12. DISCOUNT TERMS

8. OFFER DUE DATE/

9. ISSUED BY CODE 10. THIS ACQUISITION IS

6. SOLICITATION

ISSUE DATE

3. AWARD/EFFECTIVE DATE 5. SOLICITATION NUMBER2. CONTRACT NUMBER 4. ORDER NUMBER

a. NAME b. TELEPHONE NUMBER (No collect calls)7. FOR SOLICITATION

INFORMATION CALL:

SET ASIDE : % FOR:

SMALL BUSINESS

NAICS:

SIZE STANDARD:

HUBZONE SMALL

BUSINESS

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

IFB RFPRFQ

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN OFFER.

8(A)

00/00/0000 70B03C26Q00000106

Christopher Patao 202-805-5396

LOCAL TIME

DHS - Customs & Border Protection

Border Enforcement Contracting Division

1300 Pennsylvania Ave, NW

Washington DC 20229

562991

See Attached Delivery Schedule DHS - Customs & Border Protection Border Enforcement Contracting Division 1300 Pennsylvania Ave, NW

Washington DC 20229

US Customs and Border Protection

FAD Mail Stop 203-V

8899 E. 56th Street

Indianapolis IN 46249

PAGE OF PAGES1. REQUISITION NUMBERSolicitation/Contract/Order for Commercial Products and Commercial Services

Offeror to Complete Blocks 12,17,23,24, & 30 20157195 1 41

ORDER UNDER DPAS (15 CFR 700)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

100UNRESTRICTED OR

13a. THIS CONTRACT IS A RATED

05/22/2026

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

24.

AMOUNT

22.

UNIT

23.

UNIT PRICE

SEE ADDENDUM

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

ECONOMICALLY DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS (EDWOSB)

CODE

CODE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

31c. DATE SIGNED

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA

ADDENDA

ARE ARE NOT ATTACHED.

ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

OFFER DATED

30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ATTACHED DELIVERY SCHEDULE $0.00

SHAW, CHRISTOPHER J

COPIES TO ISSUING OFFICE. CONTRACTOR

10 Sector Portable Restroom Service

[SJ

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IX1

I

6/24/2026, 15:00 PM Eastern Time

70B03C26Q00000106

TABLE OF CONTENTS

SECTION I SCHEDULES

I.1 DESCRIPTION

I.2 SCHEDULE OF SUPPLIES/SERVICES

I.3 PERIOD OF PERFORMANCE

I.4 PLACE OF PERFORMANCE

I.5 TYPE OF CONTRACT

I.6 COMPLIANCE STATEMENTS (EXECUTIVE ORDER/POLICY ALIGNMENT)

SECTION II CONTRACT CLAUSES

II.1 REVOLUTIONARY FAR OVERHAUL (RFO)

II.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

II.3 CLAUSES INCORPORATED BY REFERENCE (FORMERLY FAR 52.212-5)

II.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (DEVIATION 25-36)

II.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) (DEVIATION 25-36)

II.6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

II.7 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL

ITEMS (JUL 2023)

II.8 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUL 2023), ALTERNATE II (JUL 2023) (DEVIATION 25-12) II.9 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025) (DEVIATION 25-19) II.10 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (AUG 2025) (DEVIATION 25-19) II.11 52.208-9 CONTRACTOR USE of MANDATORY SOURCES of SUPPLY and SERVICES (AUG 2025)

(DEVIATION 25-20)

II.12 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL

SERVICES (AUG 2025) (DEVIATION 25-21)

II.13 52.233-3 PROTEST AFTER AWARD (AUG 2025) (DEVIATION 25-25)

II.14 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (AUG 2025) (DEVIATION 25-25) II.15 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (AUG 2025) (DEVIATION 25-23) II.16 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(DEVIATION FEB 2025)

II.17 CONTRACT TYPE (OCT 2008)

II.18 TERM OF CONTRACT WITH OPTION(S) (MAR 2003)

II.19 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

II.20 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)

(AUG 2024)

II.21 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

II.22 DISCLOSURE OF INFORMATION (MAR 2003)

II.23 NON-PERSONAL SERVICE (MAR 2003)

II.24 HOLIDAYS AND ADMINISTRATIVE LEAVE (OCT 2021)

