2.1.1. Solicitation 70B03C26R00000125.pdf
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- Solicitation number
- 70B03C26R00000125
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This is a Solicitation for Janitorial, Grounds Maintenance and Pest Control Services for the United States Border Patrol Del Rio Sector. The solicitation is competitive and designated for 8(a) certified small businesses. The contracting agency is the Department of Homeland Security Customs and Border Protection. Proposals must be submitted via email to max.hempe@cbp.dhs.gov by September 14, 2026 at 5:00 PM EST. Written questions regarding the solicitation are due within 7 days of posting, also submitted via email to the same contact.
The scope of work encompasses janitorial services, grounds maintenance, and pest control operations for Del Rio Sector facilities. Additional relevant details, pricing terms, statement of work specifications, and specific performance requirements are contained within the complete solicitation document. Interested 8(a) contractors should review the full solicitation materials prior to submission to ensure compliance with all technical and administrative requirements.
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12. DISCOUNT TERMS
8. OFFER DUE DATE/
9. ISSUED BY CODE 10. THIS ACQUISITION IS
6. SOLICITATION
ISSUE DATE
3. AWARD/EFFECTIVE DATE 5. SOLICITATION NUMBER2. CONTRACT NUMBER 4. ORDER NUMBER
a. NAME b. TELEPHONE NUMBER (No collect calls)7. FOR SOLICITATION
INFORMATION CALL:
SET ASIDE : % FOR:
SMALL BUSINESS
NAICS:
SIZE STANDARD:
HUBZONE SMALL
BUSINESS
11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
SEE SCHEDULE
13b. RATING
14. METHOD OF SOLICITATION
IFB RFPRFQ
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS
BLOCK BELOW IS CHECKED.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS
IN OFFER.
8(A)
00/00/0000 70B03C26R00000125
Max Hempe
LOCAL TIME
09/14/2026
DHS - Customs & Border Protection
Border Enforcement Contracting Division
1300 Pennsylvania Ave, NW
Washington DC 20229
561720
See Attached Delivery Schedule DHS - Customs & Border Protection Border Enforcement Contracting Division 1300 Pennsylvania Ave, NW
Washington DC 20229
US Customs and Border Protection
FAD Mail Stop 203-V
8899 E. 56th Street
Indianapolis IN 46249
PAGE OF PAGES1. REQUISITION NUMBERSolicitation/Contract/Order for Commercial Products and Commercial Services
Offeror to Complete Blocks 12,17,23,24, & 30 20155003 1 71
ORDER UNDER DPAS (15 CFR 700)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
100UNRESTRICTED OR
13a. THIS CONTRACT IS A RATED
09/01/2026
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
24.
AMOUNT
22.
UNIT
23.
UNIT PRICE
SEE ADDENDUM
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
ECONOMICALLY DISADVANTAGED WOMEN-
OWNED SMALL BUSINESS (EDWOSB)
CODE
CODE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
31c. DATE SIGNED
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
ADDENDA ARE ARE NOT ATTACHED.
ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND
RETURN
AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR
OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REFERENCE
YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING
ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS:
OFFER DATED
30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE
SIGNED
31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
$0.00
1 COPIES TO ISSUING OFFICE. CONTRACTOR
10 12 MOOPS-CUST+GRDS+PEST DRT SECTOR AMO Base
OPS-CUST+GRDS+PEST DRT SECTOR BP Base
OPS-CUST+GRDS+PEST DRT SECTOR AMO OY1
OPS-CUST+GRDS+PEST DRT SECTOR BP OY1
OPS-CUST+GRDS+PEST DRT SECTOR AMO OY2
OPS-CUST+GRDS+PEST DRT SECTOR BP OY2
OPS-CUST+GRDS+PEST DRT SECTOR AMO OY3
OPS-CUST+GRDS+PEST DRT SECTOR BP OY3
OPS-CUST+GRDS+PEST DRT SECTOR AMO OY4
OPS-CUST+GRDS+PEST DRT SECTOR BP OY4
MO20
MO
MO
MO
MO
MO
MO
MO
MO
5:00 PM EST
2 71
CONTRACT NUMBER REQUISITION NUMBER AWARD/EFFECTIVE DATE
PAGE OF PAGES
ADDITIONAL INFORMATION:
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
FINALPARTIAL
36. PAYMENT 37. CHECK NUMBER
COMPLETE PARTIAL FINAL
39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41c. DATE 42b. RECEIVED AT (Location)
STANDARD FORM 1449 (REV. 11/2021) BACK
42d. TOTAL CONTAINERS42c. DATE RECEIVED (MM/DD/YYYY)
20155003 00/00/0000
This is a procurement action for a competitive 8(a) Firm-Fixed-Price Contract for Janitorial and Grounds Maintenance Services for the U.S. Customs and Border Protection, Del Rio Sector, area of operations. The requirement will be provided in accordance with the attached Statement of Work.
