PO_70LGLY26PSSB00049 Executed.pdf

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Web-Based DISC, Motivational, and Emotional Intelligence Assessments and Training Materials for FLETC, Glynco, GA
Solicitation number
70LGLY26PSSB00049
Issued by

About this file

This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the Department of Homeland Security Federal Law Enforcement Training Centers (FLETC) for web-based online assessment tools.

The solicitation is for DISC behavioral assessment tools, personal motivation and engagement assessments, and emotional intelligence assessments to support FLETC Leadership Institute and International Training Division training programs at the Glynco, Georgia facility. The contractor must provide two primary deliverables: (1) Integrated DISC Model of Behavior and Personal Motivation Engagement Assessment based on Dr. William Marston's DISC Theory and Professor Eduard Spranger's motivational works, utilizing TTI Success Insights assessments; and (2) Emotional Intelligence 2.0 Assessment (domestic only) by Multi-Health Systems, Inc. (MHS) with the EQ-i 2.0 assessment and Workplace Report. The vendor must supply password banks for participant access, generate highly comprehensive personalized reports for each participant, provide reprint rights for reports, and submit a sample assessment tool and report for review during bid submission. The contract specifies a firm fixed price structure with a total award amount of $196,715.25, comprising seven line items with quantities ranging from 90 to 1,107 units at unit prices from $7.50 to $96.25. The period of performance runs from October 1, 2026, through September 30, 2027, with a 30-day delivery requirement after award. The contract was awarded to Competitive Edge Inc. on September 25, 2026, with a Net 30 payment discount term and delivery to FLETC Glynco, Georgia. The acquisition is unrestricted (not set aside for small business), uses the Request for Proposal (RFP) method, and incorporates FAR clauses addressing combating trafficking in persons, equal opportunity, contractor code of business ethics, and Section 508 accessibility requirements for information and communications technology.

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1. REQUISITION NUMBER

27FLI0001

2. CONTRACT NUMBER G.AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE 70LGLY26PSSB00049 DATE

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

7. FOR SOLICITATION calls) LOCAL TIME INFORMATION CALL: Robert Edwards

(912) 267-2018

9. ISSUED BY CODE I 70LGLY 10. THIS ACQUISITION IS [8) UNRESTRICTED OR □ SET ASIDE: %FOR:

DEPARTMENT OF HOMELAND SECURITY □ SMALL BlJSINESS □ WOMEN-OWNED SMALL

FEDERAL LAW ENFORCEMENT TRAINING CENTERS □ HUBZONE SMALL BUSINESS (WOSB)

1131 CHAPEL CROSSING R D BUSINESS ECONOMICALLY

GLYNCO GA 31524 SERVICE-DISABLED □ DISADVANTAGED

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

541990

□ VETERAN-OWNED WOMEN-OWNED SMALL SIZE STANDARD: □ BUSINESS (EDWOSB) SMALL BUSINESS

(SDVOSB) 8(A) $19.5

11. DELIVERY FOR FREE ON 12. DISCOUNT TERMS 13a. THIS CONTRACT IS A 13b. RATING BOARD (FOB) DESTINATION Net 30 □ RATED ORDER UNDER 14. METHOD OF SOLICITATION REQUEST

UNLESS BLOCK IS MARKED THE DEFENSE PRIORITIES

AND ALLOCATIONS REQUEST INVITATION FOR □FOR QUOTE □ FOR BID □PROPOSAL [8) SEE SCHEDULE SYSTEM - DPAS (15 CFR 700) fRFQl IIFBl IRFP)

15. DELIVER TO GODEi FLETC GL

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRNG CTR

1131 CHAPEL CROSSING RD

ATTN: BLDG:

GLYNCO GA 31524

17a. CONTRACTOR/ CODE! V4BJTJLK9T67 I FACILITY!

