RFP_15DDHQ22R00000010.pdf

06/10/2022

Section 2 - Commodity or Services Schedule

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Monthly Lease Rate 12 MO $

Firm-fixed price monthly lease rate which includes support and maintenance of aircraft. These rates includes, but are not limited to, minor and major maintenance repairs, technical support for evaluation and troubleshooting, Auxiliary Power Unit (APU) overhaul, air frame and spare parts. (with the exception of routine maintenance such as tires, oil and minor repairs) mandatory airworthiness directives, and any additional items as specified in the Statement of Work (SOW).

PSC:W015

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Monthly Lease Rate 12 MO $

Firm-fixed price monthly lease rate which includes support and maintenance of aircraft. These rates includes, but are not limited to, minor and major maintenance repairs, technical support for evaluation and troubleshooting, Auxiliary Power Unit (APU) overhaul, air frame and spare parts. (with the exception of routine maintenance such as tires, oil and minor repairs) mandatory airworthiness directives, and any additional items as specified in the Statement of Work (SOW).

PSC:W015

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Monthly Lease Rate 12 MO $

Firm-fixed price monthly lease rate which includes support and maintenance of aircraft. These rates includes, but are not limited to, minor and major maintenance repairs, technical support for evaluation and troubleshooting, Auxiliary Power Unit (APU) overhaul, air frame and spare parts. (with the exception of routine maintenance such as tires, oil and minor repairs) mandatory airworthiness directives, and any additional items as specified in the Statement of Work (SOW).

PSC:W015

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Monthly Lease Rate 12 MO $

Firm-fixed price monthly lease rate which includes support and maintenance of aircraft. These rates includes, but are not limited to, minor and major maintenance repairs, technical support for evaluation and troubleshooting, Auxiliary Power Unit (APU) overhaul, air frame and spare parts. (with the exception of routine maintenance such as tires, oil and minor repairs) mandatory airworthiness directives, and any additional items as specified in the Statement of Work (SOW).

PSC:W015

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

Monthly Lease Rate 12 MO $

Firm-fixed price monthly lease rate which includes support and maintenance of aircraft. These rates includes, but are not limited to, minor and major maintenance repairs, technical support for evaluation and troubleshooting, Auxiliary Power Unit (APU) overhaul, air frame and spare parts. (with the exception of routine maintenance such as tires, oil and minor repairs) mandatory airworthiness directives, and any additional items as specified in the Statement of Work (SOW).

PSC:W015

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AMOUNT

AMOUNT

AMOUNT

AMOUNT

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STATEMENT OF OBJECTIVES

LEASE FOR A LONG RANG JET AIRCRAFT

DRUG ENFORCEMENT ADMINISTRATION

AVIATION DIVISION

1.0 OVERVIEW

The U.S. Department of Justice, Drug Enforcement Administration (DEA), Aviation

Division has a requirement to lease a Long-Range Jet as specified herein. The Long-Range

Jet described in this requirement will be utilized in the deployment of Government personnel and equipment in both foreign and domestic areas in support of enforcing the controlled substances laws and regulations of the United States.

2.0 SCOPE

This Statement of Objectives (SOO) establishes the requirements for a Long-Range Jet. The aircraft for this requirement shall be operated and maintained in accordance with Federal Aviation

Administration (FAA) Part 91 and the aircraft manufacturer’s recommendations and shall have a current FAA Standard Airworthiness Certificate. The DEA anticipates flying 500 hour per year.

3.0 AIRCRAFT CERTIFICATION

The aircraft shall be certified in accordance with the U.S. Federal Aviation Administration, Federal

Aviation Regulations (FAR) Part 25, Airworthiness Standards: transport category airplanes and any other applicable FAA FARs. All equipment and options and their installation shall also be FAA approved. The Standard Airworthiness Certificate and any other FAA approvals shall be made available to the Government upon aircraft delivery.