PERIOD OF PERFORMANCE: (ANTICIPATED)
Base Period: September 30, 2026 – September 29, 2027 Option Year 1: September 30, 2027 – September 29, 2028 Option Year 2: September 30, 2028 – September 29, 2029 Option Year 3: September 30, 2029 – September 29, 2030 Option Year 4: September 30, 2030 – September 29, 2031
The option periods will be reviewed in accordance with FAR 52.217-5, Evaluation of Options, which is contained herein. The option periods may be exercised in accordance with FAR 52.217-9 Option to Extend the Term of the Contract, which is contained herein. The Government does not guarantee that the options will be exercised. The options may be exercised unilaterally at the sole discretion of the Government.
ATTACHMENTS:
1. Attachment A - Statement of Work (SOW)
2. Attachment B – Environmental Requirements
3. Attachment C – Wage Determination 2015-5301, Wage Determination 2015-5303, and Wage Determination 2015-5251
In compliance with Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit- Based Opportunity,” dated January 21, 2025, the contractor agrees that its compliance in all respects with applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and, by virtue of submitting a quote/offer, the contractor certifies that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.
No requirement in this contract should conflict or contravene Executive Order “Unleashing American Energy” dated January 20, 2025. To the extent any requirement may conflict or contravene that Executive Order, the requirement is deemed inapplicable to this contract.
This would include requirements related to “climate-related risk management and/or greenhouse gas (GHG) emissions inventory and/or reduction target disclosure requirements.” The Contractor should consult with the Contracting Officer on any such requirement they determine is inconsistent with the Executive Order, and work on proposed modifications to comply with the EO and statutory requirements.
3 71
CONTRACT NUMBER REQUISITION NUMBER AWARD/EFFECTIVE DATE
PAGE OF PAGES
ADDITIONAL INFORMATION:
STANDARD FORM 1449 (REV. 11/2021) BACK
20155003 00/00/0000
In response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025, the Department of Homeland Security (DHS) has implemented the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) through a series of class deviations.
DHS Class Deviations are publicly available at https://www.dhs.gov/cpo-dhs-far-overhaul-deviations, and have been applied to this contract. Any updates to the FAR made pursuant to the RFO and subsequently adopted by DHS via class deviation, at or before the time of award, shall be deemed adopted and become the controlling and applicable clauses for this contract.
All references to the FAR herein are to the applicable RFO DHS class devations.
NOTE: The contractor affirmatively agrees that by submitting a proposal, they do not take any exception to performing the requirements of the solicitation in its entirety and will not include any exceptions or conflicting or contradictory terms in its quote. Any such terms contained in the contractor’s quote will be inapplicable to the awarded contract and could render the contractor’s quote ineligible for award.
System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
The Government may seek price discounts after award during contract performance. The intent is to ask vendors to determine if potential price reductions and/or operational efficiencies can be achieved, considering market conditions of the time. Any changes to the TO would be through mutual agreement.
70B03C26R00000125
TABLE OF CONTENTS
SECTION I SCHEDULES
I.1 SCHEDULE OF SUPPLIES/SERVICES
I.2 DELIVERY SCHEDULE
SECTION II CONTRACT CLAUSES
II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
II.2 52.203-3 GRATUITIES (APR 1984)
II.3 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
ALTERNATE I (NOV 2021)
II.4 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (SEP 2024)
II.5 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)8
II.6 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)
II.7 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023)
II.8 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017)
II.9 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
II.10 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 8 II.11 52.208-90, GOVERNMENT SUPPLY SOURCES (APR 2026) (DEVIATION 25-20, Revision 1)
II.12 52.222-3 CONVICT LABOR (JUN 2003)
II.13 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
II.14 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)
II.15 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
II.16 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS--PRICE
ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG 2018)
II.17 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
II.18 52.222–55 MINIMUM WAGES UNDER EXECUTIVE ORDER 14026 (JAN 2022)
II.19 52.222–62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)
II.20 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (OCT 2025)
(DEVIATION 26-12), ALTERNATE I (OCT 2025) (DEVIATION 26-12)
II.21 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)
II.22 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)
II.23 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED
PRODUCTS (MAY 2008)
II.24 52.223-11 OZONE-DEPLETING SUBSTANCES (OCT 2025) (DEVIATION 26-12)
II.25 52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND
AIR CONDITIONERS (OCT 2025) (DEVIATION 26-12)
II.26 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) 11
II.27 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
II.28 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 11
II.29 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
II.30 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) 11 II.31 52.240-93 BASIC SAFEGUARDING of COVERED CONTRACTOR INFORMATION SYSTEMS (AUG
2025)(DEVIATION 25-23)
II.32 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
II.33 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
II.34 3052.212-70 CONTRACT TERMS and CONDITIONS APPLICABLE to DHS ACQUISITION of COMMERCIAL
ITEMS (JUL 2023) (HSAR DEVIATION 25-09)
II.35 3052.240-71 CONTRACTOR EMPLOYEE ACCESS (JUL 2023) (HSAR DEVIATION 25-12)
II.36 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025)(DEVIATION 25-19) II.37 52.209-6 PROTECTING the GOVERNMENT'S INTEREST WHEN SUBCONTRACTING with CONTRACTORS DEBARRED, SUSPENDED, PROPOSED for DEBARMENT, or VOLUNTARILY EXCLUDED (NOV 2025)(DEVIATION 25-27) 16 II.38 52.209-9 UPDATES of PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS
(NOV 2025)(DEVIATION 25-27)
II.39 52.209-10 PROHIBITION on CONTRACTING with INVERTED DOMESTIC CORPORATIONS (NOV 2025)
(DEVIATION 25-27)
II.40 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL
SERVICES (AUG 2025) (DEVIATION 25-21)
II.41 52.219-8 UTILIZATION of SMALL BUSINESS CONCERNS (OCT 2025)(DEVIATION 26-03) II.42 52.219-14 LIMITATIONS of SUBCONTRACTING (OCT 2025)(DEVIATION 26-03) II.43 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2025)(DEVIATION 26-03) 24 II.44 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (APR 2026) (DEVIATION 26-10, Revision 1) II.45 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (OCT 2025) (DEVIATION 26-10) 25
II.46 52.222-37 EMPLOYMENT REPORTS ON VETERANS (OCT 2025) (DEVIATION 26-10)
II.47 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (APR 2026) (DEVIATION 26-10, Revision 1) II.48 52.222-90 ADDRESSING DEI DISCRIMINATION by FEDERAL CONTRACTORS (APR 2026) (DEVIATION 26-10, Revision 2)
II.49 52.223-23 SUSTAINABLE PRODUCTS (OCT 2025) (DEVIATION 26-12
II.50 52.233-1 DISPUTES (AUG 2025) (DEVIATION 25-25)
II.51 52.233-3 PROTEST AFTER AWARD (AUG 2025) (DEVIATION 25-25)
II.52 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (AUG 2025) (DEVIATION 25-25 II.53 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION 20-05) (NOV 2025) II.54 52.244-6 SUBCONTRACTS for COMMERCIAL PRODUCTS and COMMERCIAL SERVICES (SEP 2025)
