalAL

COSTS

0002 Shipping/delivery charges for each cargo trailers to be delivered to the locations listed in the solicitation.

2 EA $________ $________

GRAND TOTAL

UNIT

INSTRUCTIONS TO OFFEROR

a) GENERAL: It is the Government's intention to award a delivery order to a Quoter whose Quote is considered most advantageous to the Government. The Government reserves the right to award to one or none at all.

The Government reserves the right to make an award based on initial offers without discussions. Therefore, the offeror is requested to submit its best proposal to the Government on the most favorable terms both from a technical and cost/price standpoint. The Government will not pay any cost incurred in the preparation and submission of any quotes.

b) OFFER ACCEPTANCE PERIOD: The Offeror must provide an acceptance period of not less than 45 calendar days.

c) COMMUNICATIONS: All communications concerning the solicitation, including any of a technical nature, must be made through Naomi Collier, Contract Support Specialist, at Naomi.S.Collier@dea.gov. All questions, technical or otherwise, shall be in writing by email and received on or before 10:00 AM (EST) July 16, 2025. Questions shall identify the applicable section, page number and paragraph. The Government will provide to all Quoters a list of all questions received with the Government responses in the form of an amendment to the solicitation. The Government will not consider questions received after this date.

d) TIME, DATE, AND PLACE FOR SUBMISSION OF QUOTE: Quote must be in a Microsoft Office compatible format and received electronically by email to Naomi.S.Collier@dea.gov on or before 10:00AM (EST) July 23, 2025.

e). QUOTE PREPARATION INSTRUCTIONS-GENERAL: Quote shall conform to the Request for Quote (RFQ) clauses and provisions and be prepared in accordance with this section. Quote shall be clearly marked with the RFQ number and title. The

Quoter shall submit its Quote in Microsoft Office and Adobe compatible files.

The Government may reject all offers received in response to this solicitation, if doing so is in the best interest of the Government. Late submissions will not be accepted. No telephone or fax requests will be accepted.

To aid its evaluation, the proposal shall be clearly and concisely written as well as being neat, indexed, and logically assembled addressing each factor in the order specified by the solicitation. All pages of each part shall be appropriately numbered and identified with the name of the contractor, and RFQ number. The proposal shall be specific and complete in every detail. The proposal shall be practical, straightforward with concise delineation of what it is the contractor will do to satisfy the requirements of the Product Description/Specifications.

The proposal shall not merely offer to perform work in accordance with the scope of the work. It shall outline the actual work proposed as specifically as practical. Product

Description/Specifications reflects the objectives of the program, therefore merely stating or affirming that the contractor will execute the performance requirements without sufficient elaboration will not be acceptable.

The written portion of the Quote shall be submitted in electronic format, and must be clearly and concisely written, neat, indexed, and logically assembled. The Quote shall be prepared in two separate volumes:

Volume 1. Technical Quote, and

Volume 2. Business Quote.

The Quoter is cautioned that evaluation of each volume will be conducted independently. Therefore, if the required content is not present in the volume being evaluated, it will not be considered.

Technical Quote (Volume 1) One (1) written Technical Quote (Factors 1, 2, 3 and 4) shall be submitted and address the requirements of the Product

Description/Specifications (Attachment A) for the evaluation factors specified.

The Quote shall be specific and complete in every detail. The Quote shall be typed, double-spaced, with one-inch margins, using Times New Roman font, 12 pitch type (or Equivalent) and printed, unreduced in size, cm 8 1/2” by 11” page, not exceeding 20 pages, single sided. Any pages in excess of the page limitation will be disregarded and will not be included in the Quote evaluation.

FACTOR 1: Technical Capabilities/Product Features

• Offeror shall submit a quote to meet the technical specifications and product features listed in the Product Description/Specifications. The quote must address those performance characteristics listed in the Product

Description/Specifications, the trailer configuration, and must address available options, features and accessories.

