A0001 - 70B03C26R00000030 - A0001 - NII MEMS.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

PAGE OF PAGES

5.PROJECT NUMBER (If applicable)2. AMENDMENT/MODIFICATION NUMBER

7. ADMINISTERED BY (If other than Item 6) CODE

FACILITY CODECODE

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR(Number, street, county, State & Zip Code)

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NUMBER

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

1. CONTRACT ID CODE

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES Such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 (b).

E. IMPORTANT: Contractor

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) copies to issuing office.

4.REQUISITION/PURCHASE REQUISITION NUMBER

A0001

3. EFFECTIVE DATE

03/27/2026 0020154755

DHS - Customs & Border Protection

Border Enforcement Contracting Division 1300 Pennsylvania Ave, NW

Washington DC 20229

DHS - Customs & Border Protection

Border Enforcement Contracting Division

1300 Pennsylvania Ave, NW

Washington DC 20229

70B03C26R00000030

02/27/2026

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 61 is required to sign this document and return is not

PREVIOUS EDITION UNUSABLE STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA 16C. DATE

SIGNED

15B. CONTRACTOR/OFFEROR 15C. DATE

SIGNED

BY

(Signature of Contracting Officer)(Signature of person authorized to sign)

15A NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Connie A. McKay Contracting Officer

X X

X 1

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This solicitation is hereby amended to include the following revisions:

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT - Continuation

1. CONTRACT ID CODE

PAGE OF PAGES2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4.REQUISITION/PURCHASE REQUISITION NUMBER

14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

2 61A0001 002015475503/27/2026

STANDARD FORM 30 (REV. 11/2016)

1. Attachment 3 - Questions and Answers

2. Revisions to the Statement of Work:

a. 2.3 - DHS/CBP Documents. - CBP Sweeper Interface Control Document v1.1.1. Shall now read 'Interface Control Document Between Large-Scale X-Ray (LSX) Equipment and CBP Cloud Version 1.0.0 (LSX ICD).

b. 3.3.1 Performance Requirements for Large Scale Medium Energy Mobile NII Systems, Date Integration.

– Revising the language from …..sweeper Interface Control Document v.1.1.1 to LSX ICD Version 1.0.0. The sentence shall now read, “The MEM shall transmit the UFF file comprised of the image file in its RAW format, the associated file data, images, photos, and video in compliance with LSX ICD Version 1.0.0.”.

c. Data Item Description (DID) A020 –

i. Description/Purpose: Revised to now read, “The Contractor shall provide five (5) year Failure Free total system warranty for each NII System, associated accessories, and conveyance, where applicable as ordered in the Schedule.”

ii. Deliverables: - Removed USSS: One (1) electronic copy to TBD and USCIS: One (1) electronic copy to TBD.

3. The inclusion of RFO 52.225-5, Trade Agreements

4. The inclusion of RFO 52.227-14, Rights in Data-General

5. Section III.14, Proposal Volume Content - Volume I, Factor 1, Revised the reference from ASTM F792-08 to now reflect ANSI N42.46-2008.

6. Section III.14, Evaluation Criteria - "Approach to long-term sustainment, including parts management, corrosion control, and weatherproofing services" has bee moved from evaluation criteria under 1.4 - Data Integration to Sub-factor 1.3 - Lifecycle Support.

7. The proposal due date remains the same.

8. All other terms and conditions remain the same.

70B03C26R00000030

TABLE OF CONTENTS

SECTION I SCHEDULES

I.1 DESCRIPTION:

I.2 MINIMUM GUARANTEE:

I.3 MAXIMUM AMOUNT:

I.4 ORDERING PERIOD:

I.5 OBLIGATION:

I.6 TYPES OF DELIVERY ORDERS:

I.7 CONTRACT PRICING:

I.8 SCHEDULE OF SUPPLIES/SERVICES

I.9 DELIVERY SCHEDULE

SECTION II CONTRACT CLAUSES

II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

II.2 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402) II.3 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) II.4 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2025) (Deviation 25-27)(effective November 28, 2025) II.5 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (NOV 2025) (Deviation 25- 27)(effective November 28, 2025) II.6 52.219-8, Utilization of Small Business Concerns (OCT 2025) (Deviation 26-03)(effective November 28, 2025). . 8 II.7 52.219-28, Post award Small Business Program Representation (OCT 2025)Deviation 26-03)(effective November 28, 2025) II.8 52.222-3, Convict Labor (JUN 2003) (E.O. 11755) II.9 52.222-35, Equal Opportunity for Veterans OCT 2025) (Deviation 26-10)(effective November 3, 2025) II.10 52.222-36, Equal Opportunity for Workers with Disabilities (OCT 2025) (Deviation 26-10)(effective November 3, 2025). 8 II.11 52.222-37, Employment Reports on Veterans (OCT 2025) (Deviation 26-10)(effective November 3, 2025) II.12 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) II.13 52.225-5 Trade Agreements (Nov 2023) II.14 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2025) (Deviation 26- 10)(effective November 3, 2025) II.15 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 8 II.16 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

II.17 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

II.18 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) 8

II.19 52.216-18 ORDERING (AUG 2020)

II.20 52.216-19 ORDER LIMITATIONS (OCT 1995)

II.21 52.216-22 INDEFINITE QUANTITY (OCT 2025)(Deviation 26-04)(effective November 28, 2025) II.22 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989)

II.23 52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

II.24 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

II.25 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS (JUL 2023)(HSAR Deviation 25-09)(effective November 28, 2025) II.26 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JULY 2023)(Deviation 25-12)(effective November 3, 2025), ALTERNATE II

II.27 3052.204-72 SAFEGUARDING OF CONTROLLED UNCLASSIFIED INFORMATION (JULY 2023)(Deviation 25-12)(effective November 3, 2025)

II.28 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACT PERSONNEL (JAN 2011)

II.29 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025)(DEVIATION 25-19) II.30 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES (AUG 2025) (DEVIATION 25-21)(effective November 28, 2025) II.31 52.223-23 SUSTAINABLE PRODUCTS (OCT 2025) (DEVIATION 26-12)(effective November 28, 2025) II.32 52.224-3 PRIVACY TRAINING (JAN 2017), Alternate I (JAN 2017) II.33 52.233-1 DISPUTES (AUG 2025) (DEVIATION 25-25)(effective November 3, 2025) II.34 52.233-3 PROTEST AFTER AWARD (AUG 2025) (DEVIATION 25-25)(effective November 3, 2025) II.35 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (AUG 2025) (DEVIATION 25- 25)(effective November 3, 2025) II.36 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (AUG 2025) (DEVIATION 25-23)(effective November 3, 2025) II.37 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION SEPT 2025)(effective November 28, 2025)

II.38 CONTRACT TYPE (OCT 2008)

II.39 SPECIFICATIONS, STATEMENT OF WORK, STATEMENT OF OBJECTIVES OR PERFORMANCE WORK

STATEMENT ATTACHED (JUN 2013)

II.40 TERM OF CONTRACT (MARCH 2003)

II.41 ORDERING PROCEDURES – SUPPLIES (AUG 2022)

II.42 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

II.43 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)

(AUG 2024)

II.44 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

II.45 CONTRACT SERVICES NOT REQUIRING A BACKGROUND INVESTIGATION (MAY 2022)

II.46 INFORMATION TECHNOLOGY SECURITY AWARENESS TRAINING (JULY 2023)

II.47 CONTRACT EMPLOYEE ACCESS (JUN 2011)

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 2025)(Deviation 25-27)(effective November 28, 2025) III.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (NOV 2025)(Deviation 25-27)(effective November 28, 2025) III.5 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW NOV 2025)(Deviation 25-27)(effective November 28, 2025) III.6 52.216-1 TYPE OF CONTRACT (OCT 2025)(Deviation 26-04)(effective November 28, 2025)

III.7 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

III.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

III.9 52.204-7, SYSTEM FOR AWARD MANAGEMENT (AUG 2025) (DEVIATION 25-19)(effective November 28, 2025) 47