(DEVIATION 25-34)
II.55 52.245-1 GOVERNMENT PROPERTY (SEP 2021)
II.56 52.245-9 USE AND CHARGES (APR 2012)
II.57 52.253-1 COMPUTER GENERATED FORMS (OCT 2025) (DEVIATION 26-10)
II.58 CONTRACT TYPE (OCT 2008)
II.59 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)
II.60 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)
(AUG 2024)
II.61 GOVERNMENT PROPERTY (MAR 2003)
II.62 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)
II.63 NON-PERSONAL SERVICE (MAR 2003)
II.64 DISCLOSURE OF INFORMATION (MAR 2003)
II.65 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (AUG 2022)
II.66 PREVENT, DETECT AND RESPOND TO SEXUAL ABUSE AND ASSAULT IN CONFINEMENT FACILITIES
(FEB 2017)
II.67 HOLIDAYS AND ADMINISTRATIVE LEAVE (OCT 2021)
II.68 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (OCT 2007)
II.69 COST OR PRICE EVALUATION (AUG 2022)
II.70 SECURITY PROCEDURES (AUG 2022)
II.71 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (AUG 2022)
SECTION III SOLICITATION PROVISIONS
III.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
III.2 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)
III.3 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
III.4 52.204-7, SYSTEM FOR AWARD MANAGEMENT (AUG 2025) (DEVIATION 25-19)
III.5 52.209-2 PROHIBITION on CONTRACTING with INVERTED DOMESTIC CORPORATIONS-
REPRESENTATION (NOV 2025)(DEVIATION 25-27)
III.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (NOV 2025)(DEVIATION 25-27) III.7 52.209-11 REPRESENTATION by CORPORATIONS REGARDING DELINQUENT TAX LIABILITY or a
FELONY CONVICTION UNDER ANY FEDERAL LAW (NOV 2025)(DEVIATION 25-27)
III.8 52.212-1 INSTRUCTIONS to OFFERORS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES (AUG
2025) (DEVIATION 25-21)
III.9 52.215-1 INSTRUCTIONS to OFFERORS--COMPETITIVE ACQUISITION (OCT 2025) (DEVIATION 26-08), ALTERNATE I (OCT 2025) (DEVIATION 26-08)
III.10 52.216-1 TYPE OF CONTRACT (OCT 2025) (DEVIATION 26-04)
III.11 52.233-2 SERVICE OF PROTEST (AUG 2025) (DEVIATION 25-25)
III.12 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS
(DEVIATION 20-05) (NOV 2025)
III.13 AGENCY LEVEL PROTEST NOTICE (APR 2003)
III.14 General Instructions for Price Proposals III.15 Solicitation Instructions III.16 Submission of Offers III.17 Evaluation Factors for Award
SECTION I SCHEDULES
I.1 SCHEDULE OF SUPPLIES/SERVICES
ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE
10 CUST+GRDS+PEST DRT SECTOR AMO
- Base
12 MO
20 CUST+GRDS+PEST DRT SECTOR BP-
Base
12 MO
30 CUST+GRDS+PEST DRT SECTOR AMO
– OY1
12 MO
40 CUST+GRDS+PEST DRT SECTOR BP-
OY1
12 MO
50 CUST+GRDS+PEST DRT SECTOR AMO
– OY2
12 MO
60 CUST+GRDS+PEST DRT SECTOR BP -
OY2
12 MO
70 CUST+GRDS+PEST DRT SECTOR AMO
– OY3
12 MO
80 CUST+GRDS+PEST DRT SECTOR BP-
OY3
12 MO
90 CUST+GRDS+PEST DRT SECTOR AMO
– OY4
12 MO
100 CUST+GRDS+PEST DRT SECTOR BP-
OY4
12 MO
Total Funded Value of Award:
I.1 DELIVERY SCHEDULE
DELIVER TO: ITEM # QTY DELIVERY DATE
Customs and Border Protection 2401 Dodson Ave Del Rio, TX 78840
10 12 09/29/2027
Click here to enter text. 20 12 09/29/2027 30 12 09/29/2028 40 12 09/29/2028 50 12 09/29/2029 60 12 09/29/2029 70 12 09/29/2030 80 12 09/29/2030 90 12 09/29/2031 100 12 09/29/2031
SECTION II CONTRACT CLAUSES
II.1 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): www.acquisition.gov . [Insert one or more Internet addresses]
(End of clause)
II.2 52.203-3 GRATUITIES (APR 1984)
II.3 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) ALTERNATE I
(NOV 2021)
II.4 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEP 2024)
II.5 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)
II.6 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)
II.7 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023)
II.8 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017)
II.9 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
II.10 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
II.11 52.208-90, GOVERNMENT SUPPLY SOURCES (APR 2026) (DEVIATION 25-20, Revision 1)
The Contracting Officer may issue the Contractor an authorization to use Government supply sources in the performance of this contract. Title to all property acquired by the Contractor under such an authorization shall vest in the Government unless otherwise specified in the contract. The provisions of the clause at FAR 52.245-1, Government Property, apply to all property acquired under such authorization.
