2.2.1-70CDCR26R00000016_RFP_Sections B-M.pdf

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The primary purpose of this contract is for teleradiology support services as outlined in Attachment 1 – Performance Work Statement (PWS). The acquisition is being conducted in accordance with (IAW) Revolutionary Federal Acquisition Regulation Overhaul (RFO) Subparts 12 (FAR Class Deviation Number 25-21) and 15 (FAR Class Deviation Number 26-08). Note, all FAR references can be found on the RFO site located at:

Revolutionary FAR Overhaul | Acquisition.GOV

B.2 CONTRACT PRICING AND CONTRACT LINE-ITEM NUMBER STRUCTURE

This is a Firm Fixed Price (FFP) contract. All Contract Line Item Numbers (CLINs) are FFP.

Offerors are instructed to fill in the Contract Line Item Number (CLIN) table in Attachment 3 – Pricing Template. Attachment 3 is anticipated to be the CLIN structure that will be utilized for this contract but may be edited prior to award. Offerors may not propose an alternative CLIN structure.

B.3 MATERIALS AND EQUIPMENT

Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance.

After contract award, any material and equipment cost not factored into the proposed prices, and not requested by the government at any time, will not be covered under this contract.

B.4 MINIMUM AND MAXIMUM QUANTITIES

In accordance with FAR 16.504-5(b)(DEVIATION 26-04), the minimum and maximum quantity the government will acquire under this contract is as follows:

Minimum: $500,000.00 during the period of performance of the Indefinite Delivery Indefinite Quantity (IDIQ) contract. There is no additional minimum for any option periods, if exercised.

Maximum: TBD during the period of performance of the IDIQ contract. Note, the maximum for this IDIQ will be calculated based on the total proposed value of the base and all option periods multiplied by a factor of 115%. This amount will be stated in the IDIQ award as a dollar amount.

B.5 FUNDING

Funding will be obligated at the task order level. The government anticipates issuing one task order annually for the required services.

https://acquisition.gov/far-overhaul

[END OF SECTION B]

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

See Attachment 1 – Performance Work Statement.

[END OF SECTION C]

SECTION D - PACKING AND MARKING

D.1 PACKING, PACKAGING, MARKING AND STORAGE OF EQUIPMENT

Unless otherwise specified, all items to be delivered under this contract shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination.

All packing, marking and storage incidental to shipping of equipment to be provided under this contract shall be at the contractor’s expense.

D.2 SHIPPING RECEIPTS

Receipts from common carriers for shipment of materials shall be retained by the contractor and made available to the Contracting Officer (CO) upon request.

D.3 SHIPPING CONTAINER MARKINGS

All shipping containers shall be clearly marked with a delivery address.

D.4 SHIPPING INSURANCE

All shipments shall be Free on Board (FOB) destination, insured against loss or damage, and shall carry sufficient insurance to cover the full replacement value of the item(s) being shipped.

D.5 LOCATIONS

Locations are indicated in Attachment 1 – PWS, Appendix 2 – IHSC Facility Locations

[END OF SECTION D]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES AND/OR PROVISIONS INCORPORATED BY REFERENCE

FAR 52.252-2 (FEB 1998)

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

Revolutionary FAR Overhaul | Acquisition.GOV

(End Clause)

The following clauses are incorporated by reference:

Number Title Date 52.246-2 Inspection of Supplies-Fixed-Price Aug 1996 52.246-4 Inspection of Services-Fixed-Price Aug 1996 52.246-15 Certificate of Conformance Apr 1984

E.2 INSPECTION AND ACCEPTANCE

The government will conduct inspection and acceptance for all rendered services including deliverables. See Attachment 1 – Performance Work Statement for details.

All deliverables will be inspected for content, completeness, accuracy, and conformance to contract requirements by the Contracting Officer’s Representative (COR). The scope and nature of inspections will be sufficiently comprehensive, to ensure the completeness, quality, and adequacy of all deliverables.

E.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

In accordance with Federal Acquisition Regulation (FAR) Subpart 42.15, it is anticipated that past performance evaluations will be entered into CPARS, the governmentwide evaluation reporting tool for all past performance reports on contracts and orders. For more information regarding CPARS, please visit http://www.cpars.gov/.

