2.2.1- Provisions and Clauses_Attachment 1.pdf

70CMSD26Q00000018

Attachment 1 – Provisions and Clauses

FAR Clauses incorporated by Reference:

Clauses are incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/. Deviation Clauses are available at: DHS FAR Class Dev

X 52.212-4 Contract Terms and Conditions - Commercial Items. (Aug 2025) (DEVIATION 25-21) X 52.203-6 Restrictions on Subcontractor Sales to the Government (June 2020)

Alternate I (Nov 2021) X 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) X 52.203-17 Contractor Employee Whistleblower Rights. (Nov 2023) X 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) X 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract (AUG 2025) (DEVIATION 25-19) X 52.204-13 System for Award Management Maintenance (AUG 2025) (DEVIATION 25-19) X 52.204-14 Service Contract Reporting Requirements (AUG 2025)(DEVIATION 25-19) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (AUG

2025)(DEVIATION 25-19)

X 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-91 Contractor Identification (AUG 2025) (DEVIATION 25-19) X 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) X 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (NOV 2025)

(DEVIATION 25-27)

X 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2025)

(DEVIATION 25-27)

52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2025) (DEVIATION 26-03) 52.219-6 Notice of Total Small Business Aside (OCT 2025)(DEVIATION 26-03)

Alternate I 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

Alternate I (Mar 2020) of 52.219-7.

52.219-8 Utilization of Small Business Concerns (OCT 2025) (DEVIATION 26-03) 52.219-9 Small Business Subcontracting Plan (OCT 2025) (DEVIATION 26-03)

Alternate I Alternate II Alternate III

52.219-13 Notice of Set-Aside of Orders (Mar 2020) 52.219-14 Limitations on Subcontracting (OCT 2025) (DEVIATION 26-03) 52.219-16 Liquidated Damages—Subcontracting Plan (OCT 2025) (DEVIATION 26-03) 52.219-28 Postaward Small Business Rerepresentation (NOV 2025) (DEVIATION 26-03) 52.219-33 Nonmanufacturer Rule (OCT 2025) (DEVIATION 26-03) X 52.222-3 Convict Labor X 52.222-19 Child Labor—Cooperation with Authorities and Remedies (OCT 2025) (DEVIATION 26- 10) X 52.222-35 Equal Opportunity for Veterans (OCT 2025) (DEVIATION 26-10) https://www.acquisition.gov/FAR/ https://www.dhs.gov/sites/default/files/2025-12/25_1128_cpo_rfo-far-class-deviations-far-part-52.pdf

X 52.222-36 Equal Opportunity for Workers with Disabilities (OCT 2025) (DEVIATION 26-10) X 52.222-37 Employment Reports on Veterans (OCT 2025) (DEVIATION 26-10) X 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

X 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (OCT 2025) (DEVIATION 26-10) X 52.222-54 Employment Eligibility Verification (OCT 2025) (DEVIATION 26-10) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022).

52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

Alternate I 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (OCT

2025) (DEVIATION 26-12)

52.223-12, Maintenance (Nov 2025) 52.223-23, Sustainable Products and Services (Nov 2025) 52.224-1, Privacy Act Notification (Apr 1984) 52.224-2, Privacy Act (Apr 1984) 52.224-3, Privacy Training (Jan 2017) 52.225-1, Buy American Supplies (Oct 2025)(DEVIATION 26-09) 52.225-2, Buy American Certificate (Oct 2022) 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (OCT 2025) (DEVIATION 26-09)

Alternate II Alternate III Alternate IV

52.225-5, Trade Agreements (Nov 2023) 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (AUG 2025) (DEVIATION 25- 18) X 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021) 52.232-29 Terms for Financing of Commercial Products and Commercial Services (Nov 2021) 52.232-30, Installment Payments of Commercial Products and Commercial Services (Nov 2021)

X 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) 52.232-36 Payment by Third Party (OCT 2025) (DEVIATION 26-13) X 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.232-90 Fast Payment Procedure (OCT 2025) (DEVIATION 26-13) X 52.233-3 Protest After Award (AUG 2025) (DEVIATION 25-25) X 52.233-4 Applicable Law for Breach of Contract Claim (AUG 2025) (DEVIATION 25-25) X 52.240-91 Security Prohibitions and Exclusions (AUG 2025) (DEVIATION 25-23)

Alternate I (AUG 2025) (DEVIATION 25-23) X 52.240-92 Security Requirements (AUG 2025) (DEVIATION 25-23) X 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (AUG 2025)

(DEVIATION 25-23)

52.242-5 Payments to Small Business Subcontractors (Jan 2017) X 52.244-6 Subcontracts for Commercial Products and Commercial Services (SEP 2025) (DEVIATION 25-34) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels

Alternate I Alternate II

52.247-69 Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025)

FAR Provisions Incorporated by Reference: (Provisions to be removed prior to contract award) Provisions are incorporated by reference. The full text of the provisions is available at:

https://www.acquisition.gov/FAR/. Deviation Clauses are available at: DHS FAR Class Dev

X 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) X 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) X 52.204-7 System for Award Management (AUG 2025) (DEVIATION 25-19) 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) 52.204-90 Offeror Identification (AUG 2025) (DEVIATION 25-19) 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2025)

(DEVIATION 26-03)

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2025) 52.223-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (OCT 2025)

(DEVIATION 26-09)

52.225-2 Buy American Certificate 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2023) 52.225-6 Trade Agreements-Certificate X 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (DEVIATION 20-

05) (NOV 2025)

X 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)

X 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

X 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (DEVIATION 20-

05) (NOV 2025)

FAR Provision Incorporated in Full Text:

52.209-12 Certification Regarding Tax Matters. (Oct 2025)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $7 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it

(1) Has □ filed all Federal tax returns required during the three years preceding the certification;

(2) Has not □ been convicted of a criminal offense under the Internal Revenue Code of 1986; and https://www.acquisition.gov/FAR/

(3) Has not □, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(End of provision)

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 based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

HSAR Clauses incorporated by Full Text:

3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION

OF COMMERCIAL ITEMS (JULY 2023) ) (HSAR DEVIATION 25-09) (effective November 28, 2025)

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:

(a) Provisions.

3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. (June 2006)

3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(June 2006)

3052.247-70 F.o.B. Origin Information. (Dec 2003)

Alternate I (Dec 2003)

Alternate II (Dec 2003)

3052.247-71 F.o.B. Origin Only. (Dec 2003)

3052.247-72 F.o.B. Destination Only. (Dec 2003)

(b) Clauses.

X 3052.203-70 Instructions for Contractor Disclosure of Violations. (Sep 2012)

X 3052.205-70 Advertisement, Publicizing Awards, and Releases. (Sep 2012)

Alternate I (Sept 2012)

3052.209-72 Organizational Conflicts of Interest. (June 2006)

3052.209-73 Limitation on Future Contracting. (June 2006)

3052.215-70 Key Personnel or Facilities. (Dec 2003)

3052.216-71 Determination of Award Fee. (Sep 2012)

3052.216-72 Performance Evaluation Plan. (Dec 2003)

3052.216-73 Distribution of Award Fee. (Dec 2003)

3052.219-71 DHS Mentor Protégé Program. (June 2006)

3052.228-70 Insurance. (Dec 2003)

3052.236-70 Special Provisions for Work at Operating Airports. (Dec 2003)

X 3052.240-71 Contractor Employee Access.

X Alternate I

Alternate II

X 3052.240-72 Safeguarding of Controlled Unclassified Information.

Alternate I

X 3052.240-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

X 3052.242-72 Contracting Officer's Representative. (Dec 2003)

(End of clause)

HSAR Class Deviation 15-01 Revision 1, INFORMATION TECHNOLOGY SECURITY

AWARENESS TRAINING (JULY 2023)

(a) Applicability. This clause applies to the Contractor, its subcontractors, and Contractor employees (hereafter referred to collectively as “Contractor”). The Contractor shall insert the substance of this clause in all subcontracts.

(b) Security Training Requirements.

(1) All users of Federal information systems are required by Title 5, Code of Federal Regulations, Part 930.301, Subpart C, as amended, to be exposed to security awareness materials annually or whenever system security changes occur, or when the user’s responsibilities change. The Department of Homeland Security (DHS) requires that Contractor employees take an annual Information Technology Security Awareness Training course before accessing sensitive information under the contract. Unless otherwise specified, the training shall be completed within thirty (30) days of contract award and be completed on an annual basis thereafter not later than October 31st of each year. Any new Contractor employees assigned to the contract shall complete the training before accessing sensitive information under the contract. The training is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. The Contractor shall maintain copies of training certificates for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, initial training certificates for each Contractor and subcontractor employee shall be provided to the Contracting Officer’s Representative (COR) not later than thirty (30) days after contract award. Subsequent training certificates to satisfy the annual training requirement shall be submitted to the COR via e-mail notification not later than October 31st of each year. The e-mail notification shall state the required training has been completed for all Contractor and subcontractor employees.

(2) The DHS Rules of Behavior apply to every DHS employee, Contractor and subcontractor that will have access to DHS systems and sensitive information. The DHS Rules of Behavior shall be signed before accessing DHS systems and sensitive information. The DHS Rules of Behavior is a document that informs users of their responsibilities when accessing DHS systems and holds users accountable for actions taken while accessing DHS systems and using DHS Information Technology resources capable of inputting, storing, processing, outputting, and/or transmitting sensitive information. The DHS Rules of Behavior is accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Unless otherwise specified, the DHS Rules of Behavior shall be signed within thirty (30) days of contract award.

Any new Contractor employees assigned to the contract shall also sign the DHS Rules of Behavior before accessing DHS systems and sensitive information. The Contractor shall maintain signed copies of the DHS Rules of Behavior for all Contractor and subcontractor employees as a record of compliance. Unless otherwise specified, the Contractor shall e-mail copies of the signed DHS Rules of Behavior to the COR not later than thirty (30) days after contract award for each employee. The DHS Rules of Behavior will be reviewed annually, and the COR will provide notification when a review is required.

HSAR Provisions Incorporated by Reference: (Provisions to be removed prior to contract award) Provisions are incorporated by reference. The full text of the provisions is available at: Homeland Security Acquisition Regulation | Homeland Security and Deviation Clauses are available at: DHS FAR Class Dev

HSAR Provisions incorporated by Reference:

None

HSAR Provisions incorporated by Full Text:

3052.209-70 - PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this provision, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this provision:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

https://www.dhs.gov/hsar https://www.dhs.gov/hsar

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.1087003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.1087003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. 52-22

(End of provision)

OCIO/ Data Management Unit (DMU) - Data Ownership Contract Requirements Language

1. Accessibility of Government-owned Data All stored program data associated with this acquisition shall be owned by the Government. As such, it shall be made accessible to the Government in accordance with the Minimum Data Access Capability described below. This accessibility is required to allow full data transparency, flexibility in performing data analytics, and integration with data from other government programs.

In addition to the Minimum Data Access Capability, the Government prefers, but does not require, that program data be accessible via Enhanced Access Capabilities as described below.

Definition of “program data”: Program Data refers to any data resulting from ICE and DHS organizational activity. Examples of such data include but are not limited to administrative data resulting from human resource, management, and financial actions, as well as operational data resulting from performance of the ICE mission.

Definition of “associated with this acquisition”: Program Data is associated with an acquisition if it is created by DHS organizational activity that is facilitated by the contractor. Examples of how a contractor might facilitate organizational activity follow:

o Program data is stored by contractor personnel o Program data is stored by software that is managed, developed, or used by the contractor o Program data is stored in a repository that is managed, developed, or used by the contractor

2. Minimum Data Access Capability

• The current version of all Program Data is accessible to the Government within 24 hours of request, as well as on any pre-defined schedule as required by the Government.

Data access can occur by various means, provided that Government security requirements are met, and data is accessible in a format that is acceptable to the Government. Examples include but are not limited to APIs that are consumable by the Government, files made available for Government download (e.g., Excel Spreadsheets), or direct database query by federal or contractor personnel.

• The contractor shall format program data accessed by the Government to anticipate the maximum file size of any data to be accessed. File size shall be small enough to assure rapid processing by government applications.

• The contractor shall provide the means for the Government to interpret accessible Program Data as follows:

o Data elements and groupings of data elements shall be clearly identifiable by labels embedded in the data itself, or by a separate schema or file layout which allows such elements and groupings to be identified. In the case of a relational database schema defined through Data Definition Language (DDL), data elements would be represented as columns, and groupings of data would be represented as tables. In addition, relationships between tables would be described as foreign key relations.

o Labels or names used to identify data elements and groupings of data elements shall be approved by the Government. In addition, each label or name shall be associated with a government approved definition which describes the content of data held therein.

o Program data delivered to the Government shall conform to the Government approved definition for each data element and grouping of data elements.

o All data accessible by the Government shall be both machine readable and human-readable in plain text.

o All reference data associated with Program Data also needs to be accessible to the Government.

Such reference data is required to provide complete understanding of a record.

Reference Data Example: Program data may include a city code which uniquely identifies a city.

Reference data associated with a city code may include its name, geographic boundaries, population, median income, etc. This example is provided for clarification of the meaning of reference data and may or may not apply to this specific acquisition. Examples of other reference data codes would include codes representing eye color, gender, country of origin, etc.

3. Enhanced Access Capabilities The Government prefers that sharing of program data take place via an Application Programming Interface (API) or multiple APIs. APIs allow the Government to efficiently consume data via a widely recognized standard where the data has been completely abstracted from the technology platform that produces it.

In addition, the Government prefers that sharing of program data take place using techniques that enhance efficiency, such as Change Data Capture (CDC). CDC enhances efficiency of data transfer by providing only incremental updates to program data as opposed to providing all program data each time data is shared.

AI Contract Language

(a) 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:

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

(2) AI used to support law enforcement decisions or civil actions must include technical and operational safeguards to:

• Establish human-in-the loop oversight.

• Document or label AI-generated content.

(3) 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.

(4) The contract prohibits use of AI that violates DHS policy, including:

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

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

(5) 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.

(6) The Contractor is responsible for complying with AI Security Control Baseline requirements.

(b) 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:

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

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

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

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

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

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

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

• 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:

• All data provided by the Government or generated through the AI system belongs to the

Government. The Contractor is prohibited from:

• 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.

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

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

(4) 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.

(5) ICE maintains ownership over and the Contractor must provide ICE access to:

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

AI.

• 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:

(e) AI Guardrails deployed in GenAI systems.

(f) Models, including parameters and weights.

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

(h) 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.