4.0 AIRCRAFT SPECIFICATIONS

4.1 Aircraft Flight Performance Requirements

The flowing are the minimum performance requirements:

a) A minimum range of 3700 nautical miles with National Business Aircraft Association

IFR reserves.

b) Normal Cruise Speed – 0.80 Mach

c) High Cruise Speed – 0.82 Mach

d) Operating Altitude – 41,000 feet

e) Ramp Weight - 48,300 lbs.

f) Takeoff Weight - 48,200 lbs.

g) Landing Weight - 38,000 lbs.

h) Zero Fuel Weight – 32,000 lbs.

i) Basic Operating Weight – 27,150 lbs.

j) Fuel Weight – 20,000 lbs.

k) Payload – 4800 lbs.

4.2 Aircraft Avionics

a) Collins Pro-Line Advanced, or equivalent.

b) Dual Flight Management System with Localizer Performance with Vertical Guidance approach (LVP) and Required Navigational Performance Approach Capabilities (RNP).

c) Synthetic Vision System (SVS).

d) Heads-Up Display (HUD).

e) Enhanced Vision System (EVS).

f) Dual Inertial Reference System (IRS).

g) Dual Satellite-Based Augmentation System/Wide Area Augmentation System

(SBAS/WAAS) GPS.

h) Future Air Navigation System 1/A+ and Controller Pilot Data Link Communication with

Automatic Dependent Surveillance- Contract (FANS 1/A+, CPDLC, ADS-C).

i) MultiScan Weather Radar, or equivalent.

j) 2 each High Frequency (HF) Radios.

4.3 Aircraft Configuration and Age

The aircraft shall be a Long-Range Jet with seating for 9 to 12 passengers. The aircraft shall have an aft lavatory and a forward galley. The aircraft shall be built no earlier than 2012. The maximum tail height shall be 27 feet, a maximum wing span of 100 feet and a maximum length of 100 feet.

4.4 Additional Equipment

a) Cabin Entertainment System.

b) Ka-band In-Flight Internet Connectivity or equivalent.

c) Wi-Fi Connectivity.

d) Satellite Phones, one in the cockpit and one in the cabin with separate lines.

5.0 AIRCRAFT MAINTENANCE

The Lessor shall be responsible for all scheduled and unscheduled maintenance to include parts and labor. The lessor will supply ancillary maintenance equipment to the Government CONUS base, along with the leased aircraft to include 4 complete main wheel assemblies, 2 complete nose wheel assemblies, all associated aircraft plugs and covers, FAA mandated safety equipment to include the life rafts, gear pins, fly away kit, Tron Air Tow Bar Head, Jack pads, one axle jack pad and any required specialty tools. DEA will be responsible for operational consumables as needed, and shall maintain the aircraft in and airworthy condition and in good order. The Lessor is responsible for replacing tires and brakes; however, DEA will complete removal and replacement of wheel assemblies and brakes when the aircraft is at its permanent CONUS base at the time of the need. Overhaul of the wheels shall be the responsibility of the lessor and completed by a certified repair station at the lessor expense. Brakes shall be exchange units where a new or overhauled unit is sent to the DEA CONUS base; who will return the old unit as an exchange core. The Lessor shall be responsible for the replacement of tires and brakes when needed away from the DEA CONUS base. In coordination with the Government, the Lessor shall arrange all scheduled and unscheduled maintenance with the appropriately FAA rated and certified maintenance facility recognized and approved by the aircraft manufacture. If maintenance, damage, repairs, part replacements, or overhauls, are the result of the Government’s own acts, omissions or negligence, the Government shall pay all costs. Should this contention be made, the lessor shall notify the Government as soon as such determination is made and shall keep any parts replaced as a result until verified and accepted by the Government. Lessor shall have a Parts Program whereby all required parts to support aircraft operation are available on short notice.

6.0 AIRCRAFT OPERATIONAL CONTROL

The DEA will be the sole operator of the leased aircraft and have the sole authority to determine if a particular flight may be safely operated and to assign properly rated crew members and to dispatch flights to any location worldwide. The aircraft will be operated in accordance with FAA and ICAO regulations and DEA’s Aviation Division Operations Manual.

7.0 AIRCRAFT MODIFICATIONS

Prior to delivery for operations, the lessor shall modify the aircraft to provide space, weight and power for continuous in-flight satellite tracking equipment to be provided by the government.

(currently a Latitude Skynode S100 system) If after delivery, the DEA decides to modify the aircraft in any way, these modifications will be made at government expense and shall be performed by an FAA rated and certified maintenance/modification facility recognized and approved by the aircraft manufacture in coordination and with approval of the lessor.

8.0 GOVERNMENT FURNISHED EQUIPMENT

The Government will provide the following government furnished equipment (GFE):

a) Latitude Skynode S100 Satellite Tracking System.

8.0 TECHNICAL PUBLICATIONS

The Lessor shall provide and maintain one complete set of updated technical publications

(electronic or paper) required for operation, and maintenance of the aircraft, installed avionics and optional equipment to include, but not limited to aircraft maintenance manuals, aircraft specific wiring manual, illustrated parts manuals, flight manuals and checklist. The Lessor shall ensure updated as-built wiring diagrams for customization and optional equipment are provided.

9.0 TECHNICAL SUPPORT

The Lessor shall provide 24-hour aircraft technical support such as access to OEM field service representatives. This support must be easily accessible from worldwide locations.

10.0 DELIVERY AND ACCEPTANCE

The Government will develop and implement an applicable aircraft acceptance and test procedures to determine if the aircraft, avionics and equipment meets the Government requirements based on the requirements specified in this Statement of Objectives.

11.0 LESSOR’S RESPONSIBILITIES AND OBLIGATIONS

Under the terms of this contract, the aircraft Lessor shall be responsible for provision and cost necessary to deliver the aircraft to the DEA with all appropriate operating certifications and letters, to include:

a) Worldwide RVSM compliant

b) Airworthiness certification for all required modifications.

c) Minimum Navigation Performance Standards.

d) RNP-5 and RNP-10

e) Airshow 4000 or newer, or equivalent.

f) Broadband Satellite capability.

g) All applicable certifications and letters required to operate internationally to include all ICAO compliances, carbon utilization etc.

h) A copy of any private insurance policy the Lessor maintains for the aircraft.

12.0 GOVERNMENT’S RESPONSIBILITIES AND OBLIGATIONS

a) The DEA will be the sole operator of the leased aircraft.

b) All DEA personnel assigned to fly the leased aircraft will be fully type rated current, hold a first- or second-class FAA medical license.

c) All DEA personnel assigned to fly the leased aircraft will attend Flight Safety

International (FSI) training annually for re-current training or initial type training.

d) Only routine Maintenance (tires, oil and minor repair) will be performed by the

DEA, all other maintenance is the responsibility of the Lessor; and,

e) The Leased aircraft will be permanently stationed at an approved, secured and monitored facility. If the permanent base of the aircraft changes, the DEA will immediately notify the owner or company in writing of such new permanent base. The aircraft will not be permanently based outside the continental United States.

13.0 INDEMNIFICATION/INSURANCE

The Government shall indemnify and hold harmless, together with their shareholders, members, directors, officers, employees, agents and subcontractors (Indemnified Parties) from and against all liabilities, claims, damages, losses and expenses, including, but not limited to, claims in tort, whether arising from negligence of the indemnified Parties in connection with or arising out of the bodily injury or death to any passenger on the Aircraft. The above enumerated indemnification is limited to $5M. In the event that damages to aircraft exceed the enumerated limit, the DEA will request additional appropriated funds from Congress to make the Contractor whole.

The Government is self-insured. The Government will be liable when operating the aircraft. The

Contractor shall be liable when they or a sub-contractor is operating the aircraft. Each provision includes hangaring and parking.

14.0 SAFETY AND SURVIVABILITY

The aircraft shall be able to safely perform all assigned missions in accordance with FAA FAR

Part 25 Airworthiness Standards. The Contractor shall ensure that a cockpit voice and flight data recorder is installed that meets FAA survivability standards.

