This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.
\n\nSolicitation number FA890326R0131 is issued as a request for proposal (RFP).
\n\nThis acquisition is not 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.acquisition.gov.
\n\nSolicitation provisions that apply to the acquisition are below.
\n\nContract clauses that apply to the acquisition are below.
\n\nProposals are due by 0800 CST on 30 Sep 2026 via email to andrew.stoneberger@us.af.mil.
\n\nBasis of award will be made on technical capability and total price of proposal.
\n\nThis requirement is for the procurement of small Unmanned Aircraft System (sUAS) packages manufactured by the Original Equipment Manufacturer (OEM), Teal Drones Inc. This acquisition is a critical, time-sensitive fleet modernization effort to replace the Security Forces legacy fleet of 350 Teal 2 sUAS assets, which have reached end-of-life status. The OEM has ceased manufacturing replacement parts and providing sustainment support for the Teal 2, introducing severe readiness and operational risks to active units.
\nThe acquisition consists of three hundred and fifty (350) Black Widow sUAS systems. All items must be compliant with the National Defense Authorization Act (NDAA) and listed on the DIU Blue UAS Cleared List.
Each system shall includes the following minimum specifications:
\nOne (1) Teal Black Widow Air Vehicle with integrated 3CP payload
\n1 Ground Control Station
\nThree (3) rechargeable High Endurance Batteries
\n1 Smart Charger
\n1 Field Repair Kit
\n1 Tactical Case
\n1 Transport Case
\n1 Digital Operators Manual
\nAll 350 systems will be delivered to LOGDET at Fort Bliss, Texas, to support centralized inventory management and training integration.
52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.:
\n\nInstructions to Offerors—Commercial Products and Commercial Services (Deviation Date)
\n\n(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—
\n\n(1) The solicitation number;
\n\n(2) The name, address, telephone number of the Offeror;
\n\n(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;
\n\n(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;
\n\n(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and
\n\n(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.
\n\n(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
\n\n(c) Late submissions, modifications, revisions, and withdrawals of offers.
\n\n(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.
\n\n(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.
\n\n(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
\n\n(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.
\n\n(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.
\n\n(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:
\n\n(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.
\n\n(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.
\n\n(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.
\n\n(4) A summary of the rationale for award.
\n\n(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.
\n\n(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.
\n\n52.212-2 Evaluation—Commercial Products and Commercial Services.
\n\nEvaluation—Commercial Products and Commercial Services (Deviation Date)
\n\n(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:
\n\n- Technical acceptability
\n\n- Price
\n\n(b) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
\n
\n52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
\n
Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)
\n\n(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-
\n\n(1) Within a reasonable time after the defect was discovered or should have been discovered; and
\n\n(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
\n\n(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.
\n\n(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
\n\n(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 at Federal Acquisition Regulation (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.
\n\n(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
\n\n(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.
\n\n\n\n(g) Invoice.
\n\n(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-
\n\n(i) Name and address of the Contractor;
\n\n(ii) Invoice date and number;
\n\n(iii) Contract number, line item number and, if applicable, the order number;
\n\n(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
\n\n(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
\n\n(vi) Terms of any discount for prompt payment offered;
\n\n(vii) Name and address of official to whom payment is to be sent;
\n\n(viii) Name, title, and phone number of person to notify in event of defective invoice; and
\n\n(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
\n\n(x) Electronic funds transfer (EFT) banking information.
\n\n(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
\n\n(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.
\n\n(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
\n\n(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.
\n\n(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 foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
\n\n\n\n(i) Payment.-
\n\n(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.
\n\n(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.
\n\n(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
\n\n(4) Discount. In connection with any discount offered for early payment, time shall be 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.
\n\n(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-
\n\n(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
\n\n(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
\n\n(B) Affected contract number and delivery order number, if applicable;
\n\n(C) Affected line item or subline item, if applicable; and
\n\n(D) Contractor point of contact.
\n\n(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
\n\n\n\n(6) Interest.
\n\n(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 as fixed by the Secretary until the amount is paid.
\n\n(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
\n\n(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
\n\n(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
\n\n(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
\n\n(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
\n\n(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.
\n\n(v) Amounts shall be due at the earliest of the following dates:
\n\n(A) The date fixed under this contract.
\n\n(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
\n\n(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
\n\n(A) The date on which the designated office receives payment from the Contractor;
\n\n(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
\n\n(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
\n\n(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
\n\n(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:
\n\n(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
\n\n(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
\n\n(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
\n\n(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.
