Destruction Services BPA - Solicitation.pdf

BPA Request For Quotes (RFQ)

Description of Services: Contractor Support Services by Incineration of Evidence

Questions Deadline: May 13, 2020 10:00 AM Eastern Standard Time

Closing Date & Time: May 18, 2020 10:00 AM Eastern Standard Time

Open Market Procurement: (100% Small Business Set-Aside)

SUMMARY

The Department of Justice, Drug Enforcement Administration is soliciting offers for award of a five-year Blanket Purchase Agreement (BPA) to procure destruction services.

Purpose: The BPA is intended to be a means for the Division office of Houston to independently order destruction services at pre-determined prices resulting in a competitive acquisition. The contractor shall destroy, by incineration, the evidence as needed through Blanket Purchase Agreement Calls.

To be accepted, your quote must include a completed solicitation (SF-1449), including all relevant price information for the service within the procurement list. Responsive offers must include quotes for services that are within your schedule, and include detailed service descriptions regarding technical qualifications, past performance, and price (see provisions and clauses). Offers must include the total price for the 1st order on a completed 1449. Please quote the unit price for the destruction of 168,000 lbs. of illicit substances as this is the anticipated amount to be destroyed annually.

This RFQ includes the following sections:

Section 1: SF 1449, Summary Information, and yearly Line Item Numbers for each year of the BPA Section 2: Description of Agreement Section 3: Statement of Work Section 4: Agency specified provisions & clauses Section 5: Instructions to Offeror’s (What is required within the offer) Section 6: Evaluation Factors/Basis of Award(s)

The SF1449 (section 1), and Evaluated 1st Order must be completed and provided in the Offeror’s Price Proposal to enable the Government to determine the lowest evaluated price. The quantities listed in the anticipated section 1 are intended for evaluation purposes, but are not intended to indicate the minimum order quantity or the minimum quantity expected to be ordered over the life of the BPA.

SECTION 1 LINE ITEM PRICING (Continued from SF 1449) LIFE OF BPA

Base Year (29 May 2020- 28 May 2021)

Pricing Period (29 May 2021- 28 May 2022)

Pricing Period 29 May 2022- 28 May 2023)

Pricing Period (29 May 2023- 28 May 2024)

Pricing Period (29 May 2024- 28 May 2025)

Item Description of Services

QTY UNIT UNIT

PRICE

TOTAL

0001 INCINERATION

OF CONTROLLED

SUBSTANCES

168,000 LB TBD TBD

Item Description of Services

QTY UNIT UNIT

PRICE

TOTAL

1001 INCINERATION

OF CONTROLLED

SUBSTANCES

168,000 LB TBD TBD

Item Description of Services

QTY UNIT UNIT

PRICE

TOTAL

2001 INCINERATION

OF CONTROLLED

SUBSTANCES

168,000 LB TBD TBD

Item Description of Services

QTY UNIT UNIT

PRICE

TOTAL

3001 INCINERATION

OF CONTROLLED

SUBSTANCES

168,000 LB TBD TBD

Item Description of Services

QTY UNIT UNIT

PRICE

TOTAL

4001 INCINERATION

OF CONTROLLED

SUBSTANCES

168,000 LB TBD TBD

15DDHQ20Q00000046 Page 3 of 30

Section 1 - SF1449

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE FEES AMOUNT

0001 INCINERATION OF CONTROLLED SUBSTANCES

Line Period of Performance: 05/29/2020 - 05/28/2021

168,000 LB $___________ $_________ $___________

1001 INCINERATION OF CONTROLLED SUBSTANCES

Line Period of Performance: 05/29/2021 - 05/28/2022

168,000 LB $___________ $_________ $___________

2001 INCINERATION OF CONTROLLED SUBSTANCES

Line Period of Performance: 05/29/2022 - 05/28/2023

168,000 LB $___________ $_________ $___________

3001 INCINERATION OF CONTROLLED SUBSTANCES

Line Period of Performance: 05/29/2023 - 05/28/2024

168,000 LB $___________ $_________ $___________

4001 INCINERATION OF CONTROLLED SUBSTANCES

Line Period of Performance: 05/29/2024 - 05/28/2025

168,000 LB $___________ $_________ $___________

SECTION 2: DESCRIPTION OF AGREEMENT

DRUG ENFORECEMENT ADMINISTRATION

OFFICE OF ACQUISITION MANAGEMENT

BLANKET PURCHASE AGREEMENT

CONTRACTOR: GOVERNMENT:

Drug Enforcement Administration Office of Acquisition Management 8701 Morrissette Drive Springfield, VA 22152

3.1 DESCRIPTION OF AGREEMENT: This is a Blanket Purchase Agreement (BPA) between the Drug Enforcement Administration (DEA) and _________for destruction by incineration of evidence, which include papers, cassette tapes, bulk marijuana, pharmaceuticals, and other incidental controlled substances or immediate precursor included in schedules I, II, III, IV, or V of title 21 USC 812 or 21 CFR 1308 (11)(12)(13) (14)(15). The incineration will be done in the presence of DEA personnel and contractor personnel appointed by the DEA.