(End of clause)
II.12 52.222-3 CONVICT LABOR (JUN 2003)
II.13 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC
2010)
II.14 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)
II.15 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage Fringe Benefits
11150 – Janitor $14.00
11210 – Laborer, Grounds Maintenance $15.13
II.16 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS--PRICE
ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG 2018)
II.17 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
II.18 52.222–55 MINIMUM WAGES UNDER EXECUTIVE ORDER 14026 (JAN 2022)
II.19 52.222–62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022)
II.20 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (OCT 2025) (DEVIATION
26-12), ALTERNATE I (OCT 2025) (DEVIATION 26-12)
(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of
Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Safety Data Sheet submitted under this contract.
Material (If none, insert None) Identification No.
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph
(d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
(i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of Safety Data Sheets (SDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.
313, for all hazardous materials identified in paragraph (b) of this clause.
(1) For items shipped to consignees, the Contractor shall include a copy of the SDS with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit SDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.
(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the SDS's in or on each shipping container. If affixed to the outside of each container, the SDS must be placed in a weather resistant envelope.
II.21 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)
II.22 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)
II.23 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED
PRODUCTS (MAY 2008)
II.24 52.223-11 OZONE-DEPLETING SUBSTANCES (OCT 2025) (DEVIATION 26-12)
(a) Definitions. As used in this clause–
Ozone-depleting substance means any substance the Environmental Protection Agency designates in 40 CFR part 82 as–
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;
or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) Requirement. In accordance with 40 CFR 82.84(a)(5), the Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j(b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:
Warning: Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.
* The Contractor shall insert the name of the substance(s).
II.25 52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR
CONDITIONERS (OCT 2025) (DEVIATION 26-12)
In accordance with 40 CFR 82.84(a)(3), the Contractor shall comply with the applicable requirements of sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g and 7671h) as each or both apply to this contract.
II.26 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)
II.27 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
II.28 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT
2018)
II.29 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
II.30 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)
II.31 52.240-93 BASIC SAFEGUARDING of COVERED CONTRACTOR INFORMATION SYSTEMS (AUG
2025)(DEVIATION 25-23)
(a) Definitions. As used in this clause–
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information–
(1) Means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government; but
(2) Does not include information provided by the Government to the public (such as on public websites) or simple transactional information (such as information necessary to process payments).
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements.
(1) Basic requirements. The Contractor shall safeguard its covered contractor information systems by implementing, at minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal departments and agencies relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products, other than commercially available off-the-shelf items, or commercial services), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
II.32 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 Days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 Months.
(End of clause)
II.33 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 Department of Homeland Security Acquisition Regulation (HSAR) (48 CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
(End of clause)
II.34 3052.212-70 CONTRACT TERMS and CONDITIONS APPLICABLE to DHS ACQUISITION of COMMERCIAL
ITEMS (JUL 2023) (HSAR DEVIATION 25-09)
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:
[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]
(a) Provisions.
[ ] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.
[ ] 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.
[ ] 3052.247-70 F.o.B. Origin Information.
[ ] Alternate I [ ] Alternate II
[ ] 3052.247-71 F.o.B. Origin Only.
[ ] 3052.247-72 F.o.B. Destination Only.
(b) Clauses.
[X ] 3052.203-70 Instructions for Contractor Disclosure of Violations.
[X ] 3052.205-70 Advertisement, Publicizing Awards, and Releases.