III.10 52.215-1 INSTRUCTIONS to OFFERORS--COMPETITIVE ACQUISITION (OCT 2025) (DEVIATION 26- 08)(effective November 28, 2025) III.11 52.233-2 SERVICE OF PROTEST (AUG 2025) (DEVIATION 25-25)(effective November 3, 2025) III.12 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (AUG 2025) (DEVIATION 25-23)(effective November 3, 2025)

III.13 AGENCY LEVEL PROTEST NOTICE (APR 2003)

III.14 GENERAL EVALUATION INFORMATION (OCT 2008)

SECTION I SCHEDULES

Any applicable updates to the Federal Acquisition Regulation (FAR) made pursuant to the Revolutionary FAR Overhaul (RFO) and subsequently adopted by the Department of Homeland Security via Class Deviation, shall be deemed adopted and included in this contract without adjustment to price. See FAR Overhaul - FAR Part DEVIATION Guidance | Acquisition.GOV. Any clauses contained in this contract that have already been, or are later, updated in the RFO and adopted by DHS shall be considered to be amended to mirror the most up to date FAR RFO language.

In compliance with Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” dated January 21, 2025, the contractor agrees that its compliance in all respects with applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and, by virtue of submitting a quote/offer, the contractor certifies that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.

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

I.1 DESCRIPTION:

This acquisition shall be conducted using the Revolutionary FAR Overhaul (RFO) Part 12 and 15. This solicitation is anticipated to result in a single award of an indefinite delivery / indefinite quantity (IDIQ) contract for the U.S.

Customs and Border Protection (CBP) Non-Intrusive Inspection (NII) Medium Energy Mobile System (MEMS).

I.2 MINIMUM GUARANTEE:

The minimum guarantee of the anticipated contract shall be one (1) system. A delivery order will be awarded concurrently with the award of the IDIQ contract.

I.3 MAXIMUM AMOUNT:

The contractor is not obligated to fulfill requirements (singly or in the aggregate) that exceed $270,000,000.00 under this IDIQ.

I.4 ORDERING PERIOD:

The ordering period of the anticipated contract is 60 months from the date of the award (5 years total).

I.5 OBLIGATION:

The anticipated IDIQ contract does not obligate any funding. The individual DOs placed against the contract shall obligate the funding.

I.6 TYPES OF DELIVERY ORDERS:

Any DOs awarded as a result of the anticipated contract shall be awarded on a Firm Fixed Price (FFP) basis. Orders may be issued by any CBP Contracting Officer via email.

I.7 CONTRACT PRICING:

Prices for the systems shall be FOB Destination. The Contractor shall be required to deliver units to locations specified at the order level. The quoted price shall be a fixed price for the entire ordering period and shall include shipping charges, set-up costs, and factory test representation. Units may be delivered worldwide, but the schedule pricing should include pricing for anywhere in the contiguous United States (i.e., the lower 48 states). Additional shipping charges may be quoted at the order level for any units outside of the continental United States (OCONUS).

I.8 SCHEDULE OF SUPPLIES/SERVICES

Medium Energy Mobile System

ITEM # DESCRIPTION QTY UNIT UNIT PRICE

10 Medium Energy Mobile System * 1.000 EA

*The proposed system price shall include a minimum warranty of five (5) years.

Quantity Discount

Quantity Range Item Price (per system) 2 – 5 6 - 10 11 +

The quantity discounts listed above apply to each order separately, not the sum of all systems over the course of the

IDIQ.

Other Direct Cost

20 Training Development 1 EA 30 Operator Training 1 EA 40 Shipping (OCONUS) 1 EA 50 Weatherproofing 1 EA 60 Cold Weather Package 1 EA

70 On-Demand Services 1 EA TBD

I.9 DELIVERY SCHEDULE

DELIVER TO: ITEM # QTY DELIVERY DATE

TBD BY TASK ORDER – CONUS/OCONUS

SECTION II CONTRACT CLAUSES

*Please note that all DHS FAR DEVIATIONS for the Revolutionary FAR Overhaul (RFO) are in effect. See FAR Overhaul

- FAR Part DEVIATION Guidance | Acquisition.GOV. CBP reserves the right to unilaterally modify this solicitation to incorporate additional DEVIATIONS arising from the RFO. As such, quoters should become familiar with those DEVIATIONS prior to entering into this contract. Acceptance of this contract is acceptance of unliteral modifications by the Government to incorporate any RFO deviation.

