70CDCR22QFDN00035.pdf

NOTICE TYPE: Combined Synopsis/Solicitation TITLE: Courier Services – Denver

SOLICITATION NUMBER: 70CDCR22QFDN00035

QUESTION DUE DATE: 16 AUG 22 @ 2PM EDT

QUOTE DUE DATE: 18 AUG 22 @ 2PM EDT

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) is issuing a request for quotation (RFQ) for courier services in the Denver area in accordance with the attached Statement of Work (SOW). The associated North American Industrial Classification System (NAICS) code for this procurement is 492110 – Couriers and Express Delivery Services.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06.

This procurement is a total Small Business set-aside.

NON-PERSONAL SERVICES: Vendor is to provide all materials, equipment, transportation, labor, supervision, licenses, fees, and training to perform courier services for the Denver, CO area. All vendor costs and fees, inclusive of fuel costs, must be included when calculating the monthly unit prices below.

Line Item Services Quantity Unit Unit Price Extended

Amount

BASE PERIOD: Courier Services for Denver area in accordance with the SOW.

12 MO

Total Base Period

OPTION YEAR 1 (OY1):

Courier Services for Denver area in accordance with the SOW.

12 MO

Total OY1

2001 OY 2: Courier Services for Denver area in accordance with the SOW. 12 MO

Total OY2

3001 OY3: Courier Services for Denver

Total OY3

4001 OY4: Courier Services for Denver

Total OY4

Total All Periods

Instructions

As included below, FAR 52.212-1 applies to this acquisition. The following information is included as an addendum. Failure to comply with 52.212-1 and its addendum may result in the quote being considered non-compliant and not considered for award.

General:

• Reference solicitation number 70CDCR22QFDN00035 on all correspondences pertaining to this RFQ.

• Include the unique entity identifier (UEI) on the quote.

• Provide the technical and price response as two separate files. Provision responses may be included within the technical response or as a separate, third document.

• Quotes must be received in their entirety prior to the date and time indicated in the

SAM.gov posting. Late quotes may not be considered for award.

• The first page of each document should indicate the solicitation number and title.

• Individual file sizes shall not exceed three (3) MB and all Microsoft Excel cell formulas shall be viewable. Please do not use passwords to protect the submitted media. Please ensure that all electronic media submitted has been scanned for viruses prior to submittal.

The technical response is limited to five pages (not including proof of insurance and provision responses). At a minimum, quotation packages shall include the following elements:

• A comprehensive technical write-up which demonstrates the quoter’s ability to meet all requirements outlined in the Statement of Work.

• Proof of insurance.

• Responses to any provisions requiring offeror input/certification. Provisions requiring response have been highlighted in green.

The price response shall consist of the completed CLIN structure as shown above.

Quoters shall include a completed copy of the provision 52.212-3, Offeror Representations and Certifications – Commercial Items, with its quote.

Evaluation Criteria

The Government intends to award a firm-fixed price (FFP) purchase order resulting from this solicitation to the responsible quoter whose submission is determined to be the lowest priced technically acceptable (LPTA) quote. The following factors shall be used to evaluate quotes:

Factor 1 – Technical Capability

• The Government will evaluate the quoter’s technical write-up to determine if it clearly demonstrates the capability to meet all requirements outlined in the SOW.

Factor 2 - Price

• The Government will evaluate quotes by adding the total price for all options to the total price for the basic requirement and will use available techniques in determining the awardee’s price to be fair and reasonable.

The Government will first identify the lowest priced responsible quote and evaluate it for technical acceptability in accordance with the technical requirements listed herein. If the lowest priced quote is determined to be technically acceptable, an award will be made to that quoter. If the quote is determined to be technically unacceptable, the next lowest priced quote will be evaluated for technical acceptability until the lowest priced technically acceptable quote is identified.

