RFQ 70RFP322QEH000006.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

OPO/FPS/EACCG/HQ/NC

Philadelphia PA 19106

701 Market Street, Suite 3200 Ofc of Procurement Operations - FPS U.S. Dept. of Homeland Security DHS/FPS/East CCG/HQ-Natl Contracts

VA0868 CODE 16. ADMINISTERED BYCODE

X

X

X

332999

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70RFP3

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/29/2022 1000 ES

04/14/2022

215 521 2264Cynthia Lecator (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RFP322QEH000006

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 73 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Attn: Cynthia Lecator

TELEPHONE NO.

17a. CONTRACTOR/

Alexandria VA 22312 6315 Bren Mar Drive, Suite 102 Federal Protective Service

15. DELIVER TO

Philadelphia PA 19106 701 Market Street, Suite 3200 Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FPS EAST CCG DIV 3 ACQ DIV(70RFP3)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this Request for Quotation (RFQ) is to obtain pricing and information concerning the award of civil unrest equipment in accordance with the attached Statement of Work and Terms and Conditions.

This solicitation will result in the award a Blanket Purchase Agreement (BPA) to the responsible small business whose offer confirming to the solicitation will be the most advantageous

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Peter J. Andrews

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

to the Government considering Relevant Relevant

Past Performance and Price.

Quotations shall be sent via email no later than

(10:00 A.M.), EST 04/29/2022 at the following address: Cynthia Lecator, Contract Specialist at cynthia.d.lecator@fps.dhs.gov.

Questions shall be submitted in writing via email no later than 04/21/2022 to the Contract

Specialist (CS), Cynthia Lecator at cynthia.d.lecator@fps.dhs.gov. Telephonic questions will not be accepted and no additional questions will be accepted after 10:00 A.M. EST on 04/21/2022.

Period of Performance: 05/16/2022 to 05/15/2025

0001 Ordering Period One: Riot Helmets 500 EA

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2022 to 05/15/2023

0002 Ordering Period One: Upper Body and Shoulder 500 EA

Protectors

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

73 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP322QEH000006

Period of Performance: 05/16/2022 to 05/15/2023

0003 Ordering Period One: Groin Protection System 500 EA

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2022 to 05/15/2023

0004 Ordering Period One: Thigh Protection System 500 EA

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2022 to 05/15/2023

0005 Ordering Period One: Forearm and Elbow Protectors 500 EA

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2022 to 05/15/2023

0006 Ordering Period One: Shin and Knee Protectors 500 EA

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2022 to 05/15/2023

0007 Ordering Period One: Tactical Gloves 500 EA

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2022 to 05/15/2023

0008 Option Period One: Overalls 500 EA

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2022 to 05/15/2023

0009 Ordering Period One: Metatarsal Guards 500 EA

Product/Service Code: 4240

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP322QEH000006

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2022 to 05/15/2023

0010 Ordering Period One: Equipment Bag 500 EA

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2022 to 05/15/2023

1001 Ordering Period Two: Riot Helmets 400 EA

(Option Line Item)

01/02/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2023 to 05/15/2024

1002 Ordering Period Two: Upper Body and Shoulder 400 EA

Protectors

(Option Line Item)

01/02/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2023 to 05/15/2024

1003 Ordering Period Two: Groin Protection System 400 EA

(Option Line Item)

01/02/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2023 to 05/15/2024

1004 Ordering Period Two: Thigh Protection System 400 EA

(Option Line Item)

01/02/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP322QEH000006

Period of Performance: 05/16/2023 to 05/15/2024

1005 Ordering Period Two: Forearm and Elbow Protectors 400 EA

(Option Line Item)

01/02/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2023 to 05/15/2024

1006 Ordering Period Two: Shin and Knee Protectors 400 EA

(Option Line Item)

01/02/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2023 to 05/15/2024

1007 Ordering Period Two: Tactical Gloves 400 EA

(Option Line Item)

01/02/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2023 to 05/15/2024

1008 Option Period Two: Overalls 400 EA

(Option Line Item)

01/02/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2023 to 05/15/2024

1009 Ordering Period Two: Metatarsal Guards 400 EA

(Option Line Item)

01/03/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2023 to 05/15/2024

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP322QEH000006

1010 Ordering Period Two: Equipment Bag 400 EA

(Option Line Item)

01/02/2023

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2023 to 05/15/2024

2001 Ordering Period Three: Riot Helmets 300 EA

(Option Line Item)

01/02/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

2002 Ordering Period Three: Upper Body and Shoulder 300 EA

Protectors

(Option Line Item)

01/02/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

2003 Ordering Period Three: Groin Protection System 300 EA

(Option Line Item)

01/02/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

2004 Ordering Period Three: Thigh Protection System 300 EA

(Option Line Item)

01/02/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

2005 Ordering Period Three: Forearm and Elbow 300 EA

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP322QEH000006

Protectors

(Option Line Item)

01/02/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

2006 Ordering Period Three: Shin and Knee Protectors 300 EA

(Option Line Item)

01/02/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

2007 Ordering Period Three: Tactical Gloves 300 EA

(Option Line Item)

01/02/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

2008 Ordering Period Three: Overalls 300 EA

(Option Line Item)

01/02/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

2009 Ordering Period Three: Metatarsal Guards 300 EA

(Option Line Item)

12/01/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

2010 Ordering Period Three: Equipment Bag 300 EA

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

8 73

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RFP322QEH000006

01/02/2024

Product/Service Code: 4240

Product/Service Description: SAFETY AND RESCUE

EQUIPMENT

Period of Performance: 05/16/2024 to 05/15/2025

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

70RFP322QEH000006

Civil Unrest Equipment

01. DESCRIPTION OF SUPPLIES

The Contractor shall furnish civil unrest equipment as defined in the Statement of Work for the Federal Protective Service (FPS) Law Enforcement Operations Division (LEOD).

02. CONTRACT TYPE

Supplies shall be furnished via a single award Blanket Purchase Agreement (BPA) with fixed unit prices issued in accordance with FAR Part 12 and evaluated in accordance with FAR 13.3. Resultant orders (Calls) under this BPA will be fixed price.

03. ESTIMATED QUANTITIES

a. The total estimated ceiling value of the BPA is the total awarded price, inclusive of all Option periods.

b. The Government reserves the right to order up to the estimated quantities set forth in the Schedule.

c. Each Call issued under this BPA will be issued for the actual known requirement at that time, will be accompanied by the location and other information needed to deliver the equipment. Contractors will be paid only for civil unrest equipment ordered and delivered at the established unit prices as contained in the Call. The Government has the unilateral right to add, decrease, cancel, or modify quantities stated in each Call issued at the established unit prices, as long as the change is within the scope of the BPA and the associated Call. The cumulative total of all Calls issued under the BPA shall not exceed the BPA estimated ceiling price and/or estimated quantities unless and until the Contracting Officer notifies the contractor in writing that the BPA ceiling price has been increased and specifies in the notice a revised ceiling price that shall constitute the estimated ceiling price for performance under this BPA.

04. PRICES

The Blanket Purchase Agreement will be issued as a firm fixed price.

A. Pricing Required for All Supplies and Performance Periods

Contractors must propose prices for all supplies required during the Ordering Period One as well as for each subsequent ordering period in order to be considered for award. Contractor’s submitting partial pricing information shall be considered ineligible for award.

05. PACKING AND MARKING

A. PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer or the Contracting Officer Representative (COR) shall be paid by the Contractor.

B. MARKING

All information submitted to the Contracting Officer, or the Contracting Officer Representative (COR)shall clearly indicate the Blanket Purchase Agreement and Call number for which the information is being submitted.

06. DELIVERIES OR PEFORMANCE

The full term of the BPA will be three (3) years, if all established ordering periods are utilized.

The start and end dates for the base ordering period and each optional ordering period will be defined within the Blanket Purchase Agreement. The Contractor shall deliver all civil unrest protection equipment to the FPS office identified within (45) business days after award.

Alternate delivery schedules will be established upon written approval from the Contracting Officer Representative and Contracting Officer. Established optional ordering periods may be exercised in accordance with FAR 52.217-7- Option for Increased Quantity- Separately Priced Line Item and FAR 52.217-9 - Option to Extend the Term of the Contract.

08. CONTRACT ADMINISTRATION

A. SUBMISSION OF INVOICES

1. After award of this BPA, but prior to performance, the contractor shall meet with the Contract Specialist upon request to discuss proper invoice preparation and submission. The contractor and government shall agree on a standardized invoice format to be used for submission of all invoices under this contract that meets the requirements of FAR 52.212-4 - Contract Terms and Conditions Commercial Items, Paragraph (g) “Invoice.” Use of a standardized invoice format will facilitate timely invoice reviews and approvals. Failure to use the agreed standardized invoice format shall result in rejection of invoices.

2. Invoices shall be submitted for payment within 30 days after completion of the prior month’s deliveries. Invoices shall not contain any employee Personally Identifiable Information (PII). Invoices shall be submitted via one of the following two (2) methods:

1.By mail: DHS, FPS

Financial Operations-Burlington P.O. Box 1279 Williston, VT 05495-1279 Attn: FPS Region HQ

2.By e-mail: FPSInvoice.Consolidation@ice.dhs.gov.