15.0 RECONFIGURATION

The Contractor shall return the aircraft to a commercial configuration and return all installed

GFE equipment to the DEA. The DEA will move the aircraft at its expense to the commercial depot the Contractor selects (within North America) for the physical reconfiguration. Such movement will be made in a timely manner upon request, but not later than 5 days after contract completion or request (whichever is later). The DEA will have personnel at the depot to assist in providing appropriate security control for any classified materials removed from the aircraft. DEA personnel at reconfiguration will take immediate possession of GFE when removed from the aircraft.

DEA PROVISION & CLAUSE MATRIX – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Updated through FAC 2022-04

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SOLICITATION #: 15DDHQ22R00000010

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)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

(a) Factor 1: Corporate Experience

(b) Factor 2: Aircraft Configuration and Specification

(c) Factor 3: Past Performance

(d) Factor 4: Price

[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 more [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

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

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

(End of provision)

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.

x 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/52209-7-information-regarding-responsibility-matters https://www.acquisition.gov/content/52209-12-certification-regarding-tax-matters 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/15304-evaluation-factors-and-significant-subfactors#i1108563 https://www.acquisition.gov/content/52225-7-waiver-buy-american-statute-civil-aircraft-and-related-articles

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SOLICITATION #: 15DDHQ22R00000010

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

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

(End of provision)

JAR 2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (JAN 1998)

(Full text may be found at http://www.ecfr.gov/cgi-bin/text-idx?SID=a2b96acd03ae14bffc1e2ac908f1b3e0&mc=true&node=se48.6.2852_1233_670&rgn=div8)

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x http://www.ecfr.gov/cgi-bin/text-idx?SID=a2b96acd03ae14bffc1e2ac908f1b3e0&mc=true&node=se48.6.2852_1233_670&rgn=div8 http://www.ecfr.gov/cgi-bin/text-idx?SID=a2b96acd03ae14bffc1e2ac908f1b3e0&mc=true&node=se48.6.2852_1233_670&rgn=div8

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SOLICITATION #: 15DDHQ22R00000010

OFFERORS – COMPLETE THE REPRESENTATIONS BELOW AND RETURN THEM WITH YOUR OFFER OR QUOTE IF THE VERSIONS OF THESE PROVISIONS IN YOUR

ANNUAL REPRESENTATIONS AND CERTIFICATIONS IN THE SYSTEM FOR AWARD MANAGEMENT ARE EARLIER THAN OCT 2020.

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

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph

(v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph

(v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

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

x x https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

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SOLICITATION #: 15DDHQ22R00000010

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing

SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications—Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

***** Paragraph (i) Contracting Officer fill-in information: Paragraph (i)(1): The end products being acquired under this solicitation that are included in the List of

Products Requiring Contractor Certification as to Forced or Indentured Child Labor are listed by Schedule of Supplies/Services Item Number as follows: [when applicable, enter item numbers with country of origin in parentheses and separated by commas]

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

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

(v) (2) The Offeror represents that—

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

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

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

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

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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 (JUN 2020)

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

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 (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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 (NOV 2021)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.212-4 ALT I CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) WITH ALTERNATE I (NOV 2021)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2022) (FAC 2022-04)

(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 products and commercial services:

(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 (Nov

2021) (Section 1634 of Pub. L. 115–91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (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 products and commercial services:

[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 (Jun 2020), 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 (Nov 2021) (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 (JUN 2020) (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/far/52.203-17 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

January 2022 Page 7 of 31

SOLICITATION #: 15DDHQ22R00000010

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021)

(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 (Sep 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020).

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) 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 (Nov 2021) (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 (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2021) of 52.219-9.

(18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (Sep 2021) (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 (Sep 2021) (15 U.S.C. 657 f).

(22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(m)).

(25) 52.219–32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219–33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

(27) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2022) (E.O. 13126).

(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

(31)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

(32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(35)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (Nov 2021). (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.)

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