\n\n(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\n(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.
\n\n(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.
\n\n(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.
\n\n(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.
\n\n(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
\n\n(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
\n\n(1) The schedule of supplies/services.
\n\n(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
\n\n(3) The clause at 52.212-5.
\n\n(4) Addenda to this solicitation or contract, including any license agreements for computer software.
\n\n(5) Solicitation provisions if this is a solicitation.
\n\n(6) Other paragraphs of this clause.
\n\n(7) The Standard Form 1449.
\n\n(8) Other documents, exhibits, and attachments.
\n\n(9) The specification.
\n\n(t) [Reserved]
\n\n\n\n(u) Unauthorized Obligations.
\n\n(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 User 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:
\n\n(i) Any such clause is unenforceable against the Government.
\n\n(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.
\n\n(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
\n\n(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.
\n\n(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.
\n\nSolicitation Provisions incorporated by reference:
\n\n52.203-11
\n\nCertification and Disclosure Regarding Payments to Influence Certain Federal Transactions
\n\n\n\n52.203-18
\n\nProhibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation
\n\n\n\n52.204-7
\n\nSystem for Award Management—Registration
\n\n\n\n52.204-7 with Alt I
\n\nSystem for Award Management—Registration, with Alternate I
\n\n\n\n52.204-90
\n\nOfferor Identification
\n\n\n\n52.207-6
\n\nSolicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)
\n\n\n\n52.209-12
\n\nCertification Regarding Tax Matters
\n\n\n\n52.219-2
\n\nEqual Low Bids
\n\n\n\n52.222-18
\n\nCertification Regarding Knowledge of Child Labor for Listed End Products
\n\n\n\n52.222-48
\n\nExemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification
\n\n\n\n52.222-52
\n\nExemption from Application of the Service Contract Labor Standards for Certain Services-Certification
\n\n\n\n52.222-56
\n\nCertification Regarding Trafficking in Persons Compliance Plan
\n\n\n\n52.223-4
\n\nRecovered Material Certification
\n\n\n\n52.225-2
\n\nBuy American Certificate
\n\n\n\n52.225-4
\n\nBuy American-Free Trade Agreements-Israeli Trade Act Certificate
\n\n\n\n52.225-6
\n\nTrade Agreements-Certificate
\n\n\n\n52.225-20
\n\nProhibition on Conducting Restricted Business Operations in Sudan-Certification
\n\n\n\n52.225-25
\n\nProhibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications
\n\n\n\n52.226-3
\n\nDisaster or Emergency Area Representation
\n\n\n\n52.229-11
\n\nTax on Certain Foreign Procurements—Notice and Representation
\n\n\n\n52.240-90 Security Prohibitions and Exclusions Representations and Certifications
\n\n252.203-7005 Representation Relating to Compensation of Former DoD Officials Section 847 of FY 2008 NDAA
\n\n252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements Federal CUI standards
\n\n252.204-7024 Notice on the Use of the Supplier Performance Risk System Other
\n\n252.209-7021 Prohibition Relating to Conflicts of Interest in Consulting Services—Certification Section 812 of the FY 2024 NDAA (Pub. L. 118 31
\n\n252.215-7008 Only One Offer 10 USC 3703(a)(1)(A)
\n\n252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data 10 USC 3705
\n\n252.215-7016 Notification to Offerors—Postaward Debriefings Section 818 of the FY 2018 NDAA
\n\n252.219-7000 Advancing Small Business Growth 10 U.S.C. 4959
\n\n252.225-7000 Buy American—Balance of Payments Program Certificate 41 U.S.C. chapter 83
\n\n252.225-7020 Trade Agreements Certificate 19 U.S.C. 2501-2518
\n\n252.225-7031 Secondary Arab Boycott of Israel 10 U.S.C. 4659