[ ] Alternate I [ ] 3052.209-72 Organizational Conflicts of Interest.
[ ] 3052.209-73 Limitation on Future Contracting.
[ ] 3052.215-70 Key Personnel or Facilities.
[ ] 3052.216-71 Determination of Award Fee.
[ ] 3052.216-72 Performance Evaluation Plan.
[ ] 3052.216-73 Distribution of Award Fee.
[ ] 3052.219-71 DHS Mentor Protégé Program.
[X ] 3052.228-70 Insurance.
[ ] 3052.236-70 Special Provisions for Work at Operating Airports.
[X ] 3052.240-71 Contractor Employee Access (HSAR DEVIATION 25-12).
[ ] Alternate I [ ] Alternate II
[ ] 3052.240-72 Safeguarding of Controlled Unclassified Information (HSAR DEVIATION 25-12).
[] Alternate I
[] 3052.240-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents
(HSAR DEVIATION 25-12).
[X ] 3052.242-72 Contracting Officer’s Representative.
(End of clause)
II.35 3052.240-71 CONTRACTOR EMPLOYEE ACCESS (JUL 2023) (HSAR DEVIATION 25-12)
(a) Controlled Unclassified Information (CUI) is any information the Government creates or possesses, or an entity creates or possesses for or on behalf of the Government (other than classified information) that a law, regulation, or Governmentwide policy requires or permits an agency to handle using safeguarding or dissemination controls. This definition includes the following CUI categories and subcategories of information:
(1) Chemical-terrorism Vulnerability Information (CVI) as defined in 6 CFR part 27, ‘‘Chemical Facility Anti-Terrorism
Standards,’’ and as further described in supplementary guidance issued by an authorized official of the Department of Homeland Security (including the Revised Procedural Manual ‘‘Safeguarding Information Designated as Chemical-Terrorism Vulnerability Information’’ dated September 2008);
(2) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (title XXII, subtitle B of the Homeland Security Act of 2002 as amended through Pub. L. 116-283), PCII’s implementing regulations (6 CFR part 29), the PCII Program Procedures Manual, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security, the PCII Program Manager, or a PCII Program Manager Designee;
(3) Sensitive Security Information (SSI) as defined in 49 CFR part 1520, ‘‘Protection of Sensitive Security Information,’’ as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or designee), including Department of Homeland Security MD 11056.1, ‘‘Sensitive Security Information (SSI)’’ and, within the Transportation Security Administration, TSA MD 2810.1, ‘‘SSI Program’’;
(4) Homeland Security Agreement Information means information the Department of Homeland Security receives pursuant to an agreement with State, local, Tribal, territorial, or private sector partners that is required to be protected by that agreement. The Department receives this information in furtherance of the missions of the Department, including, but not limited to, support of the Fusion Center Initiative and activities for cyber information sharing consistent with the Cybersecurity Information Sharing Act of 2015;
(5) Homeland Security Enforcement Information means unclassified information of a sensitive nature lawfully created, possessed, or transmitted by the Department of Homeland Security in furtherance of its immigration, customs, and other civil and criminal enforcement missions, the unauthorized disclosure of which could adversely impact the mission of the Department;
(6) International Agreement Information means information the Department of Homeland Security receives that is required to be protected by an information sharing agreement or arrangement with a foreign government, an international organization of governments or any element thereof, an international or foreign public or judicial body, or an international or foreign private or non-governmental organization;
(7) Information Systems Vulnerability Information (ISVI) means:
(i) Department of Homeland Security information technology (IT) systems data revealing infrastructure used for servers, desktops, and networks; applications name, version, and release; switching, router, and gateway information; interconnections and access methods; and mission or business use/ need. Examples of ISVI are systems inventories and enterprise architecture models. Information pertaining to national security systems and eligible for classification under Executive Order 13526 will be classified as appropriate; and/or
(ii) Information regarding developing or current technology, the release of which could hinder the objectives of the Department, compromise a technological advantage or countermeasure, cause a denial of service, or provide an adversary with sufficient information to clone, counterfeit, or circumvent a process or system;
(8) Operations Security Information means Department of Homeland Security information that could be collected, analyzed, and exploited by a foreign adversary to identify intentions, capabilities, operations, and vulnerabilities that threaten operational security for the missions of the Department;
(9) Personnel Security Information means information that could result in physical risk to Department of Homeland Security personnel or other individuals whom the Department is responsible for protecting;
(10) Physical Security Information means reviews or reports illustrating or disclosing facility infrastructure or security vulnerabilities related to the protection of Federal buildings, grounds, or property. For example, threat assessments, system security plans, contingency plans, risk management plans, business impact analysis studies, and certification and accreditation documentation;