The invoice number and FPS Region HQ shall be annotated in the subject line of the e-mail.

Only one invoice shall be submitted per e-mail message. The invoice attached to the e-mail shall be in Portable Document Format (PDF).

Invoices submitted by other than one of these two methods will be returned and not processed.

C. Contractors shall provide an informational copy of each invoice to the Contract Specialist, Cynthia Lecator, Cynthia.d.lecator@fps.dhs.gov, and Contracting Officer’s Representative, Marti.m.lewis@fps.dhs.gov, concurrent with submission to the designated billing office referenced above.

4. In addition to the information required for a proper invoice as identified in FAR 52.212-4 (g) (1), Contract Terms and Conditions – Commercial Items, the contractor shall include the following information:

1. Annotate “FPS Region HQ” on the face of each invoice mailto:FPSInvoice.Consolidation@ice.dhs.gov mailto:Cynthia.d.lecator@fps.dhs.gov mailto:Marti.m.lewis@fps.dhs.gov

2. Clearly identify the supplies that were rendered and the date the supplies were delivered to the government.

3. Cite the identical CLIN description on the invoice as what is cited within the CLIN description listed on the invoice as what is cited within the CLIN description listed in the BPA.

E. Contractors shall submit only one invoice per task order per month. Failure to comply with these submission requirements will result in rejection of the invoice.

F. Final invoices shall be marked “FINAL” and be accompanied by an executed “Contractor’s Release” (DHS Form 700-3) available at http://dhsconnect.dhs.gov/org/comp/mgmt/ocio/forms/Forms/DHS%20Form%20700- 3.pdf or by request to the Contracting Officer.

B. PAYMENTS

1. Payment will be due on the 30th calendar day after receipt of a proper invoice or date of receipt of supplies.

2. It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of specifications and requirements of this BPA.

3. The Contractor is responsible for submitting accurate invoices that reflect the actual supplies provided. The Contractor shall compute the invoice price to reflect the actual amount of supplies furnished. Repeated substantiated errors in invoicing may adversely affect the performance assessments assigned during the pendency of the BPA. Submission of false invoices shall be subject to contractual and legal actions.

4. Any inquiries regarding payment shall be directed to the CS.

09. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer (CO)

1. The CO for this RFQ and resultant award is: Peter J. Andrews, 215 521-2261, peter.j.andrews@hq.dhs.gov.

2. The Administrative Contracting Officer (s) may be assigned after award.

3. The CO has the overall responsibility for the administration of the BPA. The CO alone is authorized to take action on behalf of the Government to amend, modify or deviate from the order terms and conditions; make final decisions on satisfactory performance; terminate the BPA for convenience or default; and issue final decisions regarding questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

B. Contracting Officer Representative (COR)

1. The Contracting Officer’s Representative (COR) for the BPA is: Marti Lewis, Marti.m.lewis@fps.dhs.gov.

http://dhsconnect.dhs.gov/org/comp/mgmt/ocio/forms/Forms/DHS%20Form%20700-3.pdf http://dhsconnect.dhs.gov/org/comp/mgmt/ocio/forms/Forms/DHS%20Form%20700-3.pdf mailto:peter.j.andrews@hq.dhs.gov

2. The COR is designated to assist the CS in the discharge of responsibilities when they are unable to be directly in touch with the BPA supplies. In the event that the COR is absent or unavailable, another COR Alternate will be designated. The responsibilities of the COR and his/her alternate include but are not limited to: determining the adequacy of performance by the Contractor in accordance with the terms and conditions of the BPA, acting as the Government’s representative; ensuring compliance with the BPA requirements is concerned; and advising the CS of any factors which may cause delay in the delivery of supplies.

3. After the award of the BPA, the CO will issue a Delegation of Authority memorandum to the COR that details the scope of duties the COR is authorized to perform and manage. The COR cannot make any decisions regarding the performance of the purchase order except as outlines in the memorandum. A copy of the memorandum shall be sent to the Contractor.

4. The Contractor shall immediately notify the CO in the event the COR directs the Contractor to perform work that the Contractor believes is not part of the BPA and/or Calls or the COR assumes duties not designed in the memorandum. The CO will them make a determination as to the issue and respond to all affected parties in the most appropriate manner deemed necessary.

10. SPECIAL CONTRACT REQUIREMENTS

01. DISCLOSURE OF INFORMATION

(a) Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. However, marking of items will not necessarily preclude disclosure. All FOIA requests for procurement material will be handled according to agency procedures at 6 CFR Part5, Subpart B.