Contracting Organization POCs

Tracey Harriot Email: tracey.harriot@ice.dhs.gov Contracting Officer

Marlon Grant Email: marlon.grant@ice.dhs.gov Contract Specialist

Questions

Questions pertaining to this requirement shall be submitted by email to the contracting organization POCs list above. Questions shall be received by the Government no later than the date indicated on page 1.

Questions shall be provided in the following format:

Document Page Section Title Paragraph Question mailto:tracey.harriot@ice.dhs.gov mailto:marlon.grant@ice.dhs.gov

Clauses

FAR Clauses incorporated in full text:

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 this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hsar

(end of clause)

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 Homeland Security Acquisition Regulation (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(2) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021)

(DEVIATION)

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) (DEVIATION)

(4) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.233-3 Protest After Award (AUG 1996)

(6) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/hsar

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

Alternate I (NOV 2021)

(2) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021)

(3) 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010)

(4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

(5) [Reserved]

(6) 52.204-14 Service Contract Reporting Requirements (OCT 2016)

(7) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016)

(8) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021)

(9) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

(10) [Reserved]

(11) 52.219-3 Notice of HubZone Set-Aside of Sole Source Award (SEP 2021)

(12) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (SEP 2021)

(13) [Reserved]

(14) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

Alternate I (MAR 2020)

(15) 52.219-7 Notice of Partial Small Business Set-Aside (NOV 2020)

(16) 52.219-8 Utilization of Small Business Concerns (OCT 2018)

(17) 52.219-9 Small Business Subcontracting Plan (NOV 2021)

Alternate I (NOV 2016)

Alternate II (NOV 2016)

Alternate III (JUN 2020)

Alternate IV (SEP 2021)

(18) 52.219-13 Notice of Set-Aside of Orders (MAR 2020)

(19) 52.219-14 Limitations on Subcontracting (SEP 2021)

(20) 52.219-16 Liquidated Damages – Subcontracting Plan (SEP 2021)

(21) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(SEP 2021)

(22) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2021)

(23) 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (SEP 2021)

(24) 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021)

(25) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020)

(26) 52.219-33 Nonmanufacturer Rule (SEP 2021)

(27) 52.222-3 Convict Labor (JUN 2003)

(28) 52.222-19 Child Labor – Cooperation with Authorities and Remedies (JAN 2022)

(29) 52.222-21 Prohibition of Segregated Facilities (APR 2015)

(30) 52.222-26 Equal Opportunity (SEP 2016)

Alternate I (FEB 1999)

(31) 52.222-35 Equal Opportunity for Veterans (JUN 2020)

Alternate I (JUL 2014)

(32) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

Alternate I (JUL 2014)

(33) 52.222-37 Employment Reports on Veterans (JUN 2020)

(34) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

(35) 52.222-50 Combating Trafficking in Persons (NOV 2021)

Alternate I (MAR 2015)

(36) 52.222-54 Employment Eligibility Verification (NOV 2021)

(37) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Products (MAY 2008)

Alternate I (MAY 2008)

(38) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016)

(39) 52.223-12 Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)

(40) 52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment (JUNE 2014)

Alternate I (OCT 2015)

(41) 52.223-14 Acquisition of EPEAT®-Registered Televisions (JUNE 2014)

Alternate I (JUN 2014)

(42) 52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020)

(43) 52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015)

Alternate I (JUN 2014)

(44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020)

(45) 52.223-20 Aerosols (JUN 2016)

(46) 52.223-21 Foams (JUN 2016)

(47) 52.224-3 Privacy Training (JAN 2017)

Alternate 1 (JAN 2017)

(48) 52.225-1 Buy American – Supplies (NOV 2021)

(49) 52.225-3 Buy American – Free Trade Agreements – Israeli Trade Act (NOV 2021)

Alternate I (JAN 2021)

Alternate II (JAN 2021)

Alternate III (JAN 2021)

(50) 52.225-5 Trade Agreements (OCT 2019)

(51) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

(52) 52.225-26 Contractors Performing Private Security Functions Outside the United States (OCT 2016)