3.2 DESCRIPTION OF SUPPLIES/SERVICES: The Department of Justice, Drug Enforcement Administration is soliciting offers for award of a five-year Blanket Purchase Agreement (BPA) to procure destruction services described in the Government specifications.

3.3 DURATION OF AGREEMENT: The Government anticipates award of a Blanket purchase Agreement with a 5 year term, (No options) but each year the Contracting Officer is required to review the agreement and determine if the terms and conditions are still in the best interests of the Government.

3.4 EXTENT OF THE OBLIGATION: The Government is obligated under this BPA, only to the extent of call orders placed by authorized individuals against this agreement. The Contractor IS CAUTIONED that acceptance of calls from personnel other than those identified within this agreement may jeopardize payment.

3.5 PRICING INFORMATION: The prices charged to the Government for all purchases (calls) made under this Agreement shall be as low as, or lower than, those charged to the vendor's most favored customer, in addition to any discounts for prompt payment.

3.6 CALL LIMITATION FAR 13.303-5(b): Calls made by DEA Headquarters Contracting Officers within the DEA HQs office of acquisition and relocation management division shall not exceed the unexecuted dollar threshold remaining on the BPA (beginning at $1.2M). DEA field contracting officers are limited to a single limit that shall not exceed the simplified acquisition dollar threshold. Individuals with ordering authority are shown in the following section. Requirements shall not be split for the purpose of staying under the simplified acquisition threshold or individual’s delegated limits of authority.

3.7 INDIVIDUALS AUTHORIZED TO PLACE CALLS AND DOLLAR LIMITATIONS: The individuals authorized to place calls under this Blanket Purchase Agreement, and the limits of their purchase authority are shown below:

Unlimited:

DEA Headquarters Contracting Officers

Up To Purchase Authority” DEA Field Contracting Officers

3.8 ORDERING: This BPA is intended to allow ordering from multiple Contracting Officers within the Drug Enforcement Agency. When this occurs, the vendor is directed to e-mail the Procuring Contracting Officer within DEA HQ office of Acquisition & Relocation management to ensure that the order quantity and amount are recorded to ensure the BPA does not exceed the maximum order threshold.

The contracting officer that enters into this BPA shall—

(a) Ensure that each BPA is reviewed at least annually and, if necessary, updated at that time; and

(b) Maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements.

3.10 DELIVERY TICKET: All shipments under this BPA shall be accompanied by delivery tickets or sales slips, prepared in triplicate which shall contain the following information:

(a) Name of Contractor

(b) BPA Number

(c) Date of Call

(d) Call Number

(e) Itemized list of supplies or services furnished

(f) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated system, provide that the invoice is itemized to show this information)

(g) Date of delivery or shipment

3.11 INSPECTION AND ACCEPTANCE: Inspection and acceptance will be at the contractor’s location.

Until the destruction services are rendered and the Government’s acceptance is provided in writing, and after any rejections, risk of loss will be on the Contractor unless loss results from negligence on the part of the Government.

3.12 DELIVERABLES: The contractor shall provide a signed incineration log with DEA’s personnel’s signature of confirmation destruction to DEA. The incineration log shall include at minimum the items destroyed, the date of destruction, start and end time, name of the operator, and pounds destroyed, along with the signature of authorized DEA personnel.

3.13 PAYMENT AND BILLING INSTRUCTIONS: The Contractor shall submit scanned or electronic images of invoice(s) to the following e-mail addresses: invoice.houston@usdoj.gov and elisa.a.correa@usdoj.gov. This section will be completed at the time that individual BPA calls are provided.

The date of record for invoice receipt is established on the day of receipt of the e-mail if it arrives before the end of standard business hours (5pm Local), or the next business day if the invoice arrives outside of normal business hours. Scanned documents with original signature in .pdf or other graphic formats attached to the e-mail are acceptable. Digital/Electronic signatures and certificates cannot be processed by DEA wand will be returned.

