RFP_ICE Sig Sauer Solicitation Final.pdf

Solicitation 70CMSW24R00000005

ICE SIG SAUER IDIQ

COMBINED SYNOPSIS SOLICITATION 70CMSW24R00000005

REQUIREMENT: ICE SIG SAUER IDIQ

This is a solicitation for commercial items prepared in accordance with (IAW) the format in the Federal Acquisition Regulation (FAR) under FAR Part 12 (Acquisition of Commercial Products and Commercial Services) and Part 15 (Contracting by Negotiation). This solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03 dated February 23, 2024.

I. GENERAL INFORMATION:

Background: The Department of Homeland Security (DHS)/Immigration Customs Enforcement (ICE) is the largest federal law enforcement agency whose missions include preventing terrorism and enhancing security, managing our borders, administering immigration and customs laws, and securing cyberspace. A significant part of ICE’s mission is supplying the agents in the field with high quality firearms that allows him/her to perform their law enforcement duties.

Requirement: The scope of this requirement is to procure Sig Sauer firearms, repair parts, and accessories as it is imperative to meet the operational needs of the agency, supporting over 14,000-armed agent and officers deployed across diverse field offices. This requirement addresses the immediate and future requirements of the expanding team of Homeland Security, Enforcement Removal Operations (ERO), Office of Professional Responsibility (OPR), Special Response Team (SRT), Fugitive Operations Teams (FUGOPS), and Medical Personnel by ensuring their preparedness, safety, and effectiveness in safeguarding our mission and responsibilities. The submachine guns and micro pistols must function reliably in an array of harsh environmental conditions often encountered by ICE armed employees across the world.

Specifically, ICE plans to procure Sig MPX Submachine Guns, P365 Pistols, Replacement Parts, Accessories, and Components. All firearms must meet the specifications IAW Attachment 1- Statement of Work (SOW).

North American Industrial Classification System (NAICS): The associated NAICS code for this requirement is 332994, Small Arms, Ordnance, and Ordnance Accessories Manufacturing.

Product Service Code (PSC): The associated PSC is 5342 Hardware, Weapon System

100% Small Business Set-aside Procurement: This acquisition is being solicited as a 100% Small Business set aside. The Government will consider and evaluate proposals from Small Businesses under the above NAICS code.

II. INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ):

Type of Contract: IAW FAR Parts 12 and 15, ICE intends to award a single award Indefinite Delivery-Indefinite Quantity (IDIQ) contract whereby firm-fixed-price (FFP) delivery orders will be issued.

Period of Performance: The ordering period of the anticipated IDIQ contract is date of award through 60 months from date of award (5 years total). Delivery Orders (DOs) may have a period of performance of 12 months beyond the last day of the contract’s ordering period. A DO may be placed against the contract on or before the last day of the contract’s ordering period.

IDIQ award will include five (5) ordering periods, as follows, and individual item prices will be proposed for each ordering period in Attachment 2- Pricing Schedule:

Base Period: 12-month period from date of award Ordering Period 1: TBD- Next 12-month period Ordering Period 2: TBD- Next 12-month period Ordering Period 3: TBD- Next 12-month period Ordering Period 4: TBD- Next 12-month period

Guaranteed Minimum: Under this contract, the Government will acquire a minimum number of supplies totaling $100,000.00 per IDIQ base award, if applicable. Funding will be applied to the first Delivery Order.

Maximum Ordering: Under this contract, the Government's maximum amount (ceiling) of acquiring supplies shall not to exceed (NTE) $9,800,000.00.

Delivery Terms: Delivery is free-on-board (FOB) Destination to numerous DHS/ICE component locations within the United States and its territories in accordance with the Statement of Work (Attachment 1). Specific delivery destination will be specified at the delivery order level.

Individuals authorized to purchase under the IDIQ: Any warranted ICE Contracting Officer (CO) may award a DO against the IDIQ vehicle. In addition, the IDIQ CO has the overall responsibility for the administration of the terms and conditions of the IDIQ. The IDIQ CO maintains IDIQ oversight, conducts quality reviews, establishes ordering guidelines, and provides support to the program office, resolve issues with Components and industry, and issues modifications as needed. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

Delivery Orders (post award of the IDIQ award): The Contractor shall provide adequate commercial packaging and marking for shipping and delivery of all equipment ordered for receipt in undamaged condition. Containers and closures shall comply with Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

At a minimum, each DO shall include the following information from the IDIQ awardee to the Government:

- Contractor Name and Full Address

- Contractor Unique Entity Identifier (UEI)

- IDIQ Base Number/DO Number

- Itemized list of commodities being provided

- Quantity and Unit Price for each item

- POP of the DO and estimated deliver date of items

- Total Price

Warranty: Unless specified otherwise in the agreement, the Contractor’s standard commercial guarantee/warranty as stated in the contractor’s commercial price list will apply.

III. PROPOSAL CONTENT:

NOTE: LATE PROPOSAL SUBMISSION WILL NOT BE ACCEPTED

PROPOSAL CONTENT:

Offerors are cautioned to review the RFP and ensure that the proposal submitted is fully responsive and complies with all requirements of the RFP. Each proposal shall clearly demonstrate that the offeror understands the overall and specific technical requirements of the SOW. The offeror shall provide the requested Technical Approach, Delivery Time, and pricing information as specified in this solicitation. Failure to address all requirements of the RFP in the proposal may result in the proposal being removed from consideration for award by the Government. Clarity and completeness of the proposal is of the utmost importance. The proposal shall be written in a practical, clear, and concise manner. It shall use quantitative terms whenever possible and shall avoid qualitative adjectives to the maximum extent possible.

Proposals shall be legible, single- space, type-written in a type size not smaller than a twelve

(12) point font, on paper not larger than eight-and-one-half-by-eleven inches.

Amendments: Any changes to a proposal made by an Offeror after its initial submission shall be submitted following the same instructions in this section for the appropriate volume to the address specified herein. Changes shall be described in summary format and the changes/replacement pages shall be clearly identifiable. Changes from the original page shall be indicated on the outside margin by vertical lines adjacent to the change. The Offerors shall include the date of the amendment at the bottom of the changed pages.

IV. PROPOSAL SUBMISSION DATES AND INSTRUCTIONS:

QUESTIONS: Questions concerning the Request for Proposal (RFP) shall be submitted via e-mail, no later than Wednesday, June 12, 2024, at 10:00AM Eastern Standard Time (EST) to ICE Contracting Officer (CO), Mona Mehta at Mona.Mehta@ice.dhs.gov and ICE Contract Specialist Keara Jacobs (CS) at Keara.L.Jacobs@associates.ice.dhs.gov . Offerors shall cite the attachment number, section, paragraph, and page number of the document that their question pertains to. Answers will be provided to all prospective offerors, giving regard to the proper protection of proprietary information. U.S. Immigration and Customs Enforcement (ICE) recommends that offerors ensure questions are written to enable a clear understanding as to the offeror’s issues or concerns. Statements expressing opinions, sentiments or conjectures are not considered valid inquiries or comments for this purpose and will not receive a response from

ICE.

mailto:Mona.Mehta@ice.dhs.gov mailto:Keara.L.Jacobs@associates.ice.dhs.gov

PROPOSAL DUE DATE: Proposals shall be received no later than Friday, June 28, 2024, at 4:00PM EST to Mona Mehta at Mona.Mehta@ice.dhs.gov and Keara Jacobs at Keara.L.Jacobs@associates.ice.dhs.gov to be considered for award. Please refer to this combined synopsis/solicitation (RFP), as well as other relevant FAR Clauses, Provisions, HSAR Clauses, and Terms and Conditions, for additional submission instructional and evaluation procedures.

*IMPORTANT: Physical samples for alternate parts must be received at Armory Operations Unit, 320 E. Chestnut Avenue, Altoona, PA 16640 prior to the final submission due date.

IAW FAR 15.203 (Requests for Proposals), the offeror’s proposal must be submitted in TWO

(2) separate volumes: Volume I – Technical Approach and Delivery Time; and Volume II – Pricing. Each of the volumes shall be separate and complete so that an evaluation of each may be accomplished independently and simultaneously.

Volumes I and II submissions shall be labeled “RFP 70CMSW24R00000005” and sent directly via Electronic Email (e-mail) ONLY to Mona Mehta at Mona.Mehta@ice.dhs.gov and Keara Jacobs at Keara.L.Jacobs@associates.ice.dhs.gov and shall not exceed 20 MB (Megabytes) each.

All email submissions must be clearly marked: “70CMSW24R00000005 Volume (#) Proposal” in the subject line of the email(s).

The submissions shall be provided in MS Word Version 2010 or later and/or Excel Version 2010 or later., PDF, or some combination thereof. Text shall not be font size smaller than 12-point. Font size smaller than 12-point may be used for graphics and tables but should not be smaller than 10-point font size. However, illegible fonts will not be evaluated.

Proposals that fail to provide information in the format requested may be found unacceptable and may be rejected without further consideration if the Contracting Officer determines that a significant revision or addendum to the offeror’s proposal would be required to permit further evaluation.

Failure to provide any required documents may result in the proposal being removed from consideration for award by the Government.

It is the sole responsibility of the offeror to ensure that the electronic media submitted is virus free and can be opened and read by the government. If the electronic media cannot be opened and read by the government, the offer may be considered non-responsive and that may render the offerors’ ineligible for any award. The deadline for submission of the electronic copy of the proposal is firm. The electronic copy of the proposal in the recipient’s e-mail box will constitute the official copy for timely receipt. Late submissions will not be considered.

Volume I- Technical Approach & Delivery Time

The Government has determined that a Brand Name evaluation criteria will meet the needs of the mailto:Keara.L.Jacobs@associates.ice.dhs.gov mailto:Keara.L.Jacobs@associates.ice.dhs.gov

Agency. Attachment 2 details the comprehensive list of 167 SIG Sauer Weapons, Parts and Accessories that will be needed over the entire 5-year period of performance. The offeror shall provide a price for each item that can be provided during each ordering period. Prices should not be provided for parts that cannot be supplied during any of the five (5) specific ordering periods.

The Offeror shall provide the anticipated delivery times for each item provided.

This is a brand-name acquisition. Submission of other than the specified brand name will not be considered.

Volume II- Pricing

The offeror shall complete Attachment 2 as part of their price proposal. The price proposal must contain all information necessary to allow for a comprehensive evaluation of the prices proposed by the offeror. This includes completing an estimated total price for each CLIN based on the provided estimates. Pricing shall be valid for 120 calendar days after the date that proposals are due.

PROPOSAL PREPARATION COST

The Government will not pay costs incurred by any offeror in the preparation and submission of a proposal in response to this RFP. The Contracting Officer is the only person who can legally obligate the Government for the expenditure of public funds regarding this procurement.

V. EVALUATION CRITERIA:

A. BASIS FOR AWARD:

IAW FAR Part 15.101-1, Tradeoff process, the Government will award an IDIQ contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and will be most advantageous to the Government, price and other factors considered. This analysis consists of the evaluating the offeror’s availability to provide the weapons, parts, and accessories to meet the minimum requirements of the SOW and submitting pricing. IDIQ Award may be made without discussions.

The RFP Evaluation Factors are as follows:

• Factor 1 - Technical Approach

• Factor 2 - Delivery Time

• Factor 3 - Price

Relative Importance of Evaluation Factors:

The evaluation factors are stated in descending order of importance. Factors 1 and 2 are referred to as non-price factors. Non-price factors (when combined) are significantly more important than Price. As the non-price evaluation factors approach equality, price becomes more important in making the award determination. Any offeror receiving an UNACCEPTABLE rating for this Factor will not be eligible for award.

If two or more proposals are determined not to have any substantial technical differences (i.e., are technically equivalent), award may be made to the lower priced proposal(s). It should be noted that award may be made to other than the lowest priced proposal(s) if the Government determines that a price premium is warranted due to an offerors ability to provide a higher volume of the required items listed in Attachment 2 or having the ability to exceed the required delivery timeframes. The Government may also award to other than the highest technically rated proposal, if the Government determines that a price premium is warranted.

Evaluation Criteria for Factor 1- Technical Approach

The Government will evaluate whether the Quoter submitted the Sig Sauer comprehensive list of 167 SIG Sauer Weapons, Parts and Accessories as required by the manufacturer part listed in Attachment 2.

Factor 1 – Technical Approach will be assessed an adjectival ratings as follows:

Excellent Contractor provides individual pricing for between 90-100% of the total items listed in Attachment 2 (Range of 160 to 167 items proposed)

Good Contractor provides individual pricing for between 80-89% of the total items listed in Attachment 2 (Range of 150 to 159 items proposed)

Acceptable Contractor provides individual pricing for between 60-79% of the total items listed in Attachment 2 (Range of 145 to 149 items proposed)

Unacceptable Contractor provides individual pricing for less than 60% of the total items listed in Attachment 2 (Range of 0 to 144 items proposed)

Note: An Unacceptable rating for Factor 1 will result in the quote not being considered for award.

Evaluation Criteria for Factor 2, Delivery Time

The Government will evaluate the Offerors ability to adhere to the proposed delivery schedule ensuring timeliness, reliability, and adherence to the proposed timelines.

Factor 2 – Delivery Time will be assessed a an adjectival ratings as follows:

Excellent Ability to deliver within 31-75 days after receipt of award (ARO)

Good Ability to deliver within 76-120 days after receipt of award (ARO)

Acceptable Ability to deliver within 121-180 days after receipt of award (ARO)

Unacceptable Delivery exceeds 180 days after receipt of award (ARO)

Note: An Unacceptable rating for Factor 2 will result in the quote not being considered for award.

Evaluation Process for Factor 3- Price.

Price proposals will not be assigned an adjectival rating but will be evaluated with respect to reasonableness and completeness based on the information submitted in the Offeror’s price proposals. IAW FAR 15.404-1, the following price analysis techniques will be used to ensure the proposed prices are fair and reasonable:

Reasonableness. The Government will evaluate the total proposed price for reasonableness inclusive of all the Ordering Periods (Base Period plus all Optional Periods). The Government may utilize one or more of the following methods to evaluate price reasonableness:

• Comparison to other proposals received.

• Comparison/analysis to historical prices paid for similar firearms by

ICE.

• Comparison/analysis to competitive published under SIG firearms pricing lists.

Completeness. The Government’s price evaluation will also assess the accuracy and completeness of the price proposal, which involves verification that:

• All line items are priced in Attachment 2- Pricing Schedule.

• Pricing figures are correctly calculated; and

• Prices/discounts are presented in the adequate format.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This amount will be the total evaluated price (TEP).

The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

VI. FAR CLAUSES/PROVISIONS SECTION:

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at this internet address: http://acquisition.gov/far/index.html.

FAR

Clause No.

Title Date

52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-16 Preventing Personal Conflicts of Interest. Jun 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-12 Unique Identity Identifier Maintenance. Oct 2016 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Nov 2021 52.204-29

Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

Dec 2023

52.209-6 Protecting the Government's Interests When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

Oct 2018

52.212-4 Contract Terms and Conditions-Commercial Items Nov 2023 52.212-4 Alternate I Nov 2021 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Products and Commercial Services Dec 2023

52.216-23 Execution and Commencement of Work. Apr 1984 52.222-19 Child Labor—Cooperation with Authorities and Remedies. Nov 2023 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Jun 2020 52.223-6 Drug-Free Workplace. Oct 2015 52.224-1 Privacy Act Notification. Apr 1984 52.224-2 Privacy Act. Apr 1984 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-1 Disputes May 2014 52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989 52.243-1 Changes-Fixed Price Nov 2021 52.243-4 Changes Jun 2007 52.246-2 Inspection of Supplies-Fixed-Price Aug 1996 52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 1984 52.249-8 Default (Fixed-Price Supply and service). Jan 1991

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (FEB 2024)

(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 Internal Confidentiality Agreements or Statements

(JAN 2017)

(2) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (DEC 2023)**

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)**

(4) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

(6) 52.233-3 Protest After Award (AUG 1996)

(7) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

(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:

(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

Alternate I (NOV 2021)

(2) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021)

(3) 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUNE 2010)

(4) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)

(5) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

(6) [Reserved]

(7) 52.204-14 Service Contract Reporting Requirements (OCT 2016)

(8) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016)

(9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(10) 52.204-28 Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023)

(11) 52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (DEC 2023)

Alternate I (DEC 2023) of 52.204-30

(12) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

(13) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018)

(14) [Reserved]

(15) 52.219-3 Notice of HubZone Set-Aside of Sole-Source Award (OCT 2022)

(16) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)

(17) [Reserved]

(18) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

Alternate I (MAR 2020)

(19) 52.219-7 Notice of Partial Small Business Set-Aside (NOV 2020)

(20) 52.219-8 Utilization of Small Business Concerns (FEB 2024)

(21) 52.219-9 Small Business Subcontracting Plan (SEP 2023)

Alternate I (NOV 2016)

Alternate II (NOV 2016)

Alternate III (JUN 2020)

Alternate IV (SEP 2023)

(22) 52.219-13 Notice of Set-Aside of Orders (MAR 2020)

(23) 52.219-14 Limitations on Subcontracting (OCT 2022)**

(24) 52.219-16 Liquidated Damages – Subcontracting Plan (SEP 2021)

(25) 52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program Set-Aside (FEB 2024)

(26) 52.219-28 Post Award Small Business Program Rerepresentation (FEB 2024)

(27) 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (OCT 2022)

(28) 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 (OCT 2022)

(29) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020)

(30) 52.219-33 Nonmanufacturer Rule (SEP 2021)

(31) 52.222-3 Convict Labor (JUN 2003)

(32) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (FEB 2024)

(33) 52.222-21 Prohibition of Segregated Facilities (APR 2015)

(34) 52.222-26 Equal Opportunity (SEPT 2016)

Alternate I (FEB 1999)

(35) 52.222-35 Equal Opportunity for Veterans (JUN 2020)

Alternate I (JUL 2014)

(36) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

Alternate I (JUL 2014)

(37) 52.222-37 Employment Reports on Veterans (JUN 2020)

(38) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

(39) 52.222-50 Combating Trafficking in Persons (NOV 2021)

Alternate I (MAR 2015)

(40) 52.222-54 Employment Eligibility Verification (MAY 2022) (Executive Order 12989)

(41) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Products

(MAY 2008)

Alternate I (MAY 2008)

(42) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016)

(43) 52.223-12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)

(44) 52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment (JUNE 2014)

Alternate I (OCT 2015)

(45) 52.223-14 Acquisition of EPEAT®-Registered Televisions (JUNE 2014)

Alternate I (JUNE 2014)

(46) 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020)

(47) 52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

Alternate I (JUNE 2014)

(48) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

(49) 52.223-20 Aerosols (JUN 2016)

(50) 52.223-21 Foams (JUN 2016)

(51) 52.224-3 Privacy Training (JAN 2017)*

Alternate 1 (JAN 2017)

(52) 52.225-1 Buy American – Supplies (OCT 2022)

Alternate I (OCT 2022)

(53) 52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act (NOV 2023)

Alternate I [Reserved]

Alternate II (DEC 2022)

Alternate III (FEB 2024)

Alternate IV (OCT 2022)

(54) 52.225-5 Trade Agreements (NOV 2023)

(55) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

(56) 52.225-26 Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(57) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007)

(58) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

(59) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021)

(60) 52.232-29 Terms for Financing of Purchases of Commercial Items (NOV 2021)

(61) 52.232-30 Installment Payments for Commercial Items (NOV 2021)

(62) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)

(63) 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management

(JUL 2013)

(64) 52.232-36 Payment by Third Party (MAY 2014)

(65) 52.239-1 Privacy or Security Safeguards (AUG 1996)

(66) 52.242-5 Payments to Small Business Subcontractors (JAN 2017)

(67) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021)

Alternate I (APR 2003)

Alternate II (NOV 2021)

(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 implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.222-41 Service Contract Labor Standards (AUG 2018)

(2) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

(3) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

(4) 52.222-44 Fair Labor Standards Act and Service Contract Act—Price Adjustment (MAY 2014)

(5) 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)

(6) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014)

(7) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)*

(8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

(9) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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), in a subcontract for commercial products or commercial services. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232.) **

(vi) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(vii) (A) 52.204-30 Federal Acquisition Supply Chain Security Act Orders – Prohibition (DEC 2023) (Pub. L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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 the applicable threshold specified in FAR 19.702(a) on the date of the subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEPT 2015) (E.O. 11246)

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O.12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).*

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)

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

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

(xxiii) 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).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C 3801). Flow down required in accordance with paragraph (c) of 52.232-

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) 46

U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.225-19 Contractor Personnel in a Designated Operational Area of Supporting a Diplomatic or Consular Mission Outside the United States (MAY 2020) This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

**FAR DEVIATIONS** If any of the below clauses are checked above, the below text will be applicable.

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (DEVIATION 20-05)

(a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018;

and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing via email, to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information contained in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 2020-05) (DEC 2020)

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors 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.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.224-3 Privacy Training – Alternate I (DEVIATION)

(a) Definition. As used in this clause, personally identifiable information means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget (OMB) Circular A–130, Managing Federal Information as a Strategic Resource).

(b) The Contractor shall ensure that initial privacy training, and annual privacy training thereafter, is completed by contractor employees who—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information on behalf of an agency; or

(3) Design, develop, maintain, or operate a system of records (see also FAR subpart 24.1 and 39.105).

(c) The contracting agency will provide initial privacy training, and annual privacy training thereafter, to Contractor employees for the duration of this contract. Contractor employees shall satisfy this requirement by completing Privacy at DHS: Protecting Personal Information accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Training shall be completed within 30 days of contract award and be completed on an annual basis thereafter not later than October 31st of each year.

(d) The Contractor shall maintain and, upon request, provide documentation of completion of privacy training to the Contracting Officer.

(e) The Contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information, or to design, develop, maintain, or operate a system of records unless the employee has completed privacy training, as required by this clause.

(f) The substance of this clause, including this paragraph (f), shall be included in all subcontracts under this contract, when subcontractor employees will—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or

(3) Design, develop, maintain, or operate a system of records.

CLAUSES INCORPORATED IN FULL TEXT

52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of Clause)

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.