OFFEROR CODE

COMPETITIVE EDGE INC

ATTN KRISTA SHEETS

4294 CABRETTA DR SE

SMYRNA GA 30080

TELEPHONE NUMBER 7704876460

16. ADMINISTERED BY

DEPARTMENT OF HOMELAND

FEDERAL LAW ENFORCEMENT

1131 CHAPEL CROSSING RD

PRO BLDG 93

GLYNCO GA 31524

18a. PAYMENT WILL BE MADE BY

GODEi 70LGLY

SECURITY

TRAINING CENTERS

GODEi FLETC- INV

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRNG CTR

1131 CHAPEL CROSSING ROAD

BDLG. 66 - FINANCE

GLYNCO GA 31524

□ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED □ SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

UEI: V4BJTJLK9T67

2027 FLETC Operation and Support 70 0509

Acceptance of an award certifies that the firm will comply with FAR 52.222-50, Combating

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

See schedule $0.00

□ 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1. 52.212-4. ADDENDA □ ARE □ ARE NOT ATTACHED

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

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

[8)28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 [8) 29. AWARD OF CONTRACT: REFERENCE # FO 6 2 6 2 6 OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ---

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND DATED. 0 9 / 2 5 / 2 0 2 6 . YOUR OFFER ON SOLICITATION ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: All

(Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

1) q G __ ; -'- f"J. /.) ,,,,;2/J Robert R. Edwards

-fC/ll 9 fr�. J ��15, V n..,g, LV l£11.L., -, vl> , 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

70LGLY26PSSB00049

Net 30

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRNG CTR

1131 CHAPEL CROSSING RD

ATTN: BLDG:

GLYNCO GA 31524

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

1131 CHAPEL CROSSING RD

PRO BLDG 93

GLYNCO GA 31524

COMPETITIVE EDGE INC

ATTN KRISTA SHEETS

4294 CABRETTA DR SE

SMYRNA GA 30080

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRNG CTR

1131 CHAPEL CROSSING ROAD

BDLG. 66 - FINANCE

GLYNCO GA 31524

DEPARTMENT OF HOMELAND SECURITY

FEDERAL LAW ENFORCEMENT TRAINING CENTERS

1131 CHAPEL CROSSING RD

GLYNCO GA 31524

27FLI0001

Robert Edwards

(912) 267-2018

70LGLY

70LGLY

V4BJTJLK9T67

See schedule

1 #F062626

All

Robert R. Edwards

541990

$19.5

7704876460

09/25/2026

09/29/2026

FLETC GL

FLETC-INV

$0.00

UEI: V4BJTJLK9T67

2027 FLETC Operation and Support 70 0509

Acceptance of an award certifies that the firm will comply with FAR 52.222-50, Combating

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Trafficking in Persons, by notifying all employees and subcontractors at all levels.

Subject to Availability of Funds in accordance with FAR 52.232-18, Availability of Funds.

Notification will be provided by the

Contracting Officer when funds are available.

The Contractor shall provide web-based DISC behavioral, personal motivation, and emotional intelligence assessment tools, including electronic access, personalized reports, and applicable workbook reprint rights, for FLETC leadership training programs at Glynco, Georgia. All supplies and services shall be provided in accordance with the attached

Statement of Work and contract schedule.

Period of performance: October 1, 2026, through

September 30, 2027.

Delivery: 30 Days After Award

Period of Performance: 10/01/2026 to

09/30/2027

0001 1107 EA 74.50 82,471.50TTI Success Insights Talent Report (Integrated

DISC and Motivators) (each).

See attached SOW.

Firm Fixed Price

Product/Service Code: DA10

Product/Service Description: IT AND TELECOM -

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

70LGLY26PSSB00049

COMPETITIVE EDGE INC

BUSINESS APPLICATION/APPLICATION DEVELOPMENT

SOFTWARE AS A SERVICE

Accounting Info:

2027 49RMT277A1 310000 310500 260284

N030N000N000

Funded: $0.00

$82,471.50 (Subject to Availability of Funds)

0002 1107 EA 7.50 8,302.50Understanding and Utilizing the DISC Behavioral

Model for Improved Communication and Team

Building Workbook Copyright Fee for Reprint

(each) ISBN #978-0-9815252-3-5

See attached SOW.

Firm Fixed Price

Accounting Info:

2027 49RMT277A1 310000 310500 260284

N030N000N000

Funded: $0.00

$8,302.50 (Subject to Availability of Funds)

0003 1107 EA 7.50 8,302.50Recognizing Your Motivators Workbook - Better

Communication Through Motivator Recognition

Copyright Fee for Reprint (each) ISBN

#978-0-9815252-4-2

See attached SOW.

Firm Fixed Price

Accounting Info:

2027 49RMT277A1 310000 310500 260284

N030N000N000

Funded: $0.00

$8,302.50 (Subject to Availability of Funds)

0004 927 EA 96.25 89,223.75MHS Emotional Intelligence EQ-i 2.0 Report

(each)

See attached SOW.