FACTOR 2: Maintenance Support and Warranties

• Offeror shall detail the maintenance and repair support they will provide

• for the cargo trailers. At a minimum, the offeror must address:

- Maintenance/repair facility locations throughout the United States, and what types of services those facilities offer.

- Specific warranty coverage for their cargo trailers.

- Pickup and delivery options for trailers requiring service, including any fees charged for pickup and delivery.

- Mobile support services offered, where trailers may be serviced at customer locations.

FACTOR 3: Delivery Schedule

• Offeror shall detail delivery times in calendar days after receipt of order for the following quantities of trailers, equipped as specified:

- Two (2) Cargo Trailerss

FACTOR 4: Past Performance

• Offeror shall provide relevant past performance as it relates to the probability of successful accomplishment of the contract requirements.

Business Quote

(Volume 2) One (1) written Business Quote. The quote shall include required business information specified below, and the unit price for each trailer

FACTOR 5: Price

• The Offeror shall propose pricing for each line items.

• The Offeror shall propose a single loaded price per Contract Line-Item Number

• The Offeror must verify the calculated total price per CLIN and the grand total.

Failure to provide a rate for each CLIN may result in elimination from further consideration.

• Offeror shall detail shipping and/or delivery charges per trailer which are not included in the trailer price.

• Price quotes shall be provided by completing the Schedule of Supplies/Services provided in this RFQ that will be considered on an all-or-none basis per instructions in the solicitation. In accordance with FAR Part 13.

• Company Name, Address, Point of Contact

• DUNS Number, Cage Code

• GSA Schedule Number, SIN Number

• Business Size

• •Completion of DEA-2852.209-70 – Organizational Conflicts of Interest

(MAY 2012) – The Contractor shall refer to clause DEA-2852.209-70 located in attached clause matrix.

• Any changes or updates to the representations and certifications on file in the System for Award Management as required by paragraph (b) of Federal Acquisition Regulation provision 52.212-3 Contractor Representations and Certifications – Commercial Items.

Evaluation Criteria

VOLUME I- TECHNICAL QUOTE

**The Factors below are listed in descending order of importance. This is for non-priced factors only.

FACTOR 1: Technical Capability/Product Features

The government will evaluate the offeror’s technical understanding of the requirement, its approach, and its techniques to satisfy the elements of the Product Description/Specifications. The government will evaluate the offeror’s proposed:

• Technical specifications

• Trailer performance characteristics

• Trailer features and available accessories

A Mere repetition of the material in the Product Description/Specifications does not constitute a satisfactory response.

FACTOR 2: Maintenance Support and Warranties

• The government will evaluate the maintenance and repair support they will provide for the cargo trailerss, to include:

- Maintenance/repair facility locations throughout the United States, and what types of services those facilities offer

- Specific warranty coverage for cargo trailers

- Pickup and delivery options for vehicles requiring service, including any fees charged for pickup and delivery

- Mobile support services offered, where vehicles may be serviced at customer locations

FACTOR 3: Delivery Schedule

• The government will evaluate the Offeror’s delivery time calendar days after receipt of order for the quantities of trailers equipped as specified:

- (2)Two Cargo Trailers (2)

FACTOR 4: Past Performance

The Government will evaluate how the Contractor’s relevant past performance relates to the probability of successful accomplishment of the contract requirements. Relevance of past performance includes depth, breadth, currency, similarity, and quality of the past performance. Quality of services may be defined as how well the Contractor has complied with contract requirements and whether it conformed to standards of good business practices. It includes performance of enterprise level services similar to those identified in the Product Description/Specifications, its record of conforming to standards of good workmanship, adherence to contract schedules, and its history of commitment to customer satisfaction

The Government will evaluate the Contractor’s performance existing and prior contracts for similar services listed on the past performance questionnaire, with an emphasis on information that demonstrates relevancy and quality of past performance relative to the size and complexity of the acquisition under consideration. The Government will supplement the information provided by the Contractor with information the Government obtains through reference checks, its own knowledge/experience, and/or from other sources. These sources may include, but not necessarily be limited to, other Government contracting offices, the Contractor Performance Assessment Reporting System (CPARS), and the Past Performance Information Retrieval System

(PPIRS).