(53) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007)

(54) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007)

(55) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021)

(56) 52.232-29 Terms for Financing of Purchases of Commercial Items (NOV 2021)

(57) 52.232-30 Installment Payments for Commercial Items (NOV 2021)

(58) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018)

(59) 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award

Management (JUL 2013)

(60) 52.232-36 Payment by Third Party (MAY 2014)

(61) 52.239-1 Privacy or Security Safeguards (AUG 1996)

(62) 52.242-5 Payments to Small Business Subcontractors (JAN 2017)

(63) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

Alternate I (APR 2003)

Alternate II (NOV 2021)

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

(1) 52.222-41 Service Contract Labor Standards (AUG 2018)

(2) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

(3) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

(4) 52.222-44 Fair Labor Standards Act and Service Contract Act—Price Adjustment

(MAY 2014)

(5) 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements

(MAY 2014)

(6) 52.222-53 Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (MAY 2014)

(7) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

(NOV 2022)

(8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

(9) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020)

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144470

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-

232.) (DEVIATION)

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of the subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_7.html#wp1082800 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1159972 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)

_X_(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C.

chapter 78 and E.O 13627).

__(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O

13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

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

(xix)

(A) 52.224-3, Privacy Training (JAN 2017) (5U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

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(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR Clauses incorporated by reference:

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.204-13 System for Award Management – Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (

52.204-19 Incorporation by Reference Of Representations And Certifications (DEC

2014)

52.204-20 Predecessor of Offeror

52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2021)

52.217-9 Option to Extend the Term of the Contract (MAR 2000) Fill ins: 7 days of expiration; 30; 60 months

52.232-1 Payments (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV

52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984) https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192524 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1445+65++%2810%20U.S.C.%202302%20Note%29%20%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217

FAR Deviations:

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (DEVIATION 20-05)

(a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing via email, to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information contained in the body of the email. In the case of the Department of Defense, the mailto:NDAA_Incidents@hq.dhs.gov

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 2020-05, Revision 2)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

https://dibnet.dod.mil/

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification:

the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

mailto:NDAA_Incidents@hq.dhs.gov

52.219-14 Limitations on Subcontracting (DEVIATION 22-02)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to –

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, oOrders set aside for service-disabled veteran-owned small business concerns under multiple award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F);

and

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –

__ By the end of the base term of the contract and then by the end of each subsequent option period; or

__ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

HSAR clauses incorporated in full text:

3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEP 2012)

The contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to the 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:

(b) Clauses.

3052.204-71 Contractor Employee Access; Alternate II 3052.205-70 Advertisement, Publicizing Awards, and Releases

HSAR Deviations:

See Attachment 1

Provisions

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204-17 Ownership or Control of Offeror (AUG 2020)

52.204-20 Predecessor of Offeror (AUG 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services Or Equipment (NOV 2021)

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT

2020)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-

Representation (NOV 2015)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law (Feb 2016)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

(NOV 2021)

52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services (MAY 2022)

52.217-5 Evaluation of Options (JUL 1990)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications (JUN 2020)

Additional Purchase Order Terms and Conditions

SECURITY REQUIREMENTS

GENERAL

The United States Immigration and Customs Enforcement (ICE) has determined that performance of the tasks as described requires that the Contractor, subcontractor(s), vendor(s), etc. (herein known as Contractor) have access to sensitive DHS information, and that the Contractor will adhere to the following.