E.4 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Services will be evaluated in accordance with the metrics outlined in the PWS.

[END OF SECTION E]

https://acquisition.gov/far-overhaul http://www.cpars.gov/

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES AND/OR PROVISIONS INCORPORATED BY REFERENCE

In accordance with (IAW) FAR 52.252-2, the following clauses are incorporated by reference:

52.242-15 Stop-Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984

F.2 PERIOD OF PERFORMANCE AND ORDERING PERIOD

The period of performance and ordering period of this contract is comprised of one 12 month base period, inclusive of the transition-in period, and four 12 month option periods inclusive of the transition-out period.

IDIQ Period Term Dates Base 12 Months TBD will be filled in after award Option 1 12 Months TBD will be filled in after award Option 2 12 Months TBD will be filled in after award Option 3 12 Months TBD will be filled in after award Option 4 12 Months TBD will be filled in after award

FAR clause at 52.217-8 (Option to Extend Services) will be evaluated and included in the resulting contract, allowing the government the option to extend for an additional six months at the current established rates. However, a separate CLIN will not be included.

F.3 TASK ORDER PERIOD OF PERFORMANCE AND PRICING

Task Orders (TOs) may be issued at any time during the base and/or option periods. The period of performance of any task order issued under the contract shall not exceed twelve months. TOs shall be priced using the rates provided in Section B.2 Contract Pricing And Contract Line-Item Number Structure and Section A – Solicitation/Contract Form, that will be applicable to the TO’s anticipated period of performance.

F.4 PLACE OF PERFORMANCE

Addresses of each facility are found in Attachment 1, Appendix 2 – IHSC Facility Locations.

F.5 LIST OF DELIVERABLES

For a complete list of deliverables see Attachment 1 – PWS.

F.6 NOTICE OF DELAYS

In the event the contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule, or as soon as the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the CO and the COR in writing. This notification shall give pertinent details, and this data shall be informational only in character; this provision shall not be construed as a waiver by the government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

[END OF SECTION F]

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

The government points of contact for this resulting contract will be identified in Section A – Solicitation/Contract Form.

G.2 CONTRACTING OFFICER (CO)

The CO has the overall and primary responsibility for the administration of this contract. Only the CO has the authority to enter into, administer, modify, or terminate this contract on behalf of the government. This authority includes modifying and deviating from the contract terms, conditions, requirements, specifications, and delivery schedules; making final decisions involving such matters as invoice payments or other consideration due to the government for nonperformance or unsatisfactory performance, interpreting the contract, and resolving disputes; and terminating the contract for convenience or default. At the CO’s discretion a performance requirement or performance deficiency or any other performance variation by the contractor may be waived. The contractor may submit a waiver request to the CO in writing on case-by-case basis. The CO also has authority to delegate certain responsibilities to an authorized COR who assists in the technical monitoring or administration of the contract.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The individuals designated as the CORs for this requirement are identified in Section A – Solicitation/Contract Form. The CORs are authorized by the CO to perform specific contract administration functions such as inspection and acceptance of services and other functions of a technical nature. The CORs will represent the CO in the administration of technical details within the scope of aTask Orders (TO). The CORs are also responsible for the final inspection and acceptance of all TO deliverables and reports. The CORs are not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the Government. The CORs do not have authority to alter the contractor’s obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify task order obligations or the specification, changes will be issued in writing and signed by the CO.

The CO shall designate and authorize a COR as early as practicable after nomination. A copy of the letter of designation with specific duties and responsibilities will be saved to the file and available upon request.

G.4 INVOICE INSTRUCTIONS

Invoicing instructions are provided in Section A – Solicitation/Contract Form.

[END OF SECTION G]

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 GENERAL PURPOSE OFFICE EQUIPMENT (GPOE) AND INFORMATION

TECHNOLOGY (IT)

The contractor is expected to have the necessary facilities to meet the requirements of this contract, including any necessary General-Purpose Office Equipment (GPOE) and IT. GPOE means, but is not limited to, equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc. “IT” means, but is not limited to, any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, movement, control, display, switching, interchange, transmission, or reception of data or information. IT includes, but is not limited to, computers, ancillary equipment, software, firmware and similar products, services (including support services), and related resources.