(b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this effort and must not be divulged or made known in any manner to any person except as may be necessary in the performance of this requirement.

(c) In performance of this effort, the Contractor assumes responsibility for the protection and confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees.

(d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. 641, Public Money, Property or Records. That section provides in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine as prescribed by Section 641, or imprisoned up to ten years, or both.

02. PERSONALLY IDENTIFIABLE INFORMATION (PII)

The Contractor is responsible for submitting in a secure manner all PII generated and/or used in the execution of the efforts within the SOW included herein. Specifically, establishing, managing and/or maintaining all PII herein shall be done so in a secure manner, to include but not limited to: Password protection or encryption via e-mail with the password provided out of band.

i. Coordinating the receipt of a fax prior to sending the fax; and

ii. Using a tracking mechanism for packages that are physically mailed

(a) The Contractor agrees to immediately, and in no event later than one hour after discovery, report any actual or suspected breach of PII to the COR and CO. Suspected breaches of PII include, but are not limited to, loss of control, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access whether physical or electronic. The Contractor is responsible for positively verifying that notification is received and acknowledgement by at least one of the foregoing Government parties.

(b) The Contractor shall have in place procedures and the capability to promptly notify any individual whose PII was, or is reasonably believed to have been, breached, as determined appropriate. The method and the content of any notification by the Contractor shall be coordinated with, and subject to the prior approval of the Government, based upon a risk analysis conducted by the Government in accordance with DHS Privacy incident handling guidance. Notification shall not proceed unless the Government has determined that:

i. Notification is appropriate; and

ii. Notification would not impede a law enforcement investigation or jeopardize national security

(a) Subject to Government analysis of the breach and the terms of its instructions to the Contractor regarding any resulting breach notification, a method of notification may include letters to affected individuals sent by first class mail, electronic means, or general public notice, as approved by the Government. A minimum a notification shall include:

i. A brief description has to how the breach occurred;

ii. A description of the types of personal information involved in the breach

iii. A statement as to whether the information was encrypted or protected by other means;

iv. Steps an individual may take to protect themselves;

v. What is being done to investigate the breach, to mitigate losses and to protect against further breaches; and

vi. Provide point of contact information identifying who affected individuals may contact for further information

(a) In the event that a PII breach occurs as a result of the violation of a term or condition of this effort by the Contractor or its employees, the Contractor shall, as directed by the CO and at no additional cost to the Government, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected individuals for a period not to exceed twelve (12) months from discovery of the breach. Should the Government elect to provide and/or procure notification or identity protection services in response to a breach, the Contractor shall be responsible for reimbursing the Government for those expenses.

03. ADVERTISING, PUBLICIZING AWARDS and NEWS RELEASES

All press releases or announcements about agency programs, projects and contract awards need to be cleared by the Program Office and the CO. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services or equipment furnished pursuant to the provisions of this effort in any publicity news release or commercial advertising without first obtaining explicit written consent to do so from the Program Office and the CO.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine as prescribed by Section 641, or imprisoned up to ten years, or both.

No additional information on this page.

VI. CONTRACT CLAUSES

01. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This solicitation incorporates one or more clauses by reference, with same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far.

In successfully responding to this Request for Quotation (RFQ) the Contractor acknowledges that their company specific data is current and accurate in the Systems for Award Management (SAM) www.sam.gov.

Clause Number Title Date 52.201-1 Definitions JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights

JUN 2020

52.204-7 Systems for Award Management OCT 2018

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

52.219-14 Limitations on Subcontracting (DEVIATION 19-01) SEP 2021 52.223-6 Drug-Free Workplace MAY 2001 52.232-18 Availability of Funds APR 1984 52.242-15 Stop Work Order AUG 1989

02. Clauses Incorporated by Full Text

FAR 52.212-4 - Contract Terms and Conditions-Commercial Items (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause http://www.acquisition.gov/far http://www.sam.gov/ at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include –

(i) Name and address of the Contractor;

(ii) Invoice date and number.

(iii) Contract number, line-item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of persons to notify in event of defective invoice and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment. -(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractors point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Office

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract if transportation is f.o.b. destination

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws

Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the

SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) https://www.acquisition.gov/

Addendum to FAR 52.212-4 - Contract Terms and Conditions-Commercial Items

FAR 52.212-4, Paragraph (d) Disputes: Notwithstanding the claim period stated in FAR 52.233- 1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this contract [or “order”] within 12 months after accrual of the claim.

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items (JAN 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 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 (JUN 2020) (41 U.S.C. 3509).

__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (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).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JUN 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available…