DHS AIR FY26 RFP_Final.pdf

RFP No. 70RDA326R00000003

U.S. Department of Homeland Security (DHS)

Office of the Chief Readiness Support Officer (OCRSO)

DHS Air, Boeing 737-700s Congressional Delegation (CODEL) Aircraft Configuration Upfit and Operations & Maintenance (O&M) Service Support

Request for Proposal

RFP No. 70RDA326R00000003

August 26, 2026

DHS Office of Procurement Operations

SECTION 1: THE STANDARD FORM (SF) 1449 & SCHEDULE

General Description

This solicitation is for a Firm Fixed Unit Price/Firm Fixed Price contract issued in accordance with Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) Parts 12, Acquisition of Commercial Products and Commercial Services (FAR Class Deviation 25-21, Rev. 2) and 16, Types of Contracts (FAR Class Deviation 26-04, Rev. 1)1 to support the Department of Homeland Security (DHS) Office of the Chief Readiness Support Officer (OCRSO). The intent of this contract is to acquire specialized aircraft modification and maintenance services to perform a complete interior upfit and configuration upgrade for four (4) BOEING 737-700 series aircraft for Congressional Delegations (CODEL) and Senior Federal Travel.

Contract Pricing

The Contractor shall perform Boeing 737-700 Upfit and Operations & Maintenance (O&M) Support in accordance with the Performance Work Statement (PWS).

Note to Offeror: Fill in all blank Unit Prices and Total Amounts. The Not-To-Exceed (NTE) Ceilings established for Scheduled O&M, Unscheduled Maintenance, and Over & Above repairs are Government-established maximums and shall not be altered.

1 FAR Class Deviation 25-21, Rev, 2 for FAR Part 12 and FAR Class Deviation 26-04 for FAR Part 16 were issued as part of the Revolutionary FAR Overhaul (RFO), which was implemented in response to Executive Order 14275, Restoring Common

Sense to Federal Procurement, signed April 15, 2025. Any subsequent citations to the FAR in this document will be cited as

“RFO FAR.” RFO FAR Parts updated as part of the Revolutionary FAR Overhaul will include the date of revision and the date of the agency’s deviation in their citation.

BASE PERIOD (Sept 11, 2026 – Sept 10, 2027)

CLIN 0001: Aircraft Upfit and Missionization

Extended Description: Complete interior upfit, engineering, and certification per PWS Sections 2.2, 2.3, and 2.4. Aircraft #1 is completed in two distinct phases (Partial and Remaining). Delivery dates are per the approved Master Schedule.

Item Qty Unit Delivery Unit Price

0001AA: Aircraft #1 Partial Upfit 1 EA Per Schedule $_____________

0001AB: Aircraft #2 Full Upfit 1 EA Per Schedule $_____________

0001AC: Aircraft #3 Full Upfit 1 EA Per Schedule $_____________

0001AD: Aircraft #4 Full Upfit 1 EA Per Schedule $_____________

0001AE: Aircraft #1 Remaining Upfit 1 EA Per Schedule $_____________

CLIN 0002: Operation and Maintenance (O&M)

Extended Description: Fleet-wide scheduled maintenance, readiness, and flight operations support.

Billed by tail number in accordance with the rates established in Exhibit A (CLIN 0002 Scheduled O&M Catalog).

This CLIN represents a Not-To-Exceed (NTE) ceiling. Funds shall only be released and authorized for use in accordance with the hybrid billing protocols (Monthly Readiness, Usage-Based, and Event-Based) established in Exhibit A and PWS Section 2.5.1.2. The Government guarantees no minimum expenditure under this CLIN and is not obligated to expend the full ceiling amount. Any unexpended funds will be deobligated at the end of the period of performance.

Period of Performance Qty Unit NTE Ceiling

12/11/2026 – 09/10/2027 1 LOT $9,273,633.00

CLIN 0003: Unscheduled Line Maintenance and Squawk Resolution

Extended Description: Unplanned repairs, troubleshooting, and component swaps billed in accordance with the Fixed Price Maintenance Catalog & Complexity Tiers (CLIN 0003 Exhibit B) and the discrepancy log procedures outlined in PWS Section 2.5.4. See CLIN 0003 Exhibit B for “Note on Exceedances & Parts Thresholds”.