H.2 DISCLOSURE OF INFORMATION – CONFIDENTIAL UNCLASSIFIED

INFORMATION (CUI)

Each employee of the contractor or subcontractor at any tier to whom Confidential Unclassified Information (CUI) or “Official Use Only” information may be made available or disclosed, shall be notified in writing by the contractor that Confidential Unclassified Information (CUI) or “Official Use Only” information disclosed to that individual can be used only for a purpose, and to the extent authorized herein, and that further disclosure of any such Confidential Unclassified Information (CUI) or “Official Use Only” information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to 10 years, or both.

H.3 SUBCONRACTING PLAN & USE OF SUBCONRACTORS AND INDEPENDENT

CONTRACTORS

The contractor is permitted to use independent contractors for services rendered under this contract. If the contractor deems it necessary to obtain the services of a subcontractor to fulfill its obligations under this contract, the contractor will notify the CO in writing of its intent to use subcontractor support for particular positions. No approval is necessary for use of a subcontractor that is a subsidiary of contractor or a subcontractor identified in the contractor’s original proposal.

Responsibility remains with the contractor for all subcontractor and independent contractors. Any subcontractor utilized by the contractor shall be responsible for the same requirements as the prime contractor. The contractor will remain the sole point of contact for the government in all matters related to the delivery of services under this contract.

H.4 CONTRACTORS INSURANCE

The contractor shall ensure all radiologists performing under this contractor maintain general liability and malpractice insurance as required by industry standards. The contractor shall provide proof of insurance coverage to the CO, CS and the COR as specified in the PWS.

H.5 FACILITY ACCESS

The contractor is required to provide to the COR and the facility POCs, a list of all personnel who require access to IHSC facilities, including access during the Transition‐In phase, installation of equipment, training, testing, and etcetera. All applicable contractor personnel shall be capable of passing the ICE‐required building access procedures and vendor authorization in order to enter IHSC facilities. The contractor employees may be required to complete a Building Access Request Form or other documentation prior to facility access granted.

The contractor’s personnel shall be required to obtain the necessary clearance required under this PWS to be granted access to the facility and its grounds. Contractor’s personnel criminal history checks shall be part of the general background check for performance of services in and around the facility. This process is strictly confidential, and access to the information must be limited to the government.

H.6 CONTRACTOR EMPLOYEE IDENTIFICATION

The contractor, contractor employees, or subcontractors, shall not represent or permit itself or its employees to be represented as agents or employees of the United States government, and shall not use the names or acronyms of DHS, ICE, or Detention, Compliance, and Removals (DCR) on advertising material. The contractor shall not represent, expressly or by implication, that the services provided under this contract are endorsed by any element of the government.

All contractor personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

H.7 DEDUCTIONS

In accordance with QASP, the government may apply financial deductions to monthly invoices as defined in the QASP. Deductions may be implemented and calculated for each category as defined in the QASP.

If the surveillance factors are below the thresholds defined in the QASP, the COR will calculate the deductions in accordance with the QASP. The deduction calculations may not be rounded. The government will notify the contractor of the total amount being deducted and provide a copy of the deductions calculation via email.

H.8 PUBLIC DISCLOSURE OF WORK UNDER THIS CONTRACT

Public disclosure of information derived from or knowledge gained as a result of work under this contract whether by press release, word of mouth, written correspondence, or any other means is prohibited without the advance written consent of the contracting officer. Any request for authority to release such information will be made in writing and submitted by the contractor to the contracting officer with a copy to the COR. Each request will be documented with sufficient evidence to justify the requested release as being in the best interest of the public. Final determination with regard to the necessity of public disclosure of such information remains solely with the contracting officer.

The prohibition against "public disclosure" is defined to include a prohibition against disclosure to any governmental agency, as well as any individual or group of individuals outside of the government.

Contractor shall insert the above, in any, and all, subcontracts hereunder relating to performance of work under this contract.

H.9 CONTRACTOR IT SECURITY ACCREDITATION

Within 6 months after contract, the contractor shall submit written proof of IT Security accreditation to DHS for approval by DHS CO. Accreditation will proceed according to the criteria of DHS Sensitive System Policy Publication, 4300A (most current version) or any replacement publication, which the CO will provide upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the CO, shall be incorporated into the contract as a compliance document. The contractor shall comply with the approved accreditation documentation.