Firm Fixed Price

Accounting Info:

2027 49RMT277A1 310000 310500 260284

N030N000N000

Funded: $0.00

$89,223.75 (Subject to Availability of Funds)

0005 90 EA 78.50 7,065.00TTI Success Insights Talent Report (Integrated

DISC and Motivators) (each) International

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

70LGLY26PSSB00049

COMPETITIVE EDGE INC

See attached SOW.

Firm Fixed Price

Accounting Info:

2027 49RMB277A1 REIM00 440000 260284

N030N000N00

Funded: $0.00

$7,065.00 (Subject to Availability of Funds)

0006 90 EA 7.50 675.00Understanding and Utilizing the DISC Behavioral

Model for Improved Communication and Team

Building Workbook Copyright Fee for Reprint

(each) ISBN #978-0-9815252-3-5

See attached SOW.

Firm Fixed Price

Accounting Info:

2027 49RMB277A1 REIM00 440000 260284

N030N000N00

Funded: $0.00

$675.00 (Subject to Availability of Funds)

0007 90 EA 7.50 675.00Recognizing Your Motivators Workbook - Better

Communication Through Motivator Recognition

Copyright Fee for Reprint (each) ISBN

#978-0-9815252-4-2

See attached SOW.

Firm Fixed Price

Accounting Info:

2027 49RMB277A1 REIM00 440000 260284

N030N000N00

Funded: $0.00

$675.00 (Subject to Availability of Funds)

Submission of your invoice certifies that all employees and subcontractors have been notified of the United States Government's zero tolerance policy regarding trafficking in persons, and the actions that will be taken for violations of this policy.

The total amount of award: $196,715.25. The obligation for this award is shown in box 26.

STATEMENT OF WORK

FEDERAL LAW ENFORCEMENT TRAINING CENTERS (FLETC)

FLETC LEADERSHIP INSTITUTE

Glynco, GA

WEB-BASED ONLINE ASSESSMENT TOOLS

Talent Insights DISC Model of Behavior Assessment Personal Motivation and Engagement Assessment Emotional Intelligence 2.0 Assessment

I. INTRODUCTION

The FLETC Leadership Institute (FLI) and International Training Division (ITD) conducts training programs to assist professional law enforcement personnel in the development and refine their leadership skills. The primary focus of the programs is on human capital development disciplines and their interaction with the law enforcement mission and culture.

II. BACKGROUND

FLI and ITD programs focus on building leadership skills through understanding and adapting to human behaviors, team building, conflict management, and recognizing motivating factors.

III. SCOPE

The scope of performance is to provide web-based online assessment products based on the DISC Theory developed by Dr. William Marston (1928). The online assessment is focusing on values/motivators based on the works of Professor Eduard Spranger (1914), using TTI Success Insights assessments: TTI Success Insights Management-Staff and TTI Success Insights Personal Motivation and Engagement. Assessments tools will assess an individual's behavior traits, identifying their strengths and weaknesses, and values that motivate them. Once the person takes the assessment, a highly comprehensive personalized report is produced for the individual identifying their behavior, strengths and weaknesses, and values.

Provide online assessment products based on the Mayer, Salovey, & Caruso Emotional Intelligence Test (MSCEIT). Provide Emotional Intelligence (EQ-i) Assessments by Multi-Health Systems, Inc. (MHS) is to provide each participant with personalized reports that offer direct insight into their understanding of their emotions, their capacity to recognize emotions in others and how they can more effectively interact with others to improve communication, work productivity, and teamwork.

IV. DELIVERABLES

Contractor shall provide two (2) Online Assessment Tools:

1) Integrated DISC Model of Behavior and Personal Motivation Engagement Assessment.

2) Emotional Intelligence 2.0 Assessment (Domestic only)

Current quantities are estimated based on student load for the fiscal year. Class student enrollment may increase or decrease throughout the year affecting numbers due to additional classes, cancellation of courses or drop in student enrollment.

V. MINIMUM REQUIREMENTS

a. The vendor must be able to provide the online personal assessment tool by supplying FLETC with banks of passwords for individuals to access the evaluation instrument.

b. The online DISC Model of Behavior assessment tool must validate data based on the DISC Theory developed by Dr. William Marston (1928) (TTI).

c. The online Values/Motivators assessment tool must be based on the works of Professor Eduard Spranger (1914) (TTI).

d. The online Emotional Intelligence (EQ-i) Assessments must be by Multi-Health Systems, Inc.