In addition to the items required in FAR clause 52.232-25 PROMPT PAYMENT, at (a)(3)(i) through (x), a proper invoice shall also include the following minimum additional information and/or documentation.

(1) BPA and Order or Call Number;

(2) Total/cumulative charges for the billing period;

(3) Dates upon which items/services were delivered;

(4) The Contractor’s Taxpayer Identification Number (TIN); and

(5) A statement signed by a responsible official of the concern substantially similar if not identical to the following:

“I certify that the services above have been rendered in accordance with the contract and that all charges are true, correct, and have not been previously billed.”

Contractor’s Signature Date

Printed Name/Title/Company Phone Number

Invoices will be rejected if they do not display/open/execute properly, are not legible, or if they do not contain the required information or signatures for processing.

3.14 ADDITIONAL INFORMATION

(a) The terms and conditions included in this BPA apply to all purchased made pursuant to it. In the event of an inconsistency between provisions of this BPA and the contractor’s invoice, the provision of this BPA will take precedence.

(b) Any request for modification(s) of this BPA shall be submitted to the Contract Administration POC listed on the face of the 1449:

(c) The DEA reserves the right to review and renegotiate the term and conditions of this Agreement at any time during the term of this contract.

SECTION 3.0 - STATEMENT OF WORK

3.1 INTRODUCTION

The DEA’s Houston Division, in order to enforce the controlled substances laws and regulations of the United States and to bring the organizations and its members involved in growing, manufacturing, and distribution of controlled substances, seizes enormous amounts of marijuana, pharmaceuticals, and other incidental controlled substances each year. From the standpoint of security, it is important that that evidence be disposed of as soon as it is no longer of evidentiary value. Along with drugs, the non-drug evidences, like papers and cassette tapes must be destroyed in timely manner to allow for space within the evidence vaults.

3.2 OBJECTIVE

DEA Houston Division has a requirement for contractor support services (hereinafter “Contractor”) for destruction by incineration of evidence, which include papers, cassette tapes, bulk marijuana, pharmaceuticals, and other incidental controlled substances or immediate precursor included in schedules I, II, III, IV, or V of title 21 USC 812 or 21 CFR 1308 (11)(12)(13)(14)(15). The incineration will be done in the presence of DEA personnel and contractor personnel appointed by the DEA.

3.3 REQUIREMENTS/ SCOPE OF WORK

Technical Requirements: Contractor shall destroy, by incineration, the evidence as needed through Blanket Purchase Agreement Calls. Funding will be provided on the calls issued for the work needed. A DEA representative will call in for scheduling of services and witness the destruction of the evidence.

A. An incinerator with the capability of destroying marijuana to a point where there are no detectable levels, as measured by standard analytical methods, of byproduct from the destruction process. DEA shall inspect the incinerator to ensure no drug residue remains.

B. An incinerator capable of operating a minimum of eight (8) consecutive hours per day. There shall be interlocks to interrupt the process in an emergency event.

C. An incinerator capable of processing at least 1000 lbs. /hr. of bulk marijuana. The drugs are usually tightly compressed "bricks" or "bales". DEA is not able to anticipate all the different packaging materials, but the facility must have the capability and proper permits to destroy the below materials.

Offerors must provide an audit package with associated environmental permits to operate.

3.1.C.1 Packaging Materials - Cardboard, Wrapping paper, Saran Wrap, Aluminum foil, Duct tape and derivatives, Scotch tape and derivatives, Packing tape and derivatives, Plastic evidence bags, Grease/oil, etc. The Contractor shall be responsible for all equipment operation, repair and maintenance.

D. The Contractor shall be able to effectively and safely, process a variety of feed streams. All boxes and packaged material must enter the destruction system without having to be opened or mixed with any other material.

E. The Contractor shall accept packages up to 48"x24"x16" in dimension and weigh up to 200 pounds. The typical package or box will weigh between 40-60 pounds. The integrity of the destruction process shall be such that the material to be destroyed cannot be redirected or retrieved once it is committed to destruction.

F. The incinerator shall have a segregation strategy that ensures that DEA contraband is not mixed with any other product before entering the system. Preprocessing (shredding) of the material is not desirable.

G. The Contractor shall provide DEA with a copy of all permits and licenses held to operate the incinerator.

All services and equipment shall meet applicable Federal, State and Local laws, regulations, and requirements (e.g., OSHA, EPA, and FDA). The vendor must be able to provide an audit package with associated environmental permits to operate.