II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov .

(End of clause)

II.2 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

II.3 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023)

II.4 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2025) (Deviation 25-27)(effective November 28, 2025).

II.5 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (NOV 2025) (Deviation

25-27)(effective November 28, 2025).

II.6 52.219-8, Utilization of Small Business Concerns (OCT 2025) (Deviation 26-03)(effective November 28, 2025).

II.7 52.219-28, Post award Small Business Program Representation (OCT 2025)Deviation 26-03)(effective

November 28, 2025).

II.8 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

II.9 52.222-35, Equal Opportunity for Veterans OCT 2025) (Deviation 26-10)(effective November 3, 2025).

II.10 52.222-36, Equal Opportunity for Workers with Disabilities (OCT 2025) (Deviation 26-10)(effective November

3, 2025).

II.11 52.222-37, Employment Reports on Veterans (OCT 2025) (Deviation 26-10)(effective November 3, 2025).

II.12 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

II.13 52.225-5 Trade Agreements (Nov 2023)

II.14 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2025) (Deviation 26-

10)(effective November 3, 2025).

II.15 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

II.16 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC

2010)

II.17 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

II.18 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

II.19 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the contract award date through the end of the ordering period.

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

(c) A delivery order or task order is considered ‘‘issued’’ when –

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

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

(3) If sent electronically, the Government either --

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

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

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

II.20 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) system, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $270,000,000.00;

(2) Any order for a combination of items in excess of $270,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

II.21 52.216-22 INDEFINITE QUANTITY (OCT 2025)(Deviation 26-04)(effective November 28, 2025)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the ordering period expiration, plus 12 months.

II.22 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within ten days from the final delivery on the order. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

II.23 52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

(a) Definitions. As used in this clause--

Computer database or database means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

Computer software-- (1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation. Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

Data means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.

Limited rights means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.

Limited rights data means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

Restricted computer software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.

Restricted rights, as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

Technical data, means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 116).

Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in--

(i) Data first produced in the performance of this contract;

(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to--

(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the

Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.

(c) Copyright-- (1) Data first produced in the performance of this contract. (i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract.

(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17

U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number).

(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government.

(2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor--

(i) Identifies the data; and

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.

(3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.

(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except--

(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations);

(2) As expressly set forth in this contract; or

(3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer.

(e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g)

(4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings.

(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings;

(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.

(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.

(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder.

(3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.

(f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data.

(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense.

The Contracting Officer may agree to do so if the Contractor--

(i) Identifies the data to which the omitted notice is to be applied;

(ii) Demonstrates that the omission of the notice was inadvertent;

(iii) Establishes that the proposed notice is authorized; and

(iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice.

(3) If data has been marked with an incorrect notice, the Contracting Officer may--

(i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or

(ii) Correct any incorrect notices.

(g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and

(iii) of this clause. As a condition to this withholding, the Contractor shall--

(i) Identify the data being withheld; and

(ii) Furnish form, fit, and function data instead.

(2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software.

(3) [Reserved]

(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer.

(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.

II.24 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.25 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (JUL 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.

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

(b) Clauses.

[X] 3052.240-71 Contractor Employee Access.

[X] Alternate II

[X] 3052.240-72 Safeguarding of Controlled Unclassified Information.

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

[X ] 3052.215-70 Key Personnel or Facilities.

[X ] 3052.228-70 Insurance.

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

II.26 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JULY 2023)(Deviation 25-12)(effective November 3, 2025), ALTERNATE II

(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 proposals, 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.27 3052.204-72 SAFEGUARDING OF CONTROLLED UNCLASSIFIED INFORMATION (JULY 2023)(Deviation 25-

12)(effective November 3, 2025)

(a) Definitions. As used in this clause--

Adequate Security means security protections commensurate with the risk resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of information. This includes ensuring that information hosted on behalf of an agency and information systems and applications used by the agency operate effectively and provide appropriate confidentiality, integrity, and availability protections through the application of cost-effective security controls.

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…