II.25 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (OCT 2007)

II.26 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (AUG 2022)

SECTION III SOLICITATION PROVISIONS

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

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

CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017)

III.3 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION (NOV 2015)

III.4 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)

III.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

III.6 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

III.7 52.216-1 TYPE OF CONTRACT (APR 1984)

III.8 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

III.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

III.10 52.204-7, System for Award Management—Registration (AUG 2025) (DEVIATION 25-19) III.11 52.212-1 INSTRUCTIONS to QUOTERS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES (AUG

2025) (DEVIATION 25-21)

III.12 52.212-2 EVALUATION – COMMERCIAL PRODUCTS and COMMERCIAL SERVICES (AUG 2025)

(DEVIATION 25-21)

III.13 52.233-2 SERVICE OF PROTEST (AUG 2025) (DEVIATION 25-25)

III.14 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS

(AUG 2025) (DEVIATION 25-23)

III.15 GENERAL INSTRUCTIONS FOR THE PREPARATION OF QUOTES (OCT 2008)

III.16 AGENCY LEVEL PROTEST NOTICE (APR 2003)

SECTION I SCHEDULES

I.1 DESCRIPTION

This acquisition will be conducted under FAR Part 12 (Acquisition of Commercial Items) and is for the rental, servicing, and maintenance of portable restrooms and handwash stations at multiple U.S. Customs and Border Protection (CBP), U.S. Border Patrol (USBP) Tucson Sector locations. Services include delivery, setup, cleaning, restocking, black/gray water removal, and emergency response at stations, checkpoints, and remote sites throughout the Tucson Sector.

I.2 SCHEDULE OF SUPPLIES/SERVICES

See Attachment 2 (Pricing Schedule) for a detailed listing of all locations, services, and associated pricing.

I.3 PERIOD OF PERFORMANCE

The period of performance of the anticipated contract is from the date of award through 12 months from the date of award (Base Year). The contract may be renewed with four (4) follow-on option period years at the Government's discretion, subject to the contract clauses at 52.217-9 and 52.217-8

Base Period: August 1, 2026 – July 31, 2027 Option Period 1: August 1, 2027 – July 31, 2028 Option Period 2: August 1, 2028 – July 31, 2029 Option Period 3: August 1, 2029 – July 31, 2030 Option Period 4: August 1, 2030 – July 31, 2031

I.4 PLACE OF PERFORMANCE

Various U.S. Border Patrol locations throughout the Tucson Sector, Arizona. See Attachment 1 (Statement of Work) and Attachment 2 (Pricing Schedule) for specific addresses and details.

I.5 TYPE OF CONTRACT

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

I.6 COMPLIANCE STATEMENTS (EXECUTIVE ORDER/POLICY ALIGNMENT)

In compliance with Executive Order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (January 21, 2025), the Contractor agrees that compliance in all respects with applicable Federal antidiscrimination laws is material to the government’s payment decisions for purposes of 31 U.S.C. § 3729(b)(4). By submitting a Quote, the Contractor certifies that it does not operate any programs promoting Diversity, Equity, and Inclusion (DEI) that violate any applicable Federal anti-discrimination laws.

No requirement in this contract shall conflict with or contravene Executive Order Unleashing American Energy (January 20, 2025). To the extent any requirement may conflict or contravene that Executive Order, such requirement is deemed inapplicable to this contract. This includes requirements related to climate-related risk management and/or greenhouse gas (GHG) emissions inventory and/or reduction target disclosure requirements. The Contractor should consult with the Contracting Officer regarding any such requirement they determine is inconsistent with the Executive Order and work on quoted modifications to comply with the EO and statutory requirements.

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions not included in agency solicitations, including FAR 52.222-25, Affirmative Action Compliance, and paragraphs (d) and (t) of FAR 52.212-3, Quoter Representations and Certifications—Commercial Products and Commercial Services. Additional examples include FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services; FAR 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services); and FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation.

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

• Paragraphs (d) and (t) of FAR 52.212-3

• Paragraphs (b)(33), (b)(34), (e)(1)(ix), and (e)(1)(x) of FAR 52.212-5

• Paragraphs (e)(1)(ii)(I) and (e)(1)(ii)(J) of Alternate II of FAR 52.212-5

• Paragraphs (a)(1)(vii) and (a)(1)(viii) of FAR 52.213-4

Additionally, under DHS FAR Class Deviation 25-03, Executive Order 14057 does not apply to this procurement.