This CLIN represents a Not-To-Exceed (NTE) ceiling with a minimum guarantee of $2,500.00. Funds shall only be released and authorized for use via a Government-approved discrepancy log or “squawk sheet” as unscheduled maintenance requirements arise. The Government is not obligated to expend the full ceiling amount. Any unexpended funds will be deobligated at the end of the period of performance.

09/11/2026 – 09/10/2027 1 LOT $345,000.00

CLIN 0004: Over & Above (O&A) Heavy Repairs

Extended Description: Complex, unlisted structural/systems failures, and Major Engine Overhauls / Hot Section Inspections (HSI) executed solely via bilaterally negotiated Firm-Fixed-Price Work Directives in accordance with PWS Section 2.5.4.

This CLIN also captures authorized Off-Station Aircraft on Ground (AOG) Travel expenses priced in accordance with the Federal Travel Regulation (FTR). This CLIN represents a Not-To-Exceed (NTE) ceiling.

Funds shall only be released and authorized for use upon the Government’s acceptance of an FFP quote and the execution of a formal Work Directive signed by the Contracting Officer or designated COR. The Government guarantees no minimum expenditure under this CLIN and is not obligated to expend the full ceiling amount. Any unexpended funds will be deobligated at the end of the period of performance

09/11/2026 – 09/10/2027 1 LOT $1,822,500.00

OPTION YEAR 1 (Sept 11, 2027 – Sept 10, 2028)

CLIN 1002: Operation and Maintenance (O&M)

Period of Performance Qty Unit NTE Ceiling

09/11/2027 – 09/10/2028 1 LOT $11,010,432.00

CLIN 1003: Unscheduled Line Maintenance and Squawk Resolution

Period of Performance Qty Unit NTE Ceiling

09/11/2027 – 09/10/2028 1 LOT $483,000.00

CLIN 1004: Over & Above (O&A) Heavy Repairs

09/11/2027 – 09/10/2028 1 LOT $2,551,500.00

OPTION YEAR 2 (Sept 11, 2028 – Sept 10, 2029)

CLIN 2002: Operation and Maintenance (O&M)

09/11/2028 – 09/10/2029 1 LOT $12,661,997.00

CLIN 2003: Unscheduled Line Maintenance and Squawk Resolution

09/11/2028 – 09/10/2029 1 LOT $555,450.00

CLIN 2004: Over & Above (O&A) Heavy Repairs

09/11/2028 – 09/10/2029 1 LOT $2,934,225.00

OPTION YEAR 3 (Sept 11, 2029 – Sept 10, 2030)

CLIN 3002: Operation and Maintenance (O&M)

09/11/2029 – 09/10/2030 1 LOT $14,561,296.00

CLIN 3003: Unscheduled Line Maintenance and Squawk Resolution

09/11/2029 – 09/10/2030 1 LOT $638,768.00

CLIN 3004: Over & Above (O&A) Heavy Repairs

09/11/2029 – 09/10/2030 1 LOT $3,374,359.00

OPTION YEAR 4 (Sept 11, 2030 – Sept 10, 2031)

CLIN 4002: Operation and Maintenance (O&M)

09/11/2030 – 09/10/2031 1 LOT $16,745,491.00

CLIN 4003: Unscheduled Line Maintenance and Squawk Resolution

09/11/2030 – 09/10/2031 1 LOT $734,583.00

CLIN 4004: Over & Above (O&A) Heavy Repairs

09/11/2030 – 09/10/2031 1 LOT $3,880,513.00

Description/Specifications/Performance Work Statement

See Attachment 1— Performance Work Statement (PWS)

SECTION 2: CONTRACT CLAUSES

D. Packaging and Marking

D.1 Packing, Packaging, Marking and Storage of Equipment

Unless otherwise specified, all items to be delivered under this contract shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination at the most economical rate(s). The Contractor shall use (where possible) packing materials which have the least impact on the environment when manufactured or discarded, including, brown cardboard in lieu of cardboard which has been bleached white and/or dyed, and materials which both decompose and are recyclable in lieu of recycle-only products such as plastic or Styrofoam.