PRELIMINARY FITNESS DETERMINATION

ICE will exercise full control over granting, denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Contractor applicants/employees, based upon the results of a Fitness screening process. ICE may, as it deems appropriate, authorize and make a favorable expedited preliminary Fitness determination based on preliminary security checks. The preliminary Fitness determination will allow the Contractor employee to commence work temporarily prior to the completion of a Full Field Background Investigation. The granting of a favorable preliminary Fitness shall not be considered as assurance that a favorable final Fitness determination will follow as a result thereof. The granting of preliminary Fitness or final Fitness shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by ICE, at any time during the term of the contract. No employee of the Contractor shall be allowed to enter on duty and/or access sensitive information or systems without a favorable Fitness determination by the Office of Professional Responsibility (OPR), Personnel Security Operations (PSO). No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable Fitness determination by OPR PSO. Contract employees are processed under DHS Instruction 121-01- 007-001 (Personnel Security, Suitability and Fitness Program), or successor thereto; those having direct contact with Detainees will also have 6 CFR § 115.117 considerations made as part of the Fitness screening process. Sexual Abuse and Assault Prevention Standards implemented pursuant to Public Law 108-79 (Prison Rape Elimination Act (PREA) of 2003)).

BACKGROUND INVESTIGATIONS

Contractor employees (to include applicants, temporary, part-time and replacement employees) under the contract, needing access to sensitive information and/or ICE Detainees, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. Background investigations will be processed through OPR PSO. Contractor applicant/employees nominated by a Contracting Officer Representative for consideration to support this contract shall submit the following security vetting documentation to OPR PSO, through the Contracting Officer Representative (COR), within 10 days of notification by OPR PSO of nomination by the COR and initiation of an Electronic Questionnaire for Investigation Processing (e-QIP) in the Office of Personnel Management (OPM) automated on-line system.

1. Standard Form 85P (Standard Form 85PS (with supplement to 85P required for those with direct contact with detainees or armed positions)), “Questionnaire for Public Trust Positions” form completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

2. Signature Release Forms (Three total) generated by OPM e-QIP upon completion of Questionnaire (e-signature recommended/acceptable). Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

3. Electronic fingerprints taken at an approved facility OR two (2) SF 87 Fingerprint Cards (current revision) sent to OPR PSO. Additional information regarding fingerprints will be sent to the Contractor applicant/employee from OPR PSO.

4. Optional Form 306 Declaration for Federal Employment. This document is sent as an attachment in an e-mail to the Contractor applicant/employee from OPR PSO.

Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

5. If occupying PREA designated position: Questionnaire regarding conduct defined under 6 CFR § 115.117 (Sexual Abuse and Assault Prevention Standards). This document is sent as an attachment in an e-mail to the Contractor applicant/employee from OPR PSO. Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

6. One additional document may be applicable if the Contractor applicant/employee was born abroad. If applicable, the document will be sent as an attachment in an e-mail to the Contractor applicant/employee from OPR PSO. Completed online and archived by the Contractor applicant/employee in their OPM e-QIP account.

Contractor employees who have an adequate, current investigation by another Federal Agency may not be required to submit complete security packages; the investigation may be accepted under reciprocity. The questionnaire related to 6 CFR § 115.117 listed above in item 5 will be required for positions designated under PREA.

An adequate and current investigation is one where the investigation is not more than five years old, meets the contract risk level requirement, and applicant has not had a break in service of more than two years. (Executive Order 13488 amended under Executive Order 13764/DHS Instruction 121-01-007-01)

Required information for submission of security packet will be provided by OPR PSO at the time of award of the contract. Only complete packages will be accepted by OPR PSO as notified by the COR.

To ensure adequate background investigative coverage, Contractor applicants/employees must currently reside in the United States or its Territories. Additionally, Contractor applicants/employees are required to have resided within the United States or its Territories for three or more years out of the last five (ICE retains the right to deem a Contractor applicant/employee ineligible due to insufficient background coverage). This timeline is assessed based on the signature date of the standard form questionnaire submitted for the applied position.

Contractor employees falling under the following situations may be exempt from the residency requirement: 1) work or worked for the U.S. Government in foreign countries in federal civilian or military capacities; 2) were or are dependents accompanying a federal civilian or a military employee serving in foreign countries so long as they were or are authorized by the U.S.

Government to accompany their federal civilian or military sponsor in the foreign location; 3) worked as a Contractor employee, volunteer, consultant or intern on behalf of the federal government overseas, where…