RFQ_MEO_090926.pdf

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Military Equal Opportunity Policy analysis and Recommendation
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70Z02326Q000H0002
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Combined Synopsis/Solicitation Summary

This is a Combined Synopsis/Solicitation (RFQ) issued by the U.S. Coast Guard (USCG) under solicitation number 70Z02326Q000H0002 for short-term consulting services. The acquisition is a 100% Total Small Business Set-Aside with a NAICS code of 541611 (Administrative Management and General Management Consulting Services) and a business size standard of $24.5 million. The solicitation uses a Lowest Price Technically Acceptable (LPTA) evaluation methodology with two evaluation factors: Factor 1 (Technical Acceptability) and Factor 2 (Price).

The requirement involves providing comprehensive analysis of existing USCG and other military branches' Maintenance and Repair (MEO) processes to inform development of an updated USCG MEO program, including policies and guidance documents (instructions and SOPs). The effort includes in-depth research, stakeholder engagement, current-state analysis, and development of an actionable implementation plan to ensure successful adoption and implementation. The solicitation contains two Contract Line Item Numbers (CLINs): CLIN 0001 for a Senior Research Analyst position and CLIN 0002 for travel costs, both priced in U.S. dollars. Quoters must submit responses in two separate volumes—Volume I for technical acceptability (maximum two pages) and Volume II for pricing using the provided Excel template. Quotes must be submitted via email to contracting specialists St.Clair Smith (ewart.s.smith@uscg.mil) and Trinita Hall (trinita.hall@uscg.mil) by the due date specified in SAM.gov. Specific delivery dates, inspection procedures, and acceptance criteria are detailed in the Performance Work Statement (PWS).

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Attachment 2_ MEO Pricing Worksheet_082526 (2).xlsx XLSX spreadsheet
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Combined Synopsis/Solicitation – 70Z02326Q000H0002

i. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Part 12 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued.

Solicitation number 70Z02326Q000H0002 is issued as a Request for Quote (RFQ) for a short-term bus contract.

This acquisition is set aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.SAM.gov.

ii. CLIN Structure:

CLIN Description Amount 0001 Research Analyst (Senior) Dollars, US 0002 Travel Dollars, US

iii. Description of Requirement: These services are to provide a comprehensive analysis of existing USCG and other military branches’ MEO processes to inform the development of a new, updated USCG MEO program, including policies and guidance documents (i.e. instructions and SOPs). This effort will involve in-depth research, stakeholder engagement, a current-state analysis, and the development of an actionable implementation plan to ensure the recommended overhaul of the USCG MEO Program is successfully adopted and implemented.

iv. Dates and place(s) of delivery, inspection and/or acceptance are identified in the PWS.

v. A list of solicitation provisions that apply to the acquisition can be found in Part 5.

vi. A list of contract clauses that apply to the acquisition can be found in Part 4.

vii. It is the Quoter’s responsibility to ensure their quote is received by the Quote DUE DATE. The due date is specified in the “Date Offers Due” field of this SAM.gov notice.

The quoter shall submit their quote to the contracting specialist, St.Clair Smith at ewart.s.smith@uscg.mil and the contract specialist, Trinita Hall at trinita.hall@uscg.mil.

viii. Any other additional information required by 5.101(c):

The North American Industrial Classification System (NAICS) number is

541611 (Administrative Management and General Management Consulting Services) and the business size standard is $24.5 million. The proposed acquisition is 100% Total Small Business Set Aside.

The Product Service Code (PSC) and description is R699 Support – Administrative: Other Service.