[This section intentionally left blank.]

SECTION II CONTRACT CLAUSES

II.1 REVOLUTIONARY FAR OVERHAUL (RFO)

* In response to Executive Order 14275, Restoring Common Sense to Federal Procurement, signed April 15, 2025, the Department of Homeland Security (DHS) has implemented the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) through a series of class deviations. DHS Class Deviations are publicly available at https://www.dhs.gov/cpo-dhs-far-overhaul-deviations, and have been applied to this contract/order. Any updates to the FAR made pursuant to the RFO and subsequently adopted by DHS via class deviation, at or before the time of award, shall be deemed adopted and become the controlling and applicable clauses for this contract/order. All references to the FAR herein are to the applicable RFO DHS class deviations.

II.2 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: www.acquisition.gov and www.dhs.gov/publication/hsar .

(End of clause)

II.3 CLAUSES INCORPORATED BY REFERENCE (FORMERLY FAR 52.212-5)

The following clauses are incorporated by reference:

52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (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) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) Deviation 25-27 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) Deviation 25-27 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) Deviation 25-27 52.219-8, Utilization of Small Business Concerns (OCT 2022) Deviation 26-03 52.219-28, Post award Small Business Program Representation (MAR 2023) Deviation 26-03 52.222-3, Convict Labor (JUN 2003) 52.222-35, Equal Opportunity for Veterans (JUN 2020) Deviation 26-10 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) Deviation 26-10 52.222-37, Employment Reports on Veterans (JUN 2020) Deviation 26-10 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-41, Service Contract Labor Standards (AUG 2018) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) 52.222-50, Combating Trafficking in Persons (NOV 2021) 52.222-54, Employment Eligibility Verification (MAY 2022) Deviation 26-10 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (DEVIATION 24-02) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (DEVIATION 26-10) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2024) (DEVIATION 26-12) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.224-3, Privacy Training (JAN 2017) (DEVIATION 17-03) 52.225-1, Buy American—Supplies (OCT 2022) (DEVIATION 26-09) 52.229-3, Federal, State, and Local Taxes (FEB 2013) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (DEVIATION 26-13) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (DEVIATION 26-13) 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) 52.240-91, Security Prohibitions and Exclusions (AUG 2025) (DEVIATION 25-23) 52.240-93, Basic Safeguarding of Covered Contractor Information Systems (AUG 2025) (DEVIATION 25-23) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) Deviation 25-19 52.219-6, Notice of Total Small Business Set-Aside (MAR 2023) (DEVIATION 26-03)

52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) 52.242-5, Payments to Small Business Subcontractors (JUN 2020)

Applicable U.S. Department of Labor Wage Determinations are attached and incorporated by reference.

II.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (DEVIATION 25-36)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 (5) years. Any extension under FAR 52.217-8, Option to Extend Services, is in addition to this 5-year limit and shall not exceed six (6) months

II.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) (DEVIATION 25-36)

(a) The Government may require continued performance of any services within the limits and at the rates specified in the contract. 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 this option by written notice to the Contractor within 30 days before the then-current period of performance expires.

II.6 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.

II.7 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL

ITEMS (JUL 2023)

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 is 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 Quotes Subject to An Economic Price Adjustment Clause.

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

[ ] 3052.247-70 F.o.B. Origin Information.

[ ] Alternate I

[ ] Alternate II

[ ] 3052.247-71 F.o.B. Origin Only.

[ ] 3052.247-72 F.o.B. Destination Only.

(b) Clauses.

[X] 3052.203-70 Instructions for Contractor Disclosure of Violations.

[ ] 3052.204-71 Contractor Employee Access.

[] Alternate I

[ ] Alternate II

[ ] 3052.204-72 Safeguarding of Controlled Unclassified Information.

[] Alternate I

[X] 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

[X] 3052.205-70 Advertisement, Publicizing Awards, and Releases.

[ ] Alternate I

[ ] 3052.209-72 Organizational Conflicts of Interest.

[ ] 3052.209-73 Limitation on Future Contracting.

[ ] 3052.215-70 Key Personnel or Facilities.

[ ] 3052.216-71 Determination of Award Fee.

[ ] 3052.216-72 Performance Evaluation Plan.

[ ] 3052.216-73 Distribution of Award Fee.

[ ] 3052.219-71 DHS Mentor Protégé Program.

[X ] 3052.228-70 Insurance.

[ ] 3052.236-70 Special Provisions for Work at Operating Airports.

[X] 3052.242-72 Contracting Officer’s Representative.

II.8 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUL 2023), ALTERNATE II (JUL 2023) (DEVIATION 25-12)

(a) Controlled Unclassified Information (CUI) is any information the Government creates or possesses, or an entity creates or possesses for or on behalf of the Government (other than classified information) that a law, regulation, or Governmentwide policy requires or permits an agency to handle using safeguarding or dissemination controls. This definition includes the following CUI categories and subcategories of information:

(1) Chemical-terrorism Vulnerability Information (CVI) as defined in 6 CFR part 27, ‘‘Chemical Facility Anti-Terrorism

Standards,’’ and as further described in supplementary guidance issued by an authorized official of the Department of Homeland Security (including the Revised Procedural Manual ‘‘Safeguarding Information Designated as Chemical-Terrorism Vulnerability Information’’ dated September 2008);

(2) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002

(title XXII, subtitle B of the Homeland Security Act of 2002 as amended through Pub. L. 116-283), PCII’s implementing regulations (6 CFR part 29), the PCII Program Procedures Manual, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security, the PCII Program Manager, or a PCII Program Manager Designee;

(3) Sensitive Security Information (SSI) as defined in 49 CFR part 1520, ‘‘Protection of Sensitive Security Information,’’ as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or designee), including Department of Homeland Security MD 11056.1, ‘‘Sensitive Security Information (SSI)’’ and, within the Transportation Security Administration, TSA MD 2810.1, ‘‘SSI Program’’;

(4) Homeland Security Agreement Information means information the Department of Homeland Security receives pursuant to an agreement with State, local, Tribal, territorial, or private sector partners that is required to be protected by that agreement. The Department receives this information in furtherance of the missions of the Department, including, but not limited to, support of the Fusion Center Initiative and activities for cyber information sharing consistent with the Cybersecurity Information Sharing Act of 2015;

(5) Homeland Security Enforcement Information means unclassified information of a sensitive nature lawfully created, possessed, or transmitted by the Department of Homeland Security in furtherance of its immigration, customs, and other civil and criminal enforcement missions, the unauthorized disclosure of which could adversely impact the mission of the Department;

(6) International Agreement Information means information the Department of Homeland Security receives that is required to be protected by an information sharing agreement or arrangement with a foreign government, an international organization of governments or any element thereof, an international or foreign public or judicial body, or an international or foreign private or non-governmental organization;

(7) Information Systems Vulnerability Information (ISVI) means:

(i) Department of Homeland Security information technology (IT) systems data revealing infrastructure used for servers, desktops, and networks; applications name, version, and release; switching, router, and gateway information; interconnections and access methods; and mission or business use/ need. Examples of ISVI are systems inventories and enterprise architecture models. Information pertaining to national security systems and eligible for classification under Executive Order 13526 will be classified as appropriate; and/or

(ii) Information regarding developing or current technology, the release of which could hinder the objectives of the

Department, compromise a technological advantage or countermeasure, cause a denial of service, or provide an adversary with sufficient information to clone, counterfeit, or circumvent a process or system;

(8) Operations Security Information means Department of Homeland Security information that could be collected, analyzed, and exploited by a foreign adversary to identify intentions, capabilities, operations, and vulnerabilities that threaten operational security for the missions of the Department;

(9) Personnel Security Information means information that could result in physical risk to Department of Homeland

Security personnel or other individuals whom the Department is responsible for protecting;

(10) Physical Security Information means reviews or reports illustrating or disclosing facility infrastructure or security vulnerabilities related to the protection of Federal buildings, grounds, or property. For example, threat assessments, system security plans, contingency plans, risk management plans, business impact analysis studies, and certification and accreditation documentation;

(11) Privacy Information includes both Personally Identifiable Information (PII) and Sensitive Personally Identifiable