All initial packing, marking and storage incidental to shipping of equipment to be provided under this contract shall be at the Contractor’s expense. The Contractor shall supervise the packing of all acquired equipment furnished by the Contractor and shall supervise the unpacking of equipment to be installed.

The Contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or losses are due to the fault of the Government.

D.2 Markings

As applicable, all deliverables submitted to the contract’s Contracting Officer (CO) and the contract’s Contracting Officer’s Representative (COR) shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

• Contract number;

• Name and address of the consignor;

• Name and address of the consignee;

• Government bill of lading number covering the shipment (if any); and

• Description of the item/material shipped, including item number, quantity, number of containers, and package number (if any).

The Contractor shall comply with the security requirements for packaging, marking, mailing, and shipping classified materials as prescribed by current Department of Homeland Security (DHS) directives.

E. Inspection and Acceptance

E.1 Clauses Incorporated by Reference (RFO FAR 52.252-2) (FEB 1998)

This solicitation 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 FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV.

RFO

FAR Clause

Title Date

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

(APR 2026)

(DEVIATION 25-21 Rev 2)

E.2 Inspection

(a) Inspection of all items under this contract shall be accomplished by the cognizant DHS Contracting

Officer’s Representative (COR), or any other duly authorized Government representative in accordance with the applicable FAR clauses of this contract.

(b) All deliverables will be inspected for content, completeness, and accuracy and conformance to contract requirements.

(c) The Government requires a period not to exceed thirty (30) calendar days after receipt of services and final deliverable items for inspection and acceptance or rejection unless otherwise specified in the contract. The Government shall provide written notification of acceptance or rejection of all final deliverables within 30 calendar days of receipt of services or deliverables. Absent written notification within 30 calendar days of receipt, final deliverables shall be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

E.3 Acceptance

(a) Acceptance of all work and effort shall be accomplished in writing by the Contracting Officer or their duly designated representative.

(b) The basis for acceptance shall be in compliance with the requirements set forth in the terms and conditions of this contract, and other terms and conditions specified. Services and/or deliverable items rejected shall be corrected in accordance with the applicable clauses.

(c) Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the government have been corrected.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide http://www.acquisition.gov/far

(d) Non-conforming products or services will be rejected or revised as directed by the CO or COR as specified in the PWS. Unless otherwise agreed by the parties, deficiencies will be corrected within thirty (30) business days of the rejection notice. If the deficiencies cannot be corrected within the specified period, the Contractor will immediately notify the Contracting Officer of the reason for the delay and provide a proposed corrective action plan within ten (10) business days.

F. Deliveries or Performance

F.1 Clauses Incorporated by Reference (RFO FAR 52.252-2) (FEB 1998)

This solicitation 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 FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV. https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

RFO

FAR Clause

Title Date

52.242-15 Stop-Work Order (AUG 1989)

F.2 Hours of Operation

Contractor employees shall generally perform all work between the hours of 8:00 A.M. and 5:00 P.M., Local Time, Monday through Friday. However, there may be occasions when Contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under the Performance Work Statement.

Services will generally not be required on the following Federal holidays (or any other holidays declared by the Government); however, the Contractor may be required to provide services on these days in support of mission critical situations.

• New Year's Day – January 1st

• Martin Luther King's Birthday – Third Monday in January

• Inauguration Day – January 20 (or 21st if the 20th is a Sunday)

• Washington’s Birthday – Third Monday in February

• Memorial Day – Last Monday in May

• Juneteenth – June 19th

• Independence Day – July 4th

• Labor Day – First Monday in September

• Columbus Day – Second Monday in October

• Veterans Day – November

• Thanksgiving Day – 4th Thursday in November

• Christmas Day – December 25th

F.3 Deliverables

(a) Contract deliverables shall be in accordance with “Performance Work Statement”.