The Contracting Specialist, St.Clair Smith at ewart.s.smith@uscg.mil and Contracting Specialist, Trinita Hall at trinita.hall@uscg.mil can be contacted by email.

ix. Addenda to FAR 52-212-1 (Instructions to Offerors—Commercial Products and

Commercial Services) and FAR 52.212-2 (Evaluation—Commercial Products and Commercial Services), can be found in PART 3

Part 2

Contract, Documents, Exhibits, and Attachments

Attachment 1 – Performance Work Statement (PWS) Attachment 2 – Price Input Sheet

Part 3

Addenda to 52-212-1, Instructions to Offerors – Commercial Products and Commercial Services

The quoter shall include a one (1) page cover page that must provide the following information (Cover page is exempt from Volume I two (2) page limit):

The quoter shall include a single-page cover sheet that must provide the following information (the cover sheet is exempt from the Volume I two (2) page limit):

A. Name of Quoter;

B. Address;

C. City, State, ZIP Code;

D. Unique Entity Identifier (UEI) Number;

E. Points of Contact for Quote submissions;

F. Telephone Number & E-mail Addresses;

G. Small Business Representation made by the Quoter;

H. A statement specifying the extent of agreement with all terms, conditions, and provision included in the solicitation without exceptions or assumptions; and I. Date the quote expires

Quoters shall complete all provisions required to be filled in (unless completed in SAM.gov) and submit them with their Quote; provisions are excluded from the page count.

Quoters shall submit their quote in two separate volumes. Volume I shall contain their response to Factor 1 – Technical Acceptability. Volume II shall contain their response to Factor 2 (Price). At no time shall any pricing be included in Volume I. Provisions and acknowledgment of amendments may be included in any Volume or may be submitted as a separate document(s) and are excluded from the page count.

All quote pages shall be letter size (8.5" x 11") with margins of no less than 1.0 inch on all sides.

Body text shall be a minimum of 11-point font. Tables, charts, and graphs may be presented on legal size paper (8.5" x 14") and shall use a minimum font size of 10-point.

Failure to submit all quote information in the proper Volumes; and/or failure to submit any quote information required by the RFQ instructions may result in the quote being removed from consideration.

Volume I

Factor 1 – Technical Acceptability:

Volume I shall contain the Quoters Technical Acceptability, be in word or pdf format, and must not exceed two (2) pages. Additional pages exceeding the limit will not be considered

For this factor, the Quoter shall submit documentation demonstrating the capabilities in accordance with PWS Section 1.4 and subsections.

Volume II – Price:

Factor 2 – Price

Volume II shall contain the Quoter’s Price (Factor 2). Quoters shall complete Attachment 2 Price Input (Excel spreadsheet). Quoters shall only place data/information in cells highlighted in gray.

Cells have not been locked and some have formulas. Failing to follow instructions may have an impact on the total evaluated price.

If a Quoter discovers a flawed formula or other issue with Attachment 2, they shall contact the contracting officer.

52.212-2 Evaluation—Commercial Products and Commercial Services (AUG 2025)(Deviation 25-21)

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

The Government will award a contract resulting from this solicitation to the responsible offeror whose quote conforms to the solicitation requirements. The Government will utilize a Lowest Price Technically Acceptable (LPTA) source selection process.

Quotes will be evaluated based on the following factors:

Factor 1: Technical Acceptability Factor 2: Price

Factor 1 – Technical Acceptability

The Government will evaluate the technical quote to determine whether it meets the minimum technical requirements outlined in the Performance Work Statement (PWS) section 1.4 and subsections.

Factor 2 – Price

The Government will evaluate price based on the Total Evaluated Price detailed in Attachment 2.

In accordance with FAR (Overhaul) 12.204(a), competition is expected to determine price reasonableness. However, the Contracting Officer may use other methods to determine or support a price reasonableness determination.