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror will not be evaluated favorably or unfavorably on past performance.

VOLUME II- BUSINESS QUOTE

FACTOR 5: Price: Price will be evaluated for reasonableness

The Price Quote shall include a unit price for each trailer, on an all or none basis, multiplied by the estimated quantity per trailer and sum of all trailers in accordance with the Schedule of Supplies listed in section 2. The government will also evaluate the Offeror’s shipping and/or delivery charges per trailer which are not included in the trailer price. Price will be evaluated for reasonableness; price will not receive a confidence rating.

BASIS OF AWARD

(a) All timely proposals received pursuant to the solicitation will be fully evaluated. The Government will make award to the responsible offeror whose proposal is the best value to the Government. Best value will be determined using a best value tradeoff process. The Government will evaluate technical quotes based upon technical factors described above. Prior to being evaluated in terms of the technical factors, the proposal must meet the requirements set forth in the solicitation. Factors are listed in descending order by the level of importance.

Factor 1: Technical Capability/Product Features is more important than Factors 2, 3 and 4.

Factor 2, Maintenance Support and Warranties, is more important than Factors 3 and 4. Factor 3, Delivery Schedule, is more important than Factor 4. The Offeror’s proposed price will be considered independently of the technical factors and will not itself be accorded any specific confidence rating.

(b) All evaluation factors other than price, when combined, are significantly more important than price.

As technical differences narrow, price will become more important. If there are no significant technical differences, price may be the determining factor for source selection. The Government may or may not award to the lowest priced Offeror or highest technically rated Offeror.

(c) Award will be made based on best value to the Government, cost and other factors

Considered.

EVALUATION FACTORS

Evaluation Factors will receive an overall confidence rating of HIGH, SOME, or LOW as defined below.

RATING SYMBOL DEFINITION

High H

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

Some S

The Government has some confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some

Government intervention.

Low L

The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract even with

Government intervention.

The purpose for this purchase is to obtain two enclosed cargo trailers to support the operational logistics of the DEA National License Plate Reader Program (NLPRP) in tactical deployments throughout the country.

Minimum Specifications

The trailer’s design and expanded payload capacity of approximately 6,790 LB are essential for safely transporting up to 3 Solar Speed Trailers, each weighing approximately 1,340 LB, additional field-deployable batteries, toolboxes, and other auxiliary and/or emergency equipment

• V-nose front design with solid wall construction

• Height: 8.5’

• Length: 20’

• Trailer tongue equipped with a 2 5/16” coupler

• Extended Interior Height: 6”, raising clearance to 78” (to accommodate taller equipment and enhance loading clearance)

• Trailer deck material: ¾” pressure-treated plywood floors

• Interior 12V dome light with wall-mounted switch

• Standard Roof Vent

• 24” ATP stone guard and additional stone guard strip extending to the point of the V-nose

• Recessed floor-mounted D-ring tie-downs, bolted to steel plates welded to the trailer frame

• Cargo compartment must be completely open, without built-in compartments, to maximize cubic space for flexible loading configurations

• 32” side entry door with RV-style flush lock and keyed access

• Heavy duty 4000 LB rear ramp door w/spring assist and ramp extension flap

• Dual 5,200 LB drop spring tandem axles with electric brakes on both axles (tandem axles required for safer weight distribution, better load balancing, and compliance with federal highway speed limits)

• ST225 15” radial tires on silver modular wheels, each tire should be rated at 3,197 LB

• Standard Color of white, black or silver.