(b) For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/far-overhaul/far-part-deviation-guide local time at destination, Monday through Friday.

(c) All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus or defect.

G – Contract Administration Data

G.1 Accounting and Appropriation Data

Accounting and appropriation data for obligations under the contract will be set forth on the resultant Contract Award.

G.2 Primary Government Roles and Responsibilities

The following subsections describe the roles and responsibilities of individuals and/or authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

G.3 DHS Air Contracting Officer (CO):

The CO is the sole and exclusive Government official with actual authority to administer and modify the terms and conditions of the contract, monitor the Contractor's performance in the areas of contract compliance and contract administration, and assist the Contractor on matters related to the contract’s terms and conditions. The Contracting Officer shall authorize any such revision in writing. In addition, the CO makes all final decisions pertaining to within scope determination requests.

The CO may delegate routine administrative functions to an appointed Federal employee.

The Contracting Officer is:

Jonathan Igwebueze Department of Homeland Security Jonathan.Igwebueze@hq.dhs.gov

The Contract Specialist is:

S. Andrew Whittaker Department of Homeland Security Stephen.Whittaker@hq.dhs.gov

DHS Air Contracting Officer’s Representative (COR):

The Contracting Officer will designate in writing a Contracting Officer’s Representative (COR) to assist in monitoring the work performed under this contract. The COR is responsible for the technical administration of the contract and technical liaison with the Contractor. The COR is not authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the rates, delivery schedule, period of performance, or other terms or conditions. The Contractor will receive a copy of the COR mailto:Stephen.Whittaker@hq.dhs.gov

Appointment Letter outlining the roles and responsibilities of the COR. A COR has no actual, apparent, or implied authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract, nor in any way direct the Contractor or its subcontractors to operate in conflict with the contract’s terms and conditions.

The DHS Air COR is responsible for the receipt and acceptance of the reports and past performance reporting for the contract. The COR supports the DHS Air contract CO in the general management of the program. The DHS Air COR will be:

Name: TBD AT TIME OF AWARD Email: TBD AT TIME OF AWARD Tel No: TBD AT TIME OF AWARD

The COR for this contract will be identified by the CO through a written designation. A copy of the letter of designation with specific duties and responsibilities will be provided to the Contractor.

G.4 Invoice Preparation and Submission

Please see RFO FAR 52.212-4(g) (APRIL 2026)(DEVIATION 25-21 Rev 2).

The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to include at a minimum, the following information:

(a) Name and address of the Contractor;

(b) Invoice date and number;

(c) Contract number, Contract Line-Item Number (CLIN);

(d) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(e) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(f) Terms of any discount for prompt payment offered;

(g) Name and address of official to whom payment is to be sent;

(h) Name, title, and phone number of the person to notify in event of defective invoice; and

(i) Electronic funds transfer (EFT) banking information.

All invoices shall be submitted to the “Designated Billing Office” and/or “Designated Payment Office” address specified in the Contract Award. Invoices will be handled in accordance with the Prompt Payment Act and a payment will be made for items accepted by the Government that have been delivered to the delivery destination.

The Contractor shall submit one invoice by the 5th business day of each month.

Contract Line-Item Number (CLIN) for each billed item:

a) Firm Fixed Price (FFP) CLINs (0001 and 0004) – The Contractor shall bill in equal installments

(Unit Price) as identified by the associated CLIN Schedule.

b) Firm Fixed Unit Price CLINs (0002 and 0003) – The Contractor shall bill approved amounts in accordance with the pricing and instructions as identified by the associated CLIN Schedule Exhibits A and B.