\n\n252.225-7035 Buy American—Free Trade Agreements— Balance of Payments Program Certificate 41 U.S.C. chapter 83
\n\n252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism 10 U.S.C. 4871(b)
\n\n252.225-7055 Representation Regarding Business Operations with the Maduro Regime Section 890 of FY 2020 NDAA
\n\n252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region— Representation Section 855 of FY 2023 NDAA
\n\nContract clauses incorporated by reference:
\n
52.203-6 with Alt I
\n\nRestrictions on Subcontractor Sales to the Government
\n\n\n\n52.203-13
\n\nContractor Code of Business Ethics and Conduct
\n\n\n\n52.203-17
\n\nContractor Employee Whistleblower Rights
\n\n\n\n52.203-19
\n\nProhibition on Requiring Certain Internal Confidentiality Agreements or Statements
\n\n\n\n52.204-9
\n\nPersonal Identity Verification of Contractor Personnel
\n\n\n\n52.204-13
\n\nSystem for Award Management—Maintenance
\n\n\n\n52.204-91
\n\nContractor identification
\n\n\n\n52.209-6
\n\nProtecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
\n\n\n\n52.209-9
\n\nUpdates of Publicly Available Information Regarding Responsibility Matters
\n\n\n\n52.209-10
\n\nProhibition on Contracting with Inverted Domestic Corporations
\n\n\n\n52.219-4
\n\nNotice of Price Evaluation Preference for HUBZone Small Business Concerns
\n\n\n\n52.219-6
\n\nNotice of Total Small Business Set-Aside
\n\n\n\n52.219-6 with Alt I
\n\nNotice of Total Small Business Set-Aside, with Alternate I
\n\n\n\n52.219-8
\n\nUtilization of Small Business Concerns
\n\n\n\n52.219-9
\n\nSmall Business Subcontracting Plan
\n\n\n\n52.219-9 with Alt I
\n\nSmall Business Subcontracting Plan, with Alternate I
\n\n\n\n52.219-9 with Alt II
\n\nSmall Business Subcontracting Plan, with Alternate II
\n\n\n\n52.219-9 with Alt III
\n\nSmall Business Subcontracting Plan, with Alternate III
\n\n\n\n52.219-9 with Alt IV
\n\nSmall Business Subcontracting Plan, with Alternate IV
\n\n\n\n52.219-14
\n\nLimitations on Subcontracting
\n\n\n\n52.219-16
\n\nLiquidated Damages—Subcontracting Plan
\n\n\n\n52.219-33
\n\nNonmanufacturer Rule
\n\n\n\n52.222-3
\n\nConvict Labor
\n\n\n\n52.222-19
\n\nChild Labor—Cooperation with Authorities and Remedies
\n\n\n\n52.222-35
\n\nEqual Opportunity for Veterans
\n\n\n\n52.222-35 with Alt I
\n\nEqual Opportunity for Veterans, with Alternate I
\n\n\n\n52.222-36
\n\nEqual Opportunity for Workers with Disabilities
\n\n\n\n52.222-36 with Alt I
\n\nEqual Opportunity for Workers with Disabilities, with Alternate I
\n\n\n\n52.222-37
\n\nEmployment Reports on Veterans
\n\n\n\n52.222-40
\n\nNotification of Employee Rights Under the National Labor Relations Act
\n\n\n\n52.222-41
\n\nService Contract Labor Standards
\n\n\n\n52.222-42
\n\nStatement of Equivalent Rates for Federal Hires
\n\n\n\n52.222-43
\n\nFair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)
\n\n\n\n52.222-44
\n\nFair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
\n\n\n\n52.222-50
\n\nCombating Trafficking in Persons
\n\n\n\n52.222-50 with Alt I
\n\nCombating Trafficking in Persons, with its Alternate I
\n\n\n\n52.222-51
\n\nExemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements
\n\n\n\n52.222-53
\n\nExemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements
\n\n\n\n52.222-54
\n\nEmployment Eligibility Verification
\n\n\n\n52.222-62
\n\nPaid Sick Leave Under Executive Order 13706
\n\n\n\n52.222-90
\n\nAddressing DEI Discrimination by Federal Contractors
\n\n\n\n52.223-9
\n\nEstimate of Percentage of Recovered Material Content for EPA-Designated Items
\n\n\n\n52.223-9 with Alt I
\n\nEstimate of Percentage of Recovered Material Content for EPA-Designated Items, with Alternate I
\n\n\n\n52.223-11
\n\nOzone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
\n\n\n\n52.223-12
\n\nMaintenance
\n\n\n\n52.223-20
\n\nAerosols
\n\n\n\n52.223-21
\n\nFoams
\n\n\n\n52.223-23
\n\nSustainable Products and Services
\n\n\n\n52.224-3
\n\nPrivacy Training
\n\n\n\n52.224-3 with Alt I
\n\nPrivacy Training, with Alternate I
\n\n\n\n52.225-1
\n\nBuy American-Supplies
\n\n\n\n52.225-1 with Alt I
\n\nBuy American-Supplies, with Alternate I
\n\n\n\n52.225-3
\n\nBuy American-Free Trade Agreements-Israeli Trade Act
\n\n\n\n52.225-3 with Alt II
\n\nBuy American-Free Trade Agreements-Israeli Trade Act, with Alternate II
\n\n\n\n52.225-3 with Alt III
\n\nBuy American-Free Trade Agreements-Israeli Trade Act, with Alternate III
\n\n\n\n52.225-3 with Alt IV
\n\nBuy American-Free Trade Agreements-Israeli Trade Act, with Alternate IV
\n\n\n\n52.225-5
\n\nTrade Agreements
\n\n\n\n52.225-19
\n\nContractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States
\n\n\n\n52.225-26
\n\nContractors Performing Private Security Functions Outside the United States
\n\n\n\n52.226-4
\n\nNotice of Disaster or Emergency Area Set-Aside
\n\n\n\n52.226-5
\n\nRestrictions on Subcontracting Outside Disaster or Emergency Area
\n\n\n\n52.226-8
\n\nEncouraging Contractor Policies to Ban Text Messaging While Driving
\n\n\n\n52.229-12
\n\nTax on Certain Foreign Procurements
\n\n\n\n52.232-29
\n\nTerms for Financing of Commercial Products and Commercial Services
\n\n\n\n52.232-30
\n\nInstallment Payments of Commercial Products and Commercial Services
\n\n\n\n52.232-33
\n\nPayment by Electronic Funds Transfer—System for Award Management
\n\n\n\n52.232-34
\n\nPayment by Electronic Funds Transfer—Other than System for Award Management
\n\n\n\n52.232-36
\n\nPayment by Third Party
\n\n\n\n52.232-40
\n\nProviding Accelerated Payments to Small Business Subcontractors
\n\n\n\n52.232-90
\n\n52.232-90, Fast Payment Procedure
\n\n\n\n52.233-3
\n\nProtest After Award
\n\n\n\n52.233-4
\n\nApplicable Law for Breach of Contract Claim
\n\n\n\n52.240-91
\n\nSecurity Prohibitions and Exclusions
\n\n\n\n52.240-91 with Alt I
\n\nSecurity Prohibitions and Exclusions, with Alternate I
\n\n\n\n52.240-92
\n\nSecurity Requirements
\n\n\n\n52.240-92 with Alt II
\n\nSecurity Requirements with Alternate II
\n\n\n\n52.240-93
\n\nBasic Safeguarding of Covered Contractor Information Systems
\n\n\n\n52.244-6
\n\nSubcontracts for Commercial Products and Commercial Services
\n\n\n\n52.247-64
\n\nPreference for Privately Owned U.S.-Flag Commercial Vessels
\n\n\n\n52.247-64 with Alt I
\n\nPreference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate I
\n\n\n\n52.247-64 with Alt II
\n\nPreference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate II
\n\n52.203-3 Gratuities 10 U.S.C. 4651
\n\n252.203-7000 Requirements Relating to Compensation of Former DoD Officials Section 847 of FY 2008 NDAA
\n\n252.203-7002 Requirement to Inform Employees of Whistleblower Rights 10 USC 4701
\n\n252.204-7020 DoD Assessment Requirements DOD CUI Standards
\n\n252.204-7021 Cybersecurity Maturity Model Certification Requirements DOD Cyber Standards
\n\n252.204-7022 Expediting Contract Closeout Other 252.204-7023 Reporting Requirements for Contracted Services 10 U.S.C. 4505 252.205-7000 Provision of Information to Cooperative Agreement Holders 10 U.S.C. 4957
\n\n252.211-7003 Item Unique Identification and Valuation Other
\n\n252.211-7008 Use of Government-Assigned Serial Numbers Other
\n\n252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders Section 818 of the FY 2018 NDAA
\n\n252.219-7003 Small Business Subcontracting Plan (DoD Contracts) 15 U.S.C. 637
\n\n252.223-7008 Prohibition of Hexavalent Chromium Other
\n\n252.225-7001 Buy American and Balance of Payments Program 41 U.S.C. chapter 83
\n\n252.225-7012 Preference for Certain Domestic Commodities 10 U.S.C. 4862
\n\n252.225-7021 Trade Agreements 19 U.S.C. 2501-2518 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program 41 U.S.C. chapter 83
\n\n252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten 10 U.S.C. 4872
\n\n252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime Section 890 of FY 2020 NDAA
\n\n252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region Section 855 of FY 2023 NDAA 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns Recurring Approps.