H.10 ICE AI Contract Terms

1. Compliance with Federal Laws and Policies; AI Use Limitations. The Contractor shall ensure any AI system or service provided complies with all applicable federal, Department of Homeland Security (DHS), and U.S. Immigration and Customs Enforcement (ICE) AI Policies, Directives, and Memos, as well as ICE AI governance requirements. The AI solution must align with the U.S. Constitution and all relevant laws and regulations, including privacy, civil rights, and civil liberties. Specifically:

a. The Contractor must stay current and comply with any updates or new AI policy and AI governance requirements issued during the contract term.

b. AI used to support law enforcement decisions or civil actions must include technical and operational safeguards to:

i. Establish human-in-the loop oversight.

ii. Document or label AI-generated content.

c. For AI used in determinations impacting individuals (e.g., risk assessments, identity verification), the Contractor must cooperate with federal, DHS, and ICE procedures for notice and appeal, providing explanations or adjusting outputs upon error findings.

d. The contract prohibits use of AI that violates DHS policy, including:

i. Using AI outputs as sole evidence for punitive or enforcement actions.

ii. Utilizing AI to make or support decisions on improper bases (e.g., predicting future behavior or emotional state leading to discriminatory or unlawful actions).

e. The Contractor must follow AI Use Case approval, Security Authorization, and ICE AI governance and AI risk management processes and requirements before developing, piloting, testing, or deploying AI in ICE environments or using ICE data.

f. The Contractor is responsible for complying with AI Security Control Baseline requirements.

2. Traceability, Auditability, and Transparency. The Contractor shall design, build, document, and operate the AI system or service to be explainable, auditable, and transparent. At a minimum, the Contractor shall:

a. Document the provenance of data used for AI training, fine-tuning, or operation.

b. Ensure data used for AI training, fine tuning, or operation was lawfully obtained and processed.

c. Document the provenance of any third-party AI models used (source, version, etc.).

d. Provide comprehensive system diagrams and inventories that map the AI systems’ API and system connections, data flows, and technical components.

e. Provide comprehensive documentation explaining how the AI system works, including any models and algorithms.

f. Ensure the AI system, where applicable, provides clear explanations or reasoning for its decisions or predictions.

g. Ensure AI outputs are traceable, auditable, meet evidentiary standards, and are explainable to non-technical users. Additionally:

i. Ensure GenAI inputs and their outputs are logged and preserved in line with federal, DHS, and ICE retention policies.

3. Data Rights and Solution Ownership. The contract shall clearly delineate data and intellectual property rights to protect ICE’s interests in the AI solution and associated data.

Specifically:

a. All data provided by the Government or generated through the AI system belongs to the Government. The Contractor is prohibited from:

i. Using nonpublic agency data and outputted results to train publicly or commercially available AI algorithms, or any non-ICE systems outside the contract’s scope without ICE’s authorization.

ii. Using Government-furnished data or AI-generated data for purposes outside the contract without ICE authorization.

iii. Sharing, disclosing, or transferring Government data, AI models, or AI-outputs with third parties without ICE’s authorization.

b. The Contractor must grant the Government appropriate license rights in any custom-developed AI models, software, or deliverables. Intellectual Property (IP) rights will be negotiated consistent with federal law and the agency’s mission needs, aiming to avoid vendor lock-in. The Government may require broad or unlimited rights to certain deliverables (including source code or trained model files) for long-term use, maintenance, or integration of the AI solution.

c. ICE maintains ownership over and the Contractor must provide ICE access to:

i. Any derivative outputs of AI developed under the Contract, including data processed using

AI.

ii. Any models trained, fine-tuned, or otherwise developed using ICE data.