Drug Enforcement Administration Specifications-cargo trailers

DEA PROVISION & CLAUSE MATRIX FOR ORDERS AGAINST OTHER AGENCY CONTRACTS

Updated through FAC 2024-07

SEPT 2024 Page 1 of 27

SOLICITATION #: D-25-FS-0152

THE FOLLOWING PROVISIONS ARE APPLICABLE AS MARKED BELOW.

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)

JAR 2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (NOV 2020)

(a) The following definitions apply in this provision:

(1) ‘‘Agency Protest Official’’ (APO) means the Deciding Official for a procurement protest filed with a contracting activity of DOJ when the contracting officer will not be the Deciding Official because of the protestor’s election under JAR 2833.103(b).

(2) ‘‘Deciding Official’’ means the official who will review and decide a procurement protest filed with the agency. The Deciding Official will be the contracting officer unless the protestor requests pursuant to JAR 2833.103(b) that the protest be decided by an individual above the level of the contracting officer, in which case the HCA will designate an APO to serve as the Deciding Official.

(3) ‘‘Interested Party’’ means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) Only interested parties may file a protest.

(c) An interested party filing a protest with the DOJ has the choice of requesting either that the Contracting Officer or the APO decide the protest.

(d) A protest filed directly with the DOJ shall:

(1) Indicate that it is a protest to DOJ.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(e) The decision by the APO is an alternative to a decision by the Contracting Officer. The APO will not consider appeals from the Contracting Officer’s decision on an agency protest and a decision by242-70 the APO is final and not appealable.

(f) The Deciding Official may conduct a scheduling conference. The scheduling conference, if conducted, will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(g) Oral conferences may take place either by telephone or in person.

(h) The protestor has only one opportunity to support or explain the substance of its protest. DOJ procedures do not provide for any discovery. The deciding official may request additional information from the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

https://www.ecfr.gov/current/title-48/section-2852.233-70

SEPT 2024 Page 2 of 27

(i) A protestor may represent itself or be represented by legal counsel. The DOJ will not reimburse the protester for any legal fees related to the agency protest.

(j) The DOJ will stay award or suspend contract performance in accordance with FAR 33.103(f), unless the contract award is justified, in writing, for urgent and compelling reasons or is determined, in writing, to be in the best interest of the Government. The justification or determination shall be approved at a level above the Contracting Officer. The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(k) The deciding official will make a best effort to issue a decision on the protest within thirty-five (35) days after the filing date. The decision shall be written, and provided to the protestor using a method that provides for evidence of receipt.

(l) The DOJ may dismiss or stay proceedings on an agency protest if a protest on the same or similar basis is filed with a forum outside DOJ.

(End of Clause)

CONTINUED ON NEXT PAGE

SEPT 2024 Page 3 of 27

SOLICITATION #: D-25-FS-0152

OFFERORS – COMPLETE THE REPRESENTATIONS BELOW AND RETURN THEM WITH YOUR OFFER OR QUOTE 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 under the prohibition in paragraph (b)(1) of this provision.

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/

SEPT 2024 Page 4 of 27

SOLICITATION #: D-25-FS-0135

(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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representation.

(1) The Offeror represents that 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.sam.gov/

SEPT 2024 Page 5 of 27

SOLICITATION #: D-25-FS-0152

THE FOLLOWING CLAUSES ARE APPLICABLE AS MARKED BELOW.

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)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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.

(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 https://www.acquisition.gov/far/52.204-25 https://www.acquisition.gov/far/52.204-27 https://www.acquisition.gov/node/32487 https://www.ecfr.gov/current/title-48/section-2852.212-4

SEPT 2024 Page 6 of 27 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.

(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;

SEPT 2024 Page 7 of 27

(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. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212–4(s), as revised by JAR 2812.302 and 2852.212–4(s).

(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.

(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.

(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user’s compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of this agreement permits Contractor to audit the Government’s compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:

‘‘(A) If Contractor reasonably believes that…