\n\n252.227-7015 Technical Data–Commercial Products and Commercial Services 10 USC 3772
\n\n252.227-7037 Validation of Restrictive Markings on Technical Data 10 USC 3781 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 10 USC 4601
\n\n252.232-7006 Wide Area WorkFlow Payment Instructions Other
\n\n252.232-7010 Levies on Contract Payments 26 USC 6331(h)
\n\n252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel Section 1038 of FY 2010 NDAA
\n\n252.237-7019 Training for Contractor Personnel Interacting with Detainees Section 1092 of FY 2005 NDAA
\n\n252.243-7002 Requests for Equitable Adjustment 10 USC 3862 252.244-7000 Subcontracts for Commercial Products and Commercial Services Section 874 of FY 2017 NDAA
\n\n252.247-7023 Transportation of Supplies by Sea 10 U.S.C. 2631(a) 252.247-7028 Application for U.S. Government Shipping Documentation/Instructions Other
","text":"This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.\n\nSolicitation number FA890326R0131 is issued as a request for proposal (RFP).\n\nThis acquisition is not 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.acquisition.gov.\n\nSolicitation provisions that apply to the acquisition are below.\n\nContract clauses that apply to the acquisition are below.\n\nProposals are due by 0800 CST on 30 Sep 2026 via email to andrew.stoneberger@us.af.mil.\n\nBasis of award will be made on technical capability and total price of proposal.\n\nThis requirement is for the procurement of small Unmanned Aircraft System (sUAS) packages manufactured by the Original Equipment Manufacturer (OEM), Teal Drones Inc. This acquisition is a critical, time-sensitive fleet modernization effort to replace the Security Forces legacy fleet of 350 Teal 2 sUAS assets, which have reached end-of-life status. The OEM has ceased manufacturing replacement parts and providing sustainment support for the Teal 2, introducing severe readiness and operational risks to active units.\n\nThe acquisition consists of three hundred and fifty (350) Black Widow sUAS systems. All items must be compliant with the National Defense Authorization Act (NDAA) and listed on the DIU Blue UAS Cleared List.\n\nEach system shall includes the following minimum specifications:\n\nOne (1) Teal Black Widow Air Vehicle with integrated 3CP payload\n\n1 Ground Control Station\n\nThree (3) rechargeable High Endurance Batteries\n\n1 Smart Charger\n\n1 Field Repair Kit\n\n1 Tactical Case\n\n1 Transport Case\n\n1 Digital Operators Manual\n\nAll 350 systems will be delivered to LOGDET at Fort Bliss, Texas, to support centralized inventory management and training integration.\n\n52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.:\n\nInstructions to Offerors—Commercial Products and Commercial Services (Deviation Date)\n\n(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—\n\n(1) The solicitation number;\n\n(2) The name, address, telephone number of the Offeror;\n\n(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;\n\n(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;\n\n(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and\n\n(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.\n\n(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.\n\n(c) Late submissions, modifications, revisions, and withdrawals of offers.\n\n(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.\n\n(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.\n\n(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.\n\n(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.\n\n(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.\n\n(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:\n\n(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.\n\n(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.\n\n(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.\n\n(4) A summary of the rationale for award.\n\n(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.\n\n(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.\n\n52.212-2 Evaluation—Commercial Products and Commercial Services.\n\nEvaluation—Commercial Products and Commercial Services (Deviation Date)\n\n(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:\n\n- Technical acceptability\n\n- Price\n\n(b) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.\n\n52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.\n\nContract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)\n\n(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-\n\n(1) Within a reasonable time after the defect was discovered or should have been discovered; and\n\n(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.\n\n(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.\n\n(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.\n\n(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 at Federal Acquisition Regulation (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.\n\n(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.\n\n(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.\n\n(g) Invoice.\n\n(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-\n\n(i) Name and address of the Contractor;\n\n(ii) Invoice date and number;\n\n(iii) Contract number, line item number and, if applicable, the order number;\n\n(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;\n\n(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;\n\n(vi) Terms of any discount for prompt payment offered;\n\n(vii) Name and address of official to whom payment is to be sent;\n\n(viii) Name, title, and phone number of person to notify in event of defective invoice; and\n\n(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.\n\n(x) Electronic funds transfer (EFT) banking information.\n\n(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.\n\n(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.\n\n(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.\n\n(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.\n\n(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 foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.