(11) Privacy Information includes both Personally Identifiable Information (PII) and Sensitive Personally Identifiable Information (SPII). PII refers to information that can be used to distinguish or trace an individual’s identity, either alone, or when combined with other information that is linked or linkable to a specific individual; and SPII is a subset of PII that if lost, compromised, or disclosed without authorization could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. To determine whether information is PII, DHS will perform an assessment of the specific risk that an individual can be identified using the information with other information that is linked or linkable to the individual. In performing this assessment, it is important to recognize that information that is not PII can become PII whenever additional information becomes available, in any medium or from any source, that would make it possible to identify an individual. Certain data elements are particularly sensitive and may alone present an increased risk of harm to the individual.
(i) Examples of stand-alone PII that are particularly sensitive include: Social Security numbers (SSNs), driver’s license or State identification numbers, Alien Registration Numbers (A-numbers), financial account numbers, and biometric identifiers.
(ii) Multiple pieces of information may present an increased risk of harm to the individual when combined, posing an increased risk of harm to the individual. SPII may also consist of any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:
(A) Truncated SSN (such as last 4 digits);
(B) Date of birth (month, day, and year);
(C) Citizenship or immigration status;
(D) Ethnic or religious affiliation;
(E) Sexual orientation;
(F) Criminal history;
(G) Medical information; and
(H) System authentication information, such as mother’s birth name, account passwords, or personal identification numbers (PINs).
(iii) Other PII that may present an increased risk of harm to the individual depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. The context includes the purpose for which the PII was collected, maintained, and used. This assessment is critical because the same information in different contexts can reveal additional information about the impacted individual.
(b) Information Resources means information and related resources, such as personnel, equipment, funds, and information technology.
(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer’s request, the Contractor’s employees shall be fingerprinted or subject to other investigations as required. All Contractor employees requiring recurring access to government facilities or access to CUI or information resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under departmental procedures.
(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.
(e) Work under this contract may involve access to CUI. The Contractor shall access and use CUI only for the purpose of furnishing advice or assistance directly to the Government in support of the Government’s activities, and shall not disclose, orally or in writing, CUI for any other purpose to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized to access CUI, the Contractor shall ensure that these persons receive initial and refresher training concerning the protection and disclosure of CUI. Initial training shall be completed within 60 days of contract award and refresher training shall be completed every 2 years thereafter.
(f) The Contractor shall include this clause in all subcontracts at any tier where the subcontractor may have access to government facilities, CUI, or information resources.
(End of clause)
II.36 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025)(DEVIATION 25-19)
(a) Definitions. As used in this clause–
Commercial and Government Entity code means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics
Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).
Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.
(b) Active registration.
(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award
Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.
(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.
Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c) Novation and change-of-name agreements.
(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation https://www.sam.gov/
(FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to–
(i) Change the legal business name in SAM;
(ii) Comply with the requirements of FAR part 42; and
(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.
(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(d) Assignees.
(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32).
Assignees shall be separately registered in SAM.
(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.
(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.
(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.
(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.
(End of clause)
II.37 52.209-6 PROTECTING the GOVERNMENT'S INTEREST WHEN SUBCONTRACTING with CONTRACTORS
DEBARRED, SUSPENDED, PROPOSED for DEBARMENT, or VOLUNTARILY EXCLUDED (NOV
2025)(DEVIATION 25-27)
(a) Definition. As used in this clause–
Commercially available off-the-shelf (COTS) item
(1) Means any item of supply (including construction material) that is–
(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.
(e) Subcontracts. Unless this is a contract for the…
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