Information (SPII). PII refers to information that can be used to distinguish or trace an individual’s identity, either alone, or when combined with other information that is linked or linkable to a specific individual; and SPII is a subset of PII that if lost, compromised, or disclosed without authorization could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. To determine whether information is PII, DHS will perform an assessment of the specific risk that an individual can be identified using the information with other information that is linked or linkable to the individual. In performing this assessment, it is important to recognize that information that is not PII can become PII whenever additional information becomes available, in any medium or from any source, that would make it possible to identify an individual. Certain data elements are particularly sensitive and may alone present an increased risk of harm to the individual.

(i) Examples of stand-alone PII that are particularly sensitive include: Social Security numbers (SSNs), driver’s license or State identification numbers, Alien Registration Numbers (A-numbers), financial account numbers, and biometric identifiers.

(ii) Multiple pieces of information may present an increased risk of harm to the individual when combined, posing an increased risk of harm to the individual. SPII may also consist of any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(A) Truncated SSN (such as last 4 digits);

(B) Date of birth (month, day, and year);

(C) Citizenship or immigration status;

(D) Ethnic or religious affiliation;

(E) Sexual orientation;

(F) Criminal history;

(G) Medical information; and

(H) System authentication information, such as mother’s birth name, account passwords, or personal identification numbers (PINs).

(iii) Other PII that may present an increased risk of harm to the individual depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number. The context includes the purpose for which the PII was collected, maintained, and used. This assessment is critical because the same information in different contexts can reveal additional information about the impacted individual.

(b) Information Resources means information and related resources, such as personnel, equipment, funds, and information technology.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer’s request, the Contractor’s employees shall be fingerprinted or subject to other investigations as required. All Contractor employees requiring recurring access to government facilities or access to CUI or information resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the

Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to CUI. The Contractor shall access and use CUI only for the purpose of furnishing advice or assistance directly to the Government in support of the Government’s activities, and shall not disclose, orally or in writing, CUI for any other purpose to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized to access CUI, the Contractor shall ensure that these persons receive initial and refresher training concerning the protection and disclosure of CUI. Initial training shall be completed within 60 days of contract award and refresher training shall be completed every 2 years thereafter.

(f) The Contractor shall include this clause in all subcontracts at any tier where the subcontractor may have access to government facilities, CUI, or information resources.

(g) Each individual employed under the contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department’s Chief Security Officer or designee.

(h) Contractors shall identify in their Quotes, the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the Contracting Officer.

II.9 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025) (DEVIATION 25-19)

(a) Definitions. As used in this clause–

Commercial and Government Entity code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within

SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information.

Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to–

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

https://www.sam.gov/

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32).

Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting

Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

II.10 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (AUG 2025) (DEVIATION 25-19)

(a) Definition. As used in this clause–

First-tier subcontract means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a contractor's general and administrative expenses or indirect costs.

(b) Requirement. The Contractor shall report, according to paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).

(c) Report elements. The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) Remedies. The Contractor shall submit the information required in paragraph (c) of this clause in the System for Award Management (SAM) at https://www.sam.gov (see SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under the Federal Acquisition Regulation part 42.

(e) Review. Agencies will review Contractor-reported information for reasonableness and consistency with available contract information. If the agency believes that revisions to the Contractor’s reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or put its reason in writing for the agency.

(f) First-tier subcontracts.

(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.303(b), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall tell the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

II.11 52.208-9 CONTRACTOR USE of MANDATORY SOURCES of SUPPLY and SERVICES (AUG 2025) (DEVIATION

25-20)

(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. The Committee operates under the name AbilityOne Commission. Additionally, some of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.

(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind (www.NIB.org), 1310 Braddock Place, Alexandria, VA 22314-1691, (703) 310-

0500; and

(2) NISH/SourceAmerica (www.SourceAmerica.org), 8401 Old Courthouse Road, Vienna, VA 22182, (571) 226-

4660.

II.12 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES

(AUG 2025) (DEVIATION 25-21)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights –

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., http://www.nib.org/ http://www.sourceamerica.org/ use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall –

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment –

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Discount. In connection with any discount quoted for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall –

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the –

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if –

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized

Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS,…