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

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

(End of provision)

Part 4

Clauses

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations#

(End of clause)

The FAR Overhaul “Issuance date” & “Update” date are listed if the clause sites “Deviation Date”

FAR Clause Incorporated by Reference (IAW 52.252-2)

Clause Number

Clause Title DHS Deviation (if applicable) Date

52.203-12 Limitation on Payments to Influence Certain Federal Transaction N/A JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

N/A JAN 2017

52.204-13 System for Award Management—Maintenance (DEVIATION 25-19)

DEVIATION 25-19 AUG 2025

52.204-19 Incorporation by Reference of Representations and Certifications N/A DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (DEVIATION 25-27)

N/A NOV 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations N/A NOV 2015

52.212-4 Terms and Conditions—Commercial Products and Commercial Services

DEVIATION 25-21 AUG 2025

52.219-6 Notice of Total Small Business Set-Aside DEVIATION 26-03 OCT 2025 52.219-8 Utilization of Small Business Concerns DEVIATION 26-03 OCT 2025 52.219-14 Limitations on Subcontracting DEVIATION 26-03 OCT 2025 52.219-28 Post-Award Small Business Program Representation DEVIATION 26-03 OCT 2025 52.222-3 Convict Labor N/A JUN 2003 52.222-35 Equal Opportunity for Veterans DEVIATION 26-10 APR 2026 52.222-36 Equal Opportunity for Workers with Disabilities DEVIATION 26-10 OCT 2025 52.222-37 Employment Reports on Veterans DEVIATION 26-10 OCT 2025 52.222-41 Service Contract Labor Standards N/A AUG 18 52.222-42 Statement of Equivalent Rates for Federal Hires N/A MAY 2014 52.222-50 Combating Trafficking in Persons N/A NOV 2021

52.222-54 Employment Eligibility Verification

DEVIATION 26-

10, Revision 1

APR 2026

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

N/A JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 N/A JAN 2022

52.222-90 Addressing DEI Discrimination by Federal Contractors

DEVIATION 26-

10, Revision 2

APR 2026

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

N/A MAY 2024

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

N/A OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations N/A JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

N/A MAR 2023

52.233-3 Protest After Award DEVIATION 25-25 AUG 2025 52.233-4 Applicable Law for Breach of Contract Claim DEVIATION 25-25 AUG 2025

Invoicing Instruction Addenda 52.212-4, Contract Terms and Conditions – Commercial Items

Electronic Submission of Payment Requests (FSMS Awards)

(a) Definitions. As used in these instructions -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must: comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status if available must be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 must be provided.

(b) Except as provided in paragraph (c) of this clause, the contractor must submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor must include a copy of the contracting officer's written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/Purchase_Order/.

(f) Receiving Official: Contracting Officer’s Representative Invoice Approver Official: Contracting Officer’s Representative Contracting Officer’s Representative: See Contracting Officer’s Representative Appointment Memorandum

FAR 52.203-17 Contractor Employee Whistleblower Rights (April 2024) (DHS-USCG DEVIATION 14-01, Revision 1)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 10 U.S.C. 4701 and Homeland Security Acquisition Regulation (HSAR) 3.900 (DEVIATION) through 3.905 (DEVIATION).

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 4701, as described in HSAR 3.900 (DEVIATION) through 3.905 (DEVIATION).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts

52.217-8 Option to Extend Services.

As prescribed in 17.203(f), insert a clause substantially the same as the following: Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

FAR 52.232-18 Availability of Funds (APR 1984).

Pursuant to FAR clause 52.232-18, funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.240-91 Security Prohibitions and Exclusions. (DEVIATION 20-05) (NOV 2025)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118- 31, 41 U.S.C. 3901 note prec.).

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 application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

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). FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems.

This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following

(1) The Office of the Director of National Intelligence;

(2) (2) The Central Intelligence Agency;

(3) (3) The National Security Agency;

(4) (4) The Defense Intelligence Agency;

(5) (5) The National Geospatial-Intelligence Agency;

(6) (6) The National Reconnaissance Office;

(7) (7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) (8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) (9) The Bureau of Intelligence and Research of the Department of State;

(10) (10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) (11) The Office of Intelligence and Analysis of the Department of Homeland

Security; or

(12) (12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

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., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

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

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

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

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) (2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

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

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

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

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.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information. Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

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

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C.

44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract.

Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

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

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

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C.

3901 note prec.);

(ii) (ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118- 31); and

(iii) (iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services 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 (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232)).