H. The incinerator shall have proper ventilation and no smoke buildup. Additionally, DEA prefers a cooling station for outdoor facilities.

I. The incinerator facility shall be able to accommodate semi-trucks, tractor trailers, cargo vans, fork lifts, etc.

3.4 Deliverables: Contractor shall provide a signed incineration log with DEA personnel’s signature of confirmation destruction, to DEA. The incineration log shall include at minimum the items destroyed, the date of destruction, start and end time, name of the operator, and pounds destroyed, along with the signature of authorized DEA personnel.

3.5 Period of Performance: May 29, 2020 through May 28, 2025 unless terminated sooner.

3.6 Place of Performance: Work will be required from the DEA facilities located in the following cities in the state of Texas- Houston, Galveston, Beaumont, McAllen, Brownsville, Corpus Christi, Laredo, Eagle Pass, Del Rio, San Antonio, Austin, and Waco. As a result, the facility to offer destruction services will be located within 160 miles of Corpus Christi, TX.

3.7 Security Requirements: Incinerator facility must have closed circuit cameras, which shall cover the weighing station and the entire incinerator equipment from the feeder to the ash removal station. DEA reserves the right to access the video feed as necessary to ensure the proper destruction of its drugs and safety of its representatives. The Incinerator facility must have fence around it, which shall be tall enough to prevent the public from viewing the incineration process.

3.6 Personnel Security Requirements: The contractor shall perform background checks and drug tests on all its personnel involved with the incineration of evidence. The drug test must be performed at least once a year.

The contractor and its personnel shall hold all information obtained under the DEA contract in the strictest confidence. All information obtained shall be used only for performing this contract and shall not be divulged nor made known in any manner to any person except as necessary to perform this contract. The contractor’s employee(s) shall not divulge, sell, or distribute any information at any point in time, even after termination or expiration of the contract.

DEA will provide armed DEA agents and contractors, who are authorized by DEA, during scheduled burns.

DEA PROVISION & CLAUSE MATRIX – COMMERCIAL ITEMS

Updated through FAC 2020-03

December 2019 Page 9 of 30

SOLICITATION #: 15DDHQ20Q00000046

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

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

https://www.acquisition.gov/far-smart-matrix.

(End of provision)

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

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)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has 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”.

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/content/52204-24-representation-regarding-certain-telecommunications-and-video-surveillance-services#id1989I600I4C https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550 https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.sam.gov/ https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.sam.gov/

December 2019 Page 10 of 30

SOLICITATION #: 15DDHQ20Q00000046

(c) Representation. 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.

(End of provision)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2018)

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 Items, 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***

Note: 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***

Contracting officer — select applicable item when an exemption to the Service Contract Labor Standards statute applies.

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

52.212-2

(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:

Technical Qualifications: Provide an audit package with associated environmental permits to operate.

Past Performance: Must be Acceptable on previous relevant efforts. Based on confirmation from POCs provided on past performance

Price: Based on completion of section 1 of this solicitation.

Proximity: The facility must be located within 160 miles of Corpus Christi, Texas to limit transportation to one day of travel.

(b) For an offeror to be considered technically acceptable, it shall be able to provide the service listed in the schedule under Schedule of

Supplies and Services RFQ 15DDHQ20Q00000046, along with the the services provided in the Statement of work. Additionally, proximity is a factor that will be used to evaluate offers. The facility should be located near DEA border offices

[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]

(c) 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).

(d) 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.

See Section 5 of the solicitation.

https://www.acquisition.gov/content/52211-6-brand-name-or-equal 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 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

December 2019 Page 11 of 30

SOLICITATION #: 15DDHQ20Q00000046

Offerors – Paragraph (v) was added to provision 52.212-3 by FAC 2020-03. If the DEC 2019 version of provision 52.212-3 is not included in your annual representations and certifications, you must either update your annual representations and certifications or complete paragraph (v) below.

(v) Covered Telecommunications Equipment or Services—Representation. Section 889(a)(1)(A) of Public Law 115–232.

(1) 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’’.

(2) 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.

52.225-7 WAIVER OF BUY AMERICAN STATUTE FOR CIVIL AIRCRAFT AND RELATED ARTICLES (FEB 2016)

DEA-2852.209-75 NATIONAL SECURITY RISK ASSESSMENT (JUN 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)

CONTINUED ON NEXT PAGE

https://www.acquisition.gov/content/52225-7-waiver-buy-american-statute-civil-aircraft-and-related-articles

December 2019 Page 12 of 30

SOLICITATION #: 15DDHQ20Q00000046

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)

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

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

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 (JUL 2016)

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, IN ALL SOLICITATIONS AND CONTRACTS (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

52.212-4 ALT I CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017) WITH ALTERNATE I (JAN 2017)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Sec.889(a)(1)(A) of Pub. L. 115-232)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (Executive Order 13658).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer: Check the corresponding box for each clause that applies to this order.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.acquisition.gov/far-smart-matrix https://www.acquisition.gov/content/52203-16-preventing-personal-conflicts-interest https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements https://www.acquisition.gov/content/52204-4-printed-or-copied-double-sided-postconsumer-fiber-content-paper 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/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.acquisition.gov/content/52212-5-contract-terms-and-conditions-required-implement-statutes-or-executive-orders https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award http://uscode.house.gov/view.xhtml?req=(title:31%20section:3553%20edition:prelim)%20OR%20(granuleid:USC-prelim-title31-section3553)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/ https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/view.xhtml?req=(title:41%20section:4704%20edition:prelim)%20OR%20(granuleid:USC-prelim-title41-section4704)&f=treesort&edition=prelim&num=0&jumpTo=true http://uscode.house.gov/view.xhtml?req=(title:10%20section:2402%20edition:prelim)%20OR%20(granuleid:USC-prelim-title10-section2402)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 http://uscode.house.gov/view.xhtml?req=(title:41%20section:3509%20edition:prelim)%20OR%20(granuleid:USC-prelim-title41-section3509)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607 https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=(title:31%20section:6101%20edition:prelim)%20OR%20(granuleid:USC-prelim-title31-section6101)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243

December 2019 Page 13 of 30

SOLICITATION #: 15DDHQ20Q00000046

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved]

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (AUG 2018) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657 f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec 2015) (15 U.S.C. 637(m)).

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2019) (E.O. 13126).

(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35.

(30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36.

(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended#i1062590 https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=(title:15%20section:657a%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section657a)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/view.xhtml?req=(title:15%20section:657a%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section657a)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 http://uscode.house.gov/view.xhtml?req=(title:15%20section:644%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section644)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/view.xhtml?req=(title:15%20section:644%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section644)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8 http://uscode.house.gov/view.xhtml?req=(title:15%20section:637%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section637)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 http://uscode.house.gov/view.xhtml?req=(title:15%20section:637%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section637)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9 https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715 http://uscode.house.gov/ https://www.acquisition.gov/content/52219-14-limitations-subcontracting#i1057730 http://uscode.house.gov/view.xhtml?req=(title:15%20section:637%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section637)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-16-liquidated-damages-subcontracting-plan#i1057758 http://uscode.house.gov/view.xhtml?req=(title:15%20section:637%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section637)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-27-notice-service-disabled-veteran-owned-small-business-set-aside#i1057823 http://uscode.house.gov/view.xhtml?req=(title:15%20section:657f%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section657f)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874 http://uscode.house.gov/view.xhtml?req=(title:15%20section:632%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section632)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-29-notice-set-aside-or-sole-source-award-economically-disadvantaged-women-owned-small#i1057902 http://uscode.house.gov/view.xhtml?req=(title:15%20section:637%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section637)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52219-30-notice-set-aside-or-sole-source-award-women-owned-small-business-concerns-eligible#i1057947 http://uscode.house.gov/view.xhtml?req=(title:15%20section:637%20edition:prelim)%20OR%20(granuleid:USC-prelim-title15-section637)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52222-3-convict-labor#i1055332 https://www.acquisition.gov/content/52222-19-child-labor-cooperation-authorities-and-remedies#i1055664 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided#id189A70O0P1N https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793 https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 http://uscode.house.gov/view.xhtml?req=(title:38%20section:4212%20edition:prelim)%20OR%20(granuleid:USC-prelim-title38-section4212)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230 https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 http://uscode.house.gov/view.xhtml?req=(title:29%20section:793%20edition:prelim)%20OR%20(granuleid:USC-prelim-title29-section793)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250 https://www.acquisition.gov/content/52222-37-employment-reports-veterans#i1056265 http://uscode.house.gov/view.xhtml?req=(title:38%20section:4212%20edition:prelim)%20OR%20(granuleid:USC-prelim-title38-section4212)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.acquisition.gov/content/52222-40-notification-employee-rights-under-national-labor-relations-act#i1056304 https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535 https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535

December 2019 Page 14 of 30

SOLICITATION #: 15DDHQ20Q00000046

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)(i) 52.223-9, Estimate of…