4. Prevention Against Vendor Lock-In: To promote a competitive marketplace and long-term sustainability of ICE’s AI capabilities, the Contractor shall:

a. Utilize industry-standards, Application Programming Interfaces (APIs), and protocols wherever possible to ensure interoperability and combability within and between ICE and DHS systems.

b. Ensure inputs and outputs of the AI system are exportable in a non-proprietary, machine-readable format to facilitate integration or transfer of functions to other systems.

c. Where custom components are developed, deliver sufficient technical documentation and access to components (including source code, model weights, or other foundational code) to enable ICE’s long-term use of the AI system.

d. In the case of transitioning the AI system to another contractor or in-house provider, the Contractor must support knowledge transfer and provide all necessary documentation, models, data, derivative outputs, and software to enable sustained system use.

i. The Contract must also document estimated costs and related steps that will be required to exit the Contract.

5. Security, Testing & Evaluation, and Continuous Monitoring: The Contractor shall implement rigorous security and risk management measures for the AI solution, per federal standards, ICE procedures, and Office of Management and Budget (OMB) guidance on AI risks.

Key requirements include:

a. If designated as a High Impact AI system, complying with all required AI Risk Management practices (per OMB, DHS, and ICE policy), unless officially granted a waiver.

b. Before deploying the AI system: The Contractor must provide testing and evaluation artifacts and support (including providing requisite access) to enable ICE independent test and evaluation processes to evaluate factors such as, but not limited to:

i. AI system performance, including accuracy and reliability.

ii. Compliance with DHS AI Security Controls.

iii. Resiliency against AI cybersecurity and operational threats, including system misuse/abuse.

iv. Completion of an AI impact assessment and/or other risk assessment procedures, in line with federal, DHS, and ICE policy and practices.

v. Fulfillment of functional, business, and technical requirements.

c. While operating the AI system: The Contractor must re-test system performance, security, resiliency, and abuse/mis-use vulnerabilities before deploying new AI models, fine-tuned models, or other changes to AI systems that require Change Requests.

d. Audit and Logging: Ensure compliance with DHS and ICE AI auditing and logging requirements, including, but not limited to audit and logging the access, usage, and modification of:

i. AI Guardrails deployed in GenAI systems.

ii. Models, including parameters and weights.

iii. AI system inputs and outputs (including prompts).

iv. Additional requirements as determined by federal, DHS, and ICE policy.

e. Continuous Monitoring: The Contractor shall implement continuous monitoring mechanisms to detect and respond to anomalies, biases, or performance degradation in AI systems.

Additionally:

i. The Contractor shall establish protocols for the timely remediation of identified issues, including the potential suspension of AI system operations if necessary.

ii. The Contractor shall comply with all continuous monitoring requirements, per federal, DHS, and ICE policy.

H.11 ITAR SME Cybersecurity Supply Chain Risk Management (C-SCRM)

a. Definitions:

i. Component: a unit defined by the supplier that connects to and functions as part of the product. For software products, a component is a unit of software defined by a supplier at the time the component is built, packaged, or delivered. For hardware, a component is one hardware unit designed to connect to and function as part of a larger product.

ii. End-of-Life (EOL): means that an ICT product has reached the final stage of the product life cycle in which that version of the ICT product will no longer be supported nor manufactured (e.g., no patches will be developed, no security improvements will be made, and, sometimes, no troubleshooting technical assistance will be offered).

iii. End-of-Support (EOS): means that an ICT product will no longer be supported (e.g., no patches will be developed, no security improvements will be made, and, sometimes, no troubleshooting technical assistance will be offered).

iv. Information and Communications Technology (ICT): encompasses the capture, storage, retrieval, processing, display, representation, presentation, organization, management, security, transfer, and interchange of data and information; includes all categories of ubiquitous technology used for the gathering, storing, transmitting, retrieving, or processing of information (e.g., microelectronics, printed circuit boards, computing systems, software, signal processors, mobile telephony, satellite communications, and networks).

v. Product: part of the equipment (hardware, software and materials) for which usability is to be specified or evaluated.

b. Original Equipment Manufacturer (OEM) End-use Information and Communications Technology (ICT) Product:

i. The contractor shall provide new equipment unless otherwise formally approved by the Government, in writing. The contractor shall provide only Original Manufacturer (OEM) end-use products to the Government. In the event that a shipped OEM product, or part or component of that product, fails, all replacements must be new (i.e., non-refurbished, not previously used) OEM.

ii. The contractor may provide previously used OEM products only with written Government approval. Such parts shall be procured from their original source and shipped only from the manufacturer's authorized shipment points.