\n\n(i) Payment.-\n\n(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.\n\n(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.\n\n(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.\n\n(4) Discount. In connection with any discount offered for early payment, time shall be 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.\n\n(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-\n\n(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-\n\n(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);\n\n(B) Affected contract number and delivery order number, if applicable;\n\n(C) Affected line item or subline item, if applicable; and\n\n(D) Contractor point of contact.\n\n(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.\n\n(6) Interest.\n\n(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 as fixed by the Secretary until the amount is paid.\n\n(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.\n\n(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–\n\n(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;\n\n(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\n\n(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).\n\n(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.\n\n(v) Amounts shall be due at the earliest of the following dates:\n\n(A) The date fixed under this contract.\n\n(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.\n\n(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-\n\n(A) The date on which the designated office receives payment from the Contractor;\n\n(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\n\n(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.\n\n(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.\n\n(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:\n\n(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or\n\n(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.\n\n(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.\n\n(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.\n\n(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\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.\n\n(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:\n\n(1) The schedule of supplies/services.\n\n(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;\n\n(3) The clause at 52.212-5.\n\n(4) Addenda to this solicitation or contract, including any license agreements for computer software.\n\n(5) Solicitation provisions if this is a solicitation.\n\n(6) Other paragraphs of this clause.\n\n(7) The Standard Form 1449.\n\n(8) Other documents, exhibits, and attachments.\n\n(9) The specification.\n\n(t) [Reserved]\n\n(u) Unauthorized Obligations.\n\n(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 User 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:\n\n(i) Any such clause is unenforceable against the Government.\n\n(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.\n\n(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.\n\n(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.\n\n(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.\n\nSolicitation Provisions incorporated by reference:\n\n52.203-11\n\nCertification and Disclosure Regarding Payments to Influence Certain Federal Transactions\n\n52.203-18\n\nProhibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation\n\n52.204-7\n\nSystem for Award Management—Registration\n\n52.204-7 with Alt I\n\nSystem for Award Management—Registration, with Alternate I\n\n52.204-90\n\nOfferor Identification\n\n52.207-6\n\nSolicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)\n\n52.209-12\n\nCertification Regarding Tax Matters\n\n52.219-2\n\nEqual Low Bids\n\n52.222-18\n\nCertification Regarding Knowledge of Child Labor for Listed End Products\n\n52.222-48\n\nExemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification\n\n52.222-52\n\nExemption from Application of the Service Contract Labor Standards for Certain Services-Certification\n\n52.222-56\n\nCertification Regarding Trafficking in Persons Compliance Plan\n\n52.223-4\n\nRecovered Material Certification\n\n52.225-2\n\nBuy American Certificate\n\n52.225-4\n\nBuy American-Free Trade Agreements-Israeli Trade Act Certificate\n\n52.225-6\n\nTrade Agreements-Certificate\n\n52.225-20\n\nProhibition on Conducting Restricted Business Operations in Sudan-Certification\n\n52.225-25\n\nProhibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications\n\n52.226-3\n\nDisaster or Emergency Area Representation\n\n52.229-11\n\nTax on Certain Foreign Procurements—Notice and Representation\n\n52.240-90 Security Prohibitions and Exclusions Representations and Certifications\n\n252.203-7005 Representation Relating to Compensation of Former DoD Officials Section 847 of FY 2008 NDAA\n\n252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements Federal CUI standards\n\n252.204-7024 Notice on the Use of the Supplier Performance Risk System Other\n\n252.209-7021 Prohibition Relating to Conflicts of Interest in Consulting Services—Certification Section 812 of the FY 2024 NDAA (Pub. L. 118 31\n\n252.215-7008 Only One Offer 10 USC 3703(a)(1)(A)\n\n252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data 10 USC 3705\n\n252.215-7016 Notification to Offerors—Postaward Debriefings Section 818 of the FY 2018 NDAA\n\n252.219-7000 Advancing Small Business Growth 10 U.S.C. 4959\n\n252.225-7000 Buy American—Balance of Payments Program Certificate 41 U.S.C. chapter 83\n\n252.225-7020 Trade Agreements Certificate 19 U.S.C. 2501-2518\n\n252.225-7031 Secondary Arab Boycott of Israel 10 U.S.C. 4659\n\n252.225-7035 Buy American—Free Trade Agreements— Balance of Payments Program Certificate 41 U.S.C. chapter 83\n\n252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism 10 U.S.C. 4871(b)\n\n252.225-7055 Representation Regarding Business Operations with the Maduro Regime Section 890 of FY 2020 NDAA\n\n252.225-7059 Prohibition on Certain Procurements from the Xinjiang 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