The Contractor shall submit invoices electronically to the address below: E-mail:

InvoiceMGT.Consolidation@ice.dhs.gov Simultaneously provide an electronic copy of the invoice to the following individuals at the addresses below:

a) ATTN: Office of Procurement Operations/ S. Andrew Whittaker (Contract Specialists) E-mail:

Stephen.Whittaker@hq.dhs.gov

b) ATTN: Office of Procurement Operations/ Jonathan Igwebueze (Contracting Officer) E-mail:

Jonathan.Igwebueze@hq.dhs.gov

c) ATTN: Office of the Chief Readiness Support Officer (OCRSO), /TBD (COR) E-mail: TBD

The contractor shall submit invoices to the email address above. Additionally, the contractor shall prepare and submit a sufficient and procurement regulatory compliant invoice and receiving report for technical certification of inspection/acceptance of services and approval for payment. The contractor shall attach back up information to the invoices and receiving reports substantiating all costs for services performed.

The receiving agency’s written or electronic acceptance by the COR and date of acceptance shall be included as part of the backup documentation. If the invoice is submitted without all required back up documentation, the invoice shall be rejected. The Government reserves the right to have all invoices and backup documentation reviewed by the Contracting Officer prior to payment approval.

G.5 Subcontracting Plan

A small business concern, as defined in FAR Section 2.0, is not required to have a subcontracting plan.

For other than small business concerns, the Contractor shall have a subcontracting plan.

The Contractor shall comply with the Contractor’s Subcontracting Plan, incorporated into the contract by reference, to ensure that small businesses (SB), Small Disadvantaged Businesses (SDB), Women-Owned Small Businesses (WOSB), HUBZone Small Businesses (HUBZone SB), Veteran-Owned Small Businesses (VOSB), and Service-Disabled Veteran-Owned Small Businesses (SDVOSB), are provided the maximum practicable opportunity to participate as subcontractors.

As stated in 5 U.S.C. 637(d)(9), the Contractor or any subcontractor failing to comply in good faith with the requirements of the Subcontracting Plan is in material breach of the contract. Further, 5 U.S.C.

637(d)(4)(F) directs that a Contractor’s failure to make a good faith effort to comply with the requirements of the Subcontracting Plan may result in the imposition of liquidated damages.

The PMO requires use of the electronic Subcontracting Plan Reporting (SPR) system at SAM.gov as the secure, confidential, information management tool to evaluate subcontracting goal performance for the contract. The Contractor retains responsibility for subcontractor performance and shall be accountable for their performance. The Contractor agrees to ensure that a subcontractor agrees to the same mailto:InvoiceMGT.Consolidation@ice.dhs.gov mailto:Jonathan.Igwebueze@hq.dhs.gov restrictions, terms and conditions that apply in the contract and implements reasonable safeguards to protect Government-furnished property and information.

Affiliates of the Contractor or subcontractor are not included in these reports. Subcontract award data reported by Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors.

The Contractor is required to adhere to its Subcontracting Pan, incorporated into the contract by reference. If the Contractor does not meet any one or more of its subcontracting goals for a given reporting period, the Contractor shall explain, in writing, the rationale for not meeting the goals in the comments section of the ISR/SSR.

NOTE: If the Contractor represented that it was a small business concern prior to award and its size status subsequently changes to other than small business concern based on re-representation as prescribed in FAR 52.219-28 (OCT 2025)(DEVIATION 26-03), the Contractor shall submit to the CO its Subcontracting Plan for review in accordance with FAR 52.219-9 Alternate II (OCT 2025)(DEVIATION 26- 03). The Subcontracting Plan shall be incorporated in the contract by reference.

H – Special Contract Requirements

H.1 Authorized Users

This contract is available for use by only the DHS OPO and the Office of the Chief Readiness Support Officer (OCRSO) Aviation Integration & Resources (AIR). All resulting requirements anticipated for execution under this Contract shall be coordinated through DHS OCRSO- AIR.

H.2 Training

The Government will not allow costs, nor reimburse costs associated with the Contractor training employees in an effort to attain and/or maintain minimum personnel qualification requirements of this contract. Attendance at workshops or a symposium is considered training for purposes of this contract.

H.3 Clause Refresh

DHS reserves the unilateral right to update the clauses in this contract based upon changes to the FAR or the Homeland Security Acquisition Regulation (HSAR) upon written notification to the contractor or as a result of mutual agreement of the parties.

H.4 Government Furnished Property (GFP)

(a) The Government may furnish, entirely at its own choice, to the Contractor certain property to be used on-site on a no-cost-for-use basis, as necessary for the technical performance of the contract. The Contractor shall use all reasonable care in protecting said property from damage or losses incurred, and will immediately advise the COR of any repairs needed, damages or losses incurred, replacement required, etc. In no event shall any item of property, other than office operating supplies, be relocated or disposed of without the expressed authorization of the COR.

(b) Thirty (30) calendar days prior to the end of the contract’s period of performance, or upon termination of the contract, the Contractor shall furnish to the COR a complete inventory of all Government Property in its possession under the contract that has not been tested to destruction, completely expended in performance or incorporated and made a part of a deliverable end item. The COR will furnish disposition instructions on all listed property which was furnished or purchased under the contract.

H.5 Government Furnished Information (GFI)

GFI will be specified in Contract Award as applicable.

H.6 Contractor Acquired Property

In the event the Contractor is required to purchase property in the performance of this contract, compliance with the procedures of RFO FAR Part 45, Government Property, is required.

H.7 Disclosure and Avoidance of Inherently Governmental Functions

(a) In accordance with RFO FAR Subpart 7.5, Deviation 25-32 for FAR Part 7, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The Contractor shall not perform any inherently governmental actions as defined by RFO FAR Subpart 7.5. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify their Contracting Officer and not carry out the direction until a clarification has been issued by their Contracting Officer.

H.8 Data Rights & Release

The Government will retain unrestricted rights to Government data. This includes, but is not limited to, preliminary and final deliverables and all associated working papers and other material deemed relevant by the agency that have been generated by the Contractor in the performance as a result of this solicitation, are the property of the U.S. Government, and must be submitted to the Contracting Officer Representative at the conclusion of the award. All deliverables produced for this solicitation are the property of the U.S. Government and cannot be reproduced or retained by the Contractor. The ordering activity retains ownership of any user created/loaded data and applications hosted on Contractor infrastructure, as well as maintains the right to request full copies of these at any time. The U.S. Government has unlimited data rights to all deliverables and associated working papers and materials in accordance with FAR 52.227-3. DHS data handled by the Contractor on behalf of the Government must be available to the Government upon request within one business day or within the timeframe specified otherwise and shall not be used for any other purpose other than that specified herein. The Contractor shall provide requested data at no additional cost to the Government. No DHS data shall be released by the Offeror without the consent of the Government in writing. All requests for release must be submitted in writing to the Contracting Officer and Contracting Officer Representative.

H.9 Freedom of Information Act

Information that is furnished under this RFP may be subject to disclosure under the Freedom of Information Act (FOIA). All items that are confidential to business, contain trade secrets, proprietary or personnel information shall be clearly marked. If such items are not marked, all information contained within the documents submitted will be deemed releasable. Marking of items will not necessarily preclude disclosure when DHS determines disclosure is warranted by FOIA.

This section presents the general requirements applicable to DHS Air.

H.10 LABOR OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS)

Outside the Continental United States (OCONUS) is defined as other than the 48 contiguous states plus the District of Columbia.

The U.S. Department of State’s Bureau of Administration, Office of Allowances, publishes quarterly report indexes of living costs abroad, per-diem rate maximums, quarter’s allowances, hardship differentials, and danger pay allowances.

The Department of State Standardized Regulations (DSSR) is the controlling regulations for allowances and benefits available to all U.S. Government civilians assigned to foreign areas. Contractor personnel assigned to foreign areas shall not receive allowances and benefits in excess of those identified in the

DSSR.

H.11 SUBCONTRACTING

All subcontracting shall follow the procedures prescribed therein RFO FAR Part 2 and RFO FAR Subpart 44.4, Deviation 25-34 for FAR Part 44, and any component-specific supplements.

H.12 Non-Disclosure Agreements (NDA)

All Contractor personnel performing work thereunder the contract shall complete and sign DHS Form 000-6, Non-Disclosure Agreement, or have executed a corporate-level NDA. The Contractor shall provide the completed form(s) to the COR before any employee has access to any information, materials, or documents pertaining to the contract.

I – Contract Clauses

The following Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) FAR and Homeland Security Acquisition Regulations (HSAR) clauses are incorporated by reference into this solicitation and contract.

All clauses referenced or incorporated below are applicable to this contract unless otherwise stated.

RFO FAR 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 address: FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOVor for DHS specific clauses at: https://www.acquisition.gov/hsar

RFO FAR

No.

Title Date

RFO FAR Clauses

52.201-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-17 Contractor Employee Whistleblower Rights NOV 2023

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance AUG 2025 DEV 25-19

54.204-91 Contractor Identification AUG 2025

DEV 25-19

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

April 2026 DEV 25-27 Rev 3

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

April 2026 DEV 25-27 Rev 3

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations April 2026 DEV 25-27 Rev 3

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

April 2026 DEV 25-21 Rev 2

52-219-8 Utilization of Small Business Concerns OCT 2025

DEV 26-03

52.219-9 Small Business Subcontracting Plan OCT 2025

DEV 26-03

52.222-3 Convict Labor April 2026 DEV 26-10 Rev 2

52.222-19 Child Labor—Cooperation with Authorities and Remedies April 2026 DEV https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/hsar

RFO FAR

No.

Title Date

26-10 Rev 2

52.222-35 Equal Opportunity for Veterans April 2026 DEV 26-10 Rev 2

52.222-36 Equal Opportunity for Workers with Disabilities April 2026 DEV 26-10 Rev 2

52.222.37 Employment Reports on Veterans April 2026 DEV

26-10 Rev 2

52.222-40 Notification of Employee Rights Under the National Labor Relations Act April 2026 DEV 26-10 Rev 2

52.222-41 Service Contract Labor Standards April 2026 DEV 26-10 Rev 2

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

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

April 2026 DEV 26-10 Rev 2

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

April 2026 DEV 26-10 Rev 2

52.222-50 Combating Trafficking in Persons April 2026 DEV 26-10 Rev 2

52.222-54 Employment Eligibility Verification April 2026 DEV 26-10 Rev 2

52.222-62 Paid Sick Leave Under Executive Order 13706 April 2026 DEV 26-10 Rev 2

52.222-90 Addressing DEI Discrimination by Federal Contractors April 2026 DEV 26-10 Rev 2

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving MAY 2024

52.227-1 Authorization and Consent JUN 2020

52.227-14 Rights in Data – General MAY 2014

52.229-12 Tax on Certain Foreign Procurements JUL 2025 DEV 25-

52.232-18 Availability of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018

52.232-37 Multiple Payment Arrangements MAY 1999

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-3 Protest After Award AUG 2025 DEV 25-25

52.233-4 Applicable Law for Breach of Contract Claim AUG 2025 DEV 25-25

52.237-3 Continuity in Services JAN 1991

52.240-91 Security Prohibitions and Exclusions AUG 2025

DEV 25-23

52.240-92 Security Requirements AUG 2025

DEV 25-23

52.240-93 Basic Safeguarding of Covered Contractor Information Systems AUG 2025

DEV 25-23

52.242-15 Stop-Work Order AUG 1989

52.245-1 Government Property SEP 2021

RFO FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services.

As prescribed in 12.205(b)(3), insert the following clause:

Terms and Conditions—Commercial Products and Commercial Services (DEV 25-21 REV 2)

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

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence.

Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

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

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

(i) Payment—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

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

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

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

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

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

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

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

RFO FAR 52.217-9, Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

52.222-49 Service Contract Labor Standards-Place of Performance Unknown. (DEVIATION 26-10) (Sept 2025)

As prescribed in 22.1002-2(f), insert the following clause:

Service Contract Labor Standards-Place of Performance Unknown (Sept 2025)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation…