2.2.1_Sol_Att 3_Applicable Provisions & Clauses_20155873.pdf

SOLICITATION ATTACHMENT 3: APPLICABLE PROVISIONS & CLAUSES

RFQ 20155873

SECTION I CONTRACT CLAUSES

I.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 these addresses: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52, https://www.dhs.gov/cpo-dhs-far-overhaul-deviations, and https://www.dhs.gov/sites/default/files/2025- 11/25_1119_cpo_rfo-hsar-class-deviations-hsar-part-3052.pdf

(End of clause)

I.2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025) (DEVIATION 25-19)

I.3 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I.4 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(AUG 2025) (DEVIATION 25-21)

I.5 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

I.6 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEPTEMBER

2025) (DEVIATION 25-34, Rev 1)

I.7 ADDITIONAL CONTRACT TERMS & CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(a) The Contractor shall comply with the following Revolutionary Federal Acquisition Regulation (FAR) Overhaul clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[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] 52.219-6, Notice of Total Small Business Set-Aside (OCT 2025) (DEVIATION 26-03)

[X] 52.219-28, Postaward Small Business Program Rerepresentation (OCT 2025) (DEVIATION 26-03)

[X] 52.222-3, Convict Labor (JUN 2003)

[X] 52.222-36, Equal Opportunity for Workers with Disabilities (Oct 2025) (Deviation 26-10)

[X] 52.222-50, Combating Trafficking in Persons (NOV 2021)

[X] 52.223-23, Sustainable Products and Services (MAY 2024) (OCT 2025) (DEVIATION 26-12)

[X] 52.225-1, Buy American-Supplies (OCT 2025) (DEVIATION 26-09)

[X] 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)

(c) The Contractor shall comply with the following RFO FAR clauses applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.dhs.gov/cpo-dhs-far-overhaul-deviations https://www.dhs.gov/sites/default/files/2025-11/25_1119_cpo_rfo-hsar-class-deviations-hsar-part-3052.pdf https://www.dhs.gov/sites/default/files/2025-11/25_1119_cpo_rfo-hsar-class-deviations-hsar-part-3052.pdf

[X] 52.222-41, Service Contract Labor Standards (AUG 2018)

[X] 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)

23470 - Laborer: WG-2 plus fringe benefits

[X] 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022).

I.8 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)

I.9 CONTRACT TYPE (OCT 2008)

This is a Firm-Fixed-Price Purchase Order.

[End of Clause]

I.10 SPECIFICATIONS, STATEMENT OF WORK, STATEMENT OF OBJECTIVES OR PERFORMANCE WORK

STATEMENT ATTACHED (JUN 2013)

The Specifications, Statement of Work, Statement of Objectives or Performance Work Statement which describe the work to be performed hereunder, although attached, is incorporated and made a part of this document with the same force and effect of “specifications” as described in the clause, Order of Precedence, RFO FAR 52.212-4(r) incorporated herein by reference.

I.11 PERIOD OF PERFORMANCE (MAR 2003)

The period of performance for this requirement shall be as follows: 06/01/2026 - 05/31/2027

I.12 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract.

The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

I.13 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (AUG

2024)

1. Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing

Platform System (IPP).

2. "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov.

3. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice (The

Contracting Officer is required to list the documentation required under this contract. If no documentation is required, enter “none”.):

Soft copy (e.g., PDF) of Invoice

4. The IPP was designed and developed for Contractors to enroll, access, and use IPP for submitting requests for payment.

a. If the Contractor is not registered in IPP, CBP will initiate a request to the U.S. Department of Treasury to grant access. The Contractor’s System for Award Management (SAM) accounts receivable point of contact will receive an email notification from the U.S. Department of Treasury with instructions to register with ID.me or Login.gov.

b. Once registered, the Contractor is required to log in to the IPP Application at https://www.ipp.for.fiscal.treasury.gov/ and submit their invoices.

5. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer. The Contracting Officer will provide the waiver request form to the Contractor to complete upon request.

6. In accordance with FAR 32.904(b), the Contracting Officer, in conjunction with the COR will determine whether the invoice is proper or improper within seven (7) days of receipt. Improper invoices will be returned to the contractor within seven (7) days of receipt.

7. Contractor assistance with the use of IPP can be obtained by emailing the U.S. Treasury IPP Customer Support at

IPPCustomerSupport@fiscal.treasury.gov or by phone at (866) 973-3131.

(End of Supplementary Term and Condition)

I.14 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

I.15 DISCLOSURE OF INFORMATION (MAR 2003)

A. General

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract.

B. Technical Data Rights

The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause for additional information.

https://www.ipp.gov/ https://www.ipp.for.fiscal.treasury.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

C. Privacy Act

In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees.

I.16 NON-PERSONAL SERVICE (MAR 2003)

1. The Government and the contractor agree and understand the services to be performed under this contract are non-personal in nature. The Contractor shall not perform any inherently Governmental functions under this contract as described in Office of Federal Procurement Policy Letter 92-1

2. The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor.

3. The parties also recognize and agree that no employer-employee relationship exists or will exist between the

Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees. Contractor personnel under this contract shall not:

(a) Be placed in a position where there is an appearance that they are employed by the Government or are under the supervision, direction, or evaluation of any Government employee. All individual employee assignments any daily work direction shall be given by the applicable employee supervisor.

(b) Hold him or herself out to be a Government employee, agent or representative or state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as such and specify the name of the company of which they work.

(c) Be placed in a position of command, supervision, administration or control over Government personnel or personnel of other Government contractors, or become a part of the government organization. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to change the contract in any way. If the other Contractor believes this communication to be direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

4. If the Contractor believes any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action.

5. Rules, regulations directives and requirements which are issued by U.S. Customs & Border Protection under their responsibility for good order, administration and security are applicable to all personnel who enter U.S. Customs & Border Protection installations or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

I.17 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (OCT 2007)

The Contractor will ensure that its employees will identify themselves as employees of their respective company while working on U.S. Customs & Border Protection (CBP) contracts. For example, contractor personnel shall introduce themselves and sign attendance logs as employees of their respective companies, not as CBP employees.

I.18 HOLIDAYS AND ADMINISTRATIVE LEAVE (OCT 2021)

U.S. Customs and Border Protection (CBP) personnel observe the following days as Federal holidays:

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day Presidents' Day Veterans Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day Inauguration Day*

*Unless otherwise specified, Inauguration Day is a holiday for federal employees only in the District of Columbia, Montgomery and Prince George's counties in Maryland, Arlington and Fairfax counties in Virginia, and the cities of Alexandria and Falls Church in Virginia. It is also a holiday for district employees in Washington DC.

CBP observes any other day as a Federal holiday designated by Federal statute, by Executive Order or by the President's proclamation.

When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, except as set forth in the contract.

Except for designated around-the-clock or emergency operations, and/or as defined within the statement of requirements, contractor personnel will not be able to perform on site under this contract with CBP on the holidays set forth above. The contractor will not charge any holiday as a direct charge to the contract. In the event Contractor personnel work during a holiday other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

In the event CBP grants administrative leave to its Government employees at the site, on-site contractor personnel shall also be dismissed if the site is being closed. However, the Contractor shall continue to provide sufficient personnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In each instance when the site is closed to Contractor personnel as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances; the Contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies. The cost of salaries and wages to the Contractor for the period of any such site closure are a reimbursable item of direct cost under the contract for employees whose regular time is normally a direct charge if they continue to perform contract work; otherwise, costs incurred because of site closure are reimbursable as indirect cost in accordance with the Contractor's established accounting policy.

(End of Supplementary Terms and Conditions)

SECTION II SOLICITATION PROVISIONS

II.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

(End of provision)

II.2 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS - REPRESENTATION (JAN 2017)

II.3 52.204-7 SYSTEM FOR AWARD MANAGEMENT (AUG 2025) (DEVIATION 25-19)

II.4 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2025) (DEVIATION 25-27)

II.5 52.212-1 - INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Aug

2025) (DEVIATION 25-21)

II.6 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

II.7 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

II.8 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (AUG

2025) (DEVIATION 25-23)

II.9 52.212-2 EVALUATION -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (Aug 2025) (DEVIATION

25-21)

(a) Each quoter must provide any relevant NON-PRICING responses/documentation so that they are received no later than the closing date and time for this solicitation. A quoter must submit sufficient information for a technical evaluation to be made by the Government to determine if the quoter's quotation meets the minimum requirements of the SOW and solicitation. The Contracting Officer is not responsible for acquiring any additional information. If description/technical data/specifications are not sufficient to make a technical acceptance decision, the quotation may be determined technically unacceptable.

(b) Quotations that do not respond to all requirements in the solicitation may be rejected without further evaluation, deliberation, or discussion. The Government reserves the right to award without discussions. The Government will award a Purchase Order resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government and whose quote is the Lowest Priced Technically Acceptable (LPTA). The quote with the lowest evaluated price will be evaluated for technical acceptability and acceptable past performance. Only if that quote is found to be technically unacceptable or to have unacceptable past performance will the evaluation proceed to the quote with the next lowest evaluated price. This process will continue until the lowest priced technically acceptable quote, with acceptable past performance, is found. For this solicitation, the evaluation factors are:

1. TECHNICAL AND MANAGEMENT APPROACH (non-price): The quotation must demonstrate that the quoter can meet the requirements of the Statement of Work (SOW).

2. PAST PERFORMANCE (non-price): Quoters will be evaluated on their recent (within the past 3 years) performance of relevant requirements similar in size and scope as those described in the SOW. Quoters should provide up to three (3) references for the same or similar work performed for Federal, State, and local government and private clients. A quoter may also provide information on problems encountered on the identified projects and the quoter’s corrective actions. The Government will consider this information, as well as information obtained from any other sources, when evaluating the quoter’s past performance. A quoter will not be evaluated favorably or unfavorably on past performance if the quoter has no record of relevant past performance or for whom information on past performance is not available.

http://www.acquisition.gov/ http://www.acquisition.gov/hsar

3. PRICE: The Government will conduct a price evaluation/analysis of the quoter’s proposed price to determine if proposed prices are fair and reasonable.

II.10 52.216-1 TYPE OF CONTRACT (OCT 2025) (DEVIATION 26-04)

The Government contemplates award of a Firm-Fixed-Price Purchase Order contract resulting from this solicitation.

II.11 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any Department of Homeland Security Acquisition Regulation (HSAR) (48 CFR Chapter

30) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

II.12 AGENCY LEVEL PROTEST NOTICE (APR 2003)

Quoters are notified that per Revolutionary FAR Overhaul 33.104-4(a)(5), an independent review of the grounds for a protest is available at a level above the contracting officer as an alternative to the protest to the agency contracting officer, not as an additional appeal after the protest to the agency contracting officer has been resolved. A choice to protest to the agency contracting officer therefore relieves the U.S. Customs & Border Protection of any further internal review or appeal after the contracting officer's decision.

[End of Provision]