(MHS). EQ-i- 2.0 assessment with the Workplace Report.

e. Vendor shall provide FLETC with a highly comprehensive, personalized reports for each.

f. Vendor shall provide FLETC with Reprint Rights to print reports.

g. Vendor shall provide FLETC with a sample assessment tool and report during bid submittal for review.

VI. PERIOD PERFORMANCE

The period of performance is October 1, 2026 - September 30,2027

VII. PLACE OF PERFORMANCE

The examinations will be conducted at the FLETC Glynco, Georgia.

VIII. SECTION 508 REQUIREMENTS

Section 508 of the Rehabilitation Act (classified to 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of Federal employees and members of the public without disabilities.

All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 & Appendixes A, C & D, and available at https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5. In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards. ICT includes IT and other equipment.

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer and a https://uscode.house.gov/view.xhtml?req=(title:29%20section:794d%20edition:prelim)%20OR%20(granuleid:USC-prelim-title29-section794d)&f=treesort&edition=prelim&num=0&jumpTo=true https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5 determination will be made according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated November 12, 2018 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated November 20, 2018, or any successor publication.

1.1 Section 508 Requirements for Technology Products

Section 508 applicability to Information and Communications Technology (ICT): Integrated DISC Model of Behavior and Personal Motivation Engagement Assessment

Applicable Exception: N/A Authorization #: N/A

Applicable Functional Performance Criteria: Does not apply

Applicable 508 requirements for electronic content features and components (including but not limited to Electronic documents; Electronic forms; Electronic surveys; Electronic reports): All requirements in E205 apply, including all WCAG 2.0 Level A and AA Success Criteria apply as specified in E205

Applicable 508 requirements for software features and components: Does not apply

Applicable 508 requirements for hardware features and components: Does not apply

Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply

1.2 Section 508 Requirements for Technology Products

Section 508 applicability to Information and Communications Technology (ICT): Emotional Intelligence 2 Assessment

Applicable Exception: N/A Authorization #: N/A

Applicable Functional Performance Criteria: Does not apply

Applicable 508 requirements for electronic content features and components (including but not limited to Electronic documents; Electronic forms; Electronic surveys; Electronic reports): All requirements in E205 apply, including all WCAG 2.0 Level A and AA Success Criteria apply as specified in E205

Applicable 508 requirements for software features and components: Does not apply

Applicable 508 requirements for hardware features and components: Does not apply

Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply

1.3 Section 508 Deliverables

Section 508 Accessibility Conformance Reports: For each ICT item offered through this contract (including commercially available products, and solutions consisting of ICT that are developed or modified pursuant to this contract), the Offeror shall provide an Accessibility Conformance Report (ACR) to document conformance claims against the applicable Section 508 standards. The ACR shall be based on the Voluntary Product Accessibility Template Version 2.0 508 (or successor versions). The template can be found at https://www.itic.org/policy/accessibility/vpat. Each ACR shall be completed by following all of the instructions provided in the template, including an explanation of the validation method used as a basis for the https://www.itic.org/policy/accessibility/vpat conformance claims in the report.

Section C – Contract Clauses

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)

52.212-4 Contract Terms and Conditions - Commercial Items. (JAN 2017)

52.202-1 Definitions. (NOV 2013)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JAN 2018)

(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 Internal 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

(4) 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 as appropriate.)

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

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 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 2016) (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).

[ ] (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

(JUL 2013) (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 (JUN 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 (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (NOV 2016) 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 (JAN 2017) (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 (NOV 2011) (15 U.S.C. 657f).

[ ] (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[ ] (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).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

[ ] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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 Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

[ ] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[ ] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[ ] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[ ] (46) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[ ] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (58) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[ ] (59)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

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

(Contracting Officer check as appropriate.)

[ ] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[ ] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[ ] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[ ] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[ ] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract is awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C.

3509).

(ii)52.203-19, Prohibition on Requiring Certain Internal 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).

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

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

(x)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xii) [ ] (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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: http://www.acquisition.gov/far

(End of clause)

3052.205-70 Advertisements, Publicizing Awards, and Releases. (SEP 2012)

3052.209-70 Prohibition on contracts with corporate expatriates. (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent' for 'at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership.

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and http://www.acquisition.gov/far

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests’ incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that (Check one):

[] it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;

[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

[] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108- 7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Clause)

(End of Document)

70LGLY26PSSB00049 - sgned (004)
PO_70LGLY26PSSB00049
Solicitation/Contract/Order for commercial products and commercial services
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2026-09-29T06:17:06-0400
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