(ii) (ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

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

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

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the

Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(ii) (ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/speciallydesignated-nationals-and-blocked-persons-list-sdn-human-readable-lists.

(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-controlsanctions-programs-and-information.

(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the Treasury.

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L.

110-174).

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).

(ii) (ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM (22 U.S.C. 8515).

(iii) (iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).

(iv) (iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $10,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) (ii) For all other solicitations and contracts, DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).

(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.

(h) General report.

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:

(i) Contract number and order number, if applicable;

(ii) (ii) The specific prohibition the product or service is not complying with;

(iii) (iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) (iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) (v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) (vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the Government to consider a waiver, and asks for such a waiver);

(vii) (vii) Whether alternative products or services are available that would comply with the prohibition;

(viii) (viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number;

and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions implemented or recommended.

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:

(i) In the event the Contractor identifies covered article provided to the Government 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, 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 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.

(ii) (ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(iii) (iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.

(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.

(i) New FASCSA orders report.

(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this clause if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s). For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. The Contractor shall report the following information within 72 hours for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order:

(i) Contract number and order number, if applicable;

(ii) (ii) Name of the covered article or source subject to a FASCSA order;

(iii) (iii) The specific FASCSA order the product or service does not comply with;

(iv) (iv) The elements of (h)(1)(iii) through (ix) of this clause.

(j) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (j) but excluding subparagraphs (d)(1) and (i)(1), in all subcontracts and other contractual instruments, including subcontracts for acquiring commercial products or commercial services.

FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any clause (10 U.S.C § 2409) with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

HSAR 3052.212-70 Contact Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

Clauses.

b) Clauses.

_X___3052.203-70 Instructions for Contractor Disclosure of Violations.

_X___3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

__X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

__X__Alternate I ____3052.209-72 Organizational Conflicts of Interest.

____3052.209-73 Limitation on Future Contracting ____3052.216-71 Determination of Award Fee.

____3052.216-72 Performance Evaluation Plan.

____3052.216-73 Distribution of Award Fee.

____3052.217-91 Performance. (USCG) ____3052.217-92 Inspection and Manner of Doing Work. (USCG) ____3052.217-93 Subcontracts. (USCG) ____3052.217-94 Lay Days. (USCG) ____3052.217-95 Liability and Insurance. (USCG) ____3052.217-96 Title. (USCG) ____3052.217-97 Discharge of Liens. (USCG) ____3052.217-98 Delays. (USCG) ____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

(USCG)

____3052.217-100 Guarantee. (USCG) ____3052.219-71 DHS Mentor Protégé Program.

____3052.228-70 Insurance.

____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) ____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) ____3052.228-92 Fair Market Value of Aircraft. (USCG) ____3052.228-93 Risk and Indemnities. (USCG) ____3052.236-70 Special Provisions for Work at Operating Airports.

_X___3052.242-72 Contracting Officer’s Representative.

_X___3052.249-90 Contract Termination. (USCG)

P art 5

Provisions

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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

http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations#

FAR Provisions Incorporated by Reference (IAW 52.252-1)

Provision Number

Provision Title DHS Deviation (if applicable) Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2024)

N/A

SEP 2024

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

N/A

JAN 2017

52.204-7 System for Award Management DEVIATION 25-19 AUG 2025

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation

DEVIATION 25-27

NOV 2025

52.212-1

Instructions to Offerors—Commercial Products and Commercial Services

Instructions to Offerors—Commercial Products and Commercial Services (Aug 2025) (DEVIATION 25-21)

DEVIATION 25-21

AUG 2025

Note: Some of these provisions may contain disclosures that must be completed and returned with a response.

52.219-1 Small Business Program Representations (OCT 2025) (DEVIATION 26-03)

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, is certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Small Business Search (SBS)

(13 CFR 126.103).

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by one or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraph (1) of this definition.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is ________ [insert NAICS code].

(2) The small business size standard is _______ [insert size standard].

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or solesource award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that— (i) it □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a women-owned small business concern.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) Economically disadvantaged women-owned small…

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