c. Accounting of Components in ICT Products:

i. The contractor shall provide and maintain a list of components for each product used in performance of the contract, including through subcontracts or other arrangements. This list for each product shall provide the component manufacturer's name, address, state, and/or domain of registration, and, where applicable, the Unique Entity Identifier (UEI) number, for all components comprising the ICT products.

ii. The contractor shall notify the Government when a new contractor/subcontractor/service provider is introduced to the ICT provided on this contract, or when suppliers of components or products are changed. If a software component used in the performance of the contract is updated with a new build or release, the contractor must update the list provided in accordance with (i) above to reflect the new version of the software. This includes software builds to integrate an updated component or dependency.

iii. For software products, the contractor shall provide all OEM software updates, and patches to correct defects, for the life of the product [i.e., until the "End of Life" (EoL) or "End of Support" (EoS)]. Software updates and patches shall be made available to the government for all products procured under this Contract and replaced when End of Support (EoS) is reached.

iv. A contractor using team members in performance of the contract (e.g., subcontractors or other service providers) shall ensure that the standards for the accounting of components in this subsection are met by team members.

d. Supply-Chain Transport:

i. The contractor shall use formal, documented, and accountable transit, storage, and delivery procedures (i.e., the possession of the end-use product to be delivered is documented at all times from initial shipping point to final destination, and every transfer of the product from one custodian to another is fully documented and accountable) for all information and communication technology (ICT) shipments to fulfill this contract.

ii. The contractor shall maintain all records pertaining to the transit, storage, and delivery of ICT deliverables under this contract through at least 6 months after acceptance and make available for inspection upon request of the Government.

iii. The contractor shall make use of tamper-proof or tamper-evident packaging for all shipments.

iv. The contractor shall provide a packing slip for each container or package with the information identifying the contract or order number, a description of the hardware/software enclosed (Manufacturer name, model number, serial number), and the customer point of contact.

v. The contractor shall provide a shipping notification to the intended government recipient;

with a copy transmitted to the Contracting Officer, or other designated representative. This shipping notification shall be provided electronically and identify the contract or order number, a description of the hardware/software being shipped (manufacturer name, model number, serial number), initial shipper, shipping date and identifying (tracking) number.

e. Changes to Ownership and Control:

The Contractor shall immediately notify the Contracting Officer and Contracting Officer's Representative regarding any significant changes to corporate ownership or control from contract award through final delivery or the end of the period of performance. A significant change would be one in which a change occurs in the individuals or entities who, directly or indirectly, either (1) exercises substantial control over an entity, or (2) owns or controls at least 25 percent of the ownership interests of an entity.

H.12 ITAR SME Enterprise Architecture https://usdhs.sharepoint.com/sites/dhsconnect/org/comp/mgmt/ocio/cto/Pages/ITAR·Submission https://usdhs.sharepoint.com/sites/dhsconnect/org/comp/mgmt/ocio/cto/Pages/ITAR%C2%B7Submission%C2%B7EA%C2%B7Compliance.aspx

·EA·Compliance.aspx

This is a list of EA Architecture Compliance language agreed upon between Components and HQ DHS to be used in preparing SOW, PWS & SOO for IT acquisitions & services. The following Components—CBP, TSA and USCG—have their own customized version listed below that must be used. All other Components must use the DHS Enterprise Architecture Compliance language that follows.

H.13 ITAR SME FedRAMP – Cloud and 'as-a-Service’

When procuring or considering cloud services,

(a) Cloud computing. All use of cloud computing products or services that process unclassified information must comply with the FedRAMP Authorization Act, 44 U.S.C. Section 3607 et. seq.

The following requirements apply when using cloud computing to provide information systems or services in the performance of the contract:

Cloud computing security requirements. The Contractor shall implement and maintain administrative, technical, and physical safeguards and controls with the security level and services required in accordance with FedRAMP Security Authorization Requirements unless notified by the Contracting Officer that this requirement has been waived by the Agency Chief Information Officer.

Cloud computing continuous monitoring. The Contractor shall maintain an adequate continuous monitoring capability based on the FedRAMP Security Authorization Requirements including processes described in the NIST Special Publication (SP) 800-137, Information Security Continuous Monitoring (ISCM) for Federal Information Systems and Organizations and governed by the FedRAMP Continuous Monitoring Strategy Guide.

Cloud computing services cyber incident reporting. The Contractor shall report all cybersecurity incidents that are related to the cloud computing service provided under this contract. Reports shall be submitted according to FedRAMP Security Authorization Requirements, published FedRAMP Incident Communications Procedures, and Federal Incident Notification Guidelines for submitting incident notifications to CISA using the CISA incident reporting form (https://us-cert.cisa.gov/report).

H.14 ITAR SME Identity and Credentials Management (ICAM)

HSPD-12:

Procurements for products, systems, services, hardware, or software involving controlled facility or information system shall be PIV-enabled by accepting HSPD-12 PIV credentials as a method of identity verification and authentication.

Procurements for software products or software developments shall be compliant by PIV by accepting PIV credentials as the common means of authentication for access for federal employees and contractors.

https://usdhs.sharepoint.com/sites/dhsconnect/org/comp/mgmt/ocio/cto/Pages/ITAR%C2%B7Submission%C2%B7EA%C2%B7Compliance.aspx https://us-cert.cisa.gov/report https://us-cert.cisa.gov/report

PIV-enabled information systems must demonstrate that they can correctly work with PIV credentials by responding to the cryptographic challenge in the authentication protocol before granting access.

If a system is identified to be non-compliant with HSPD-12 for PIV credential enablement, a remediation plan for achieving HSPD-12 compliance shall be required for review, evaluation, and approval by the CISO.

The Homeland Security Presidential Directive 12 (HSPD-12) requires the use of the Personal Identity Verification (PIV) credentials as the common means of authentication for access to DHS facilities, networks, and information systems. Personal Identity Verification (PIV) credentials shall be used as the primary means of logical authentication for DHS sensitive systems. The Contractor must use his or her federal issued Personal Identity Verification (PIV) credentials to access DHS resources to include IT applications and physical facility.

The DHS Office of the Chief Security Officer shall be notified of all terminations/resignations within five (5) days of occurrence. The Contractor shall return to the Contracting Officer’s Representative (COR) all DHS issued Personal Identity Verification (PIV) credentials /identification cards and building passes that have either expired or have been collected from terminated employees. If a PIV credential/identification card or building pass is not available to be returned, a report shall be submitted to the COR, referencing the PIV credential, pass or card number, name of individual to who it was issued and the last known location and disposition of the PIV credential, pass or card. The Contractor or contractor personnel’s failure to return all DHS issued identification cards and building passes upon expiration, upon the contractor personnel’s removal from the contract, or upon demand by DHS may subject the contractor personnel and the Contractor to civil and criminal liability.

[END OF SECTION H]

SECTION I - CONTRACT CLAUSES

I.1 NOTICE

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.

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 agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, and Offeror Representations and Certifications—Commercial Products and Commercial Services, including paragraph (t). Additional examples include 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services, and 52.213-4, Terms and Conditions—Simplified Acquisitions (Noncommercial).

Contracting officers will not consider the following representations when making award decisions or enforcing requirements:

Paragraph (d) and (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services

Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. Additionally, per this deviation, in paragraph (b)(46), E.O. 14057 does not apply;

Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services

Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). Additionally, per this deviation, in paragraph (b)(1)(xvii), E.O. 14057 does not apply.

Entities are not required to update their entity registration to remove these representations in SAM.

I.2 FAR CLAUSES AND/OR PROVISIONS INCORPORATED BY REFERENCE

In accordance with (IAW) FAR 52.252-2, the following clauses are incorporated by reference:

52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984

52.203-6 Restrictions on Subcontractor Sales to the Government with Alternate I

Jun 2020 Alt I Nov

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020

52.203-13 Contractor Code of Business Ethics and Conduct Nov 2021

52.203-17 Contractor Employee Whistleblower Rights Nov 2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-13 System for Award Management Maintenance with Alternate I (DEVIATION 25-19) Aug 2025

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.207-5 Option to Purchase Equipment Feb 1995

52.209-6

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded(DEVIATION 25-27) Nov 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (DEVIATION 25-27) Nov 2025

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION 25-27) Nov 2025

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (DEVIATION 25-21)

Aug 2025

52.215-8 Order of Precedence-uniform Contract Format (DEVIATION 26-08) Oct 2025 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 26-03) Oct 2025 52.219-8 Utilization of Small Business Concerns (DEVIATION 26-03) Oct 2025 52.219-14 Limitations on Subcontracting (DEVIATION 26-03) Oct 2025 52.219-16 Liquidated Damages-Subcontracting Plan (DEVIATION 26-03) Oct 2025

52.219-28 Postaward Small Business Program Rerepresentation (DEVIATION 26-03) Oct 2025

52.222-1 Notice to the Government of Labor Disputes Feb 1997 52.222-3 Convict Labor Jun 2003 52.222-35 Equal Opportunity For Veterans (DEVIATION 26-10) Oct 2025

52.222-36 Equal Opportunity for Workers with Disabilities (DEVIATION 26-

10) Oct 2025

52.222-37 Employment Reports On Veterans (DEVIATION 26-10) Oct 2025

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. Dec 2010

52.222-50 Combating Trafficking in Persons Nov 2021

52.222-54 Employment Eligibility Verification (DEVIATION 26-10) Oct 2025

52.223-23 Sustainable Products and Services (DEVIATION 26-12) Oct 2025 52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984

52.224-3 Privacy Training with Alternate I* Jan 2017 Alt I Jan 2017

52.225-1 Buy American-Supplies (DEVIATION 26-09) Oct 2025

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving May 2024

52.227-1 Authorization and Consent Jun 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement Jun 2020 52.227-14 Rights in Data—General May 2014 52.227-16 Additional Data Requirements June 1987 52.227-17 Rights in Data-Special Works Dec 2007 52.228-5 Insurance-Work on a Government Installation Jan 1997 52.229-3 Federal, State, and Local Taxes Feb 2013 52.229-12 Tax on Certain Foreign Procurements Feb 2021 52.232-1 Payments Apr 1984 52.232-8 Discounts for Prompt Payment Feb 2002 52.232-9 Limitation on Withholding of Payments Apr 1984 52.232-11 Extras Apr 1984 52.232-17 Interest May 2014 52.232-18 Availability of Funds Apr 1984 52.232-23 Assignment of Claims May 2014

52.232-33 Payment by Electronic Funds Transfer-System for Award Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023 52.233-1 Disputes with Alternate I (DEVIATION 25-25) Aug 2025 52.233-3 Protest after Award (DEVIATION 25-25) Aug 2025 52.233-4 Applicable Law for Breach of Contract Claim (DEVIATION 25-25) Aug 2025 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.237-3 Continuity of Services Jan 1991 52.242-5 Payments to Small Business Subcontractors Jan 2017 52.242-13 Bankruptcy Jul 1995

52.243-1 Changes - Fixed-Price with Alternate I & II (DEVIATION 25-09)

Jun 2025 Alt I June

52.244-6 Subcontracts for Commercial Products and Commercial Services (DEVIATION 25-34) Sep 2025

52.245-1 Government Property Alt I Sep 2021 52.245-9 Use and Charges Apr 2012

52.247-5 Familiarization with Conditions Apr 1984 52.247-15 Contractor Responsibility for Loading and Unloading Apr 1984 52.248-1 Value Engineering Jun 2020 52.249-2 Termination for Convenience of the Government (Fixed-Price) Apr 2012 52.249-8 Default (Fixed-Price Supply and Service) Apr 1984 52.253-1 Computer Generated Forms (DEVIATION 26-14) Oct 2025 *The below deviated text is applicable to these clauses.

I.3 FAR CLAUSES AND/OR PROVISIONS INCORPORATED BY FULL TEXT

The following clauses and/or provisions are incorporated by full text.

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from TBD - will be filled in after award through TBD - will be filled in after award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $154,275.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of the maximum value of the IDIQ.;

(2) Any order for a combination of items in excess of the maximum value of the IDIQ; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (DEVIATION 26-04) (OCT 2025)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after the period of performance end date of the IDIQ.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of contract expiration.

(End of Clause)

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 1 day prior to the end of the performance period 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 five years.

52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) (DEVIATION 26-10, Revision 2)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations;

or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment…