Attachment 1 -Terms and Conditions 70RFP326QEH000013 9_17_26.pdf

Terms and Conditions

THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR

CONTRACT ADMINISTRATION

A. Contracting Officer (CO)

1. The CO for this award is: Marcus Mason at marcus.l.mason@fps.dhs.gov ; 817-690- 1657.

2. The CO has the overall responsibility for the administration of the purchase order. The CO alone is authorized to take action on behalf of the Government to amend, modify or deviate from the purchase order’s terms and conditions; make final decisions on unsatisfactory performance; terminate the purchase order for convenience or cause; and issue final decisions regarding questions or matters under dispute. The CO may delegate certain other responsibilities to an authorized representative.

B. Contracting Officer’s Representative

1. The COR for the order is: Shontay Cokley; shontay.a.cokley@fps.dhs.gov.

Purchase order and agency specific provisions and clauses. In addition to the Statement of Work, the following Federal Acquisition Regulation (FAR), Revolutionary FAR Overhaul (RFO) and Homeland Security Acquisition Regulation (HSAR) provisions and clauses are incorporated into the purchase order. RFO FAR Part 121 Commercial provisions/clauses apply to this purchase order.

I. DESCRIPTION OF SERVICES

The Contractor shall furnish Canine Explosive Scent Kits (CESKs), defined in the statement of work and Purchase Order exhibits, at federally owned, leased or occupied facilities protected by the Federal Protective Service at various locations in the Continental United States and in specified locations outside the Continental United States. In furnishing these CESKs, the Contractor shall provide all necessary materials, supplies and equipment except as otherwise indicated, and shall plan, schedule, coordinate and ensure effective performance of, and conformance to, all aspects of the statement of work contained herein.

1. CONTRACT TYPE

Services shall be furnished via Firm Fixed Price Purchase Order issued under RFO FAR Part 12.21.

2. ESTIMATED QUANTITIES

1 FAR Class Deviation 25-21 for FAR Part 12, Part 17 and Part 52 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 FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

mailto:marcus.l.mason@fps.dhs.gov

1 FAR Class Deviation 25-21 for FAR Part 12, Part 17 and Part 52 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 FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

a. The total estimated value of the purchase order is the total awarded price, inclusive of all option periods.

b. The Schedule of Supplies/Services and Prices (i.e. the Schedule) sets forth the estimated quantity of CESKs that the Government may order per each stated Option ordering period.

The estimated quantities set forth in the Schedule are based upon the current, known CESKs requirement with adjustments to provide for maximum ordering flexibility. The Government reserves the right to order up to the estimated quantities set forth in the Schedule.

II. PACKING AND MARKING

All items are to packaged and marked IAW SOW para 1.5 and 2.0.

1. PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer or the Contracting Officer's Representative shall be paid by the Contractor.

2. MARKING

All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the purchase order number for which the information is being submitted.

III. DELIVERIES OR PERFORMANCE

1. TERM OF PURCHASE ORDER

The full term of the purchase order will be up to Five Years, if all established Option periods are utilized. The start and end dates for the base ordering period and each additional Option period will be defined within the resultant purchase order. Established optional ordering periods may be exercised in accordance with RFO FAR 52.217-9 - Option to Extend the Term of the Contract.

IV. CONTRACT ADMINISTRATION DATA

1. SUBMISSION OF INVOICES

A. After award of this purchase order, but prior to performance, the contractor shall meet with the Contracting Officer and Contracting Officer’s Representative upon request to discuss proper invoice preparation and submission. The contractor and government shall

1 FAR Class Deviation 25-21 for FAR Part 12, Part 17 and Part 52 were issued as part of the Revolutionary FAR Overhaul

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

agree on a standardized invoice format to be used for submission of all invoices under this purchase order that meets the requirements of RFO FAR 52.212-4 Contract Terms and Conditions – Commercial Items, Paragraph (g) “Invoice.” Use of a standardized invoice format will facilitate timely invoice reviews and approvals. Failure to use the agreed standardized invoice format shall result in rejection of invoices.

CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JULY 1, 2026)

ADDENDUM TO RFO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS —

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

RFO FAR 52.212-4, Paragraph (d) Disputes: Notwithstanding the claim period stated in RFO FAR 52.233-1, Disputes, and pursuant to RFO FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this contract [or “order”] within 12 months after accrual of the claim.

SUBMISSION OF INVOICES:

A. Invoicing.

Invoices shall be submitted for payment within 30 days after the Government’s receipt of delivery. Invoices shall not contain any Personally Identifiable information (PII). Invoices shall be submitted via one of the two (2) following methods:

1. By mail: FPS-HQ

DHS, FPS

Financial Operations-Burlington P.O. Box 1279 Williston, VT 05495-1279 Attn: FPS-HQ Invoice

2. By e-mail: FPSInvoice.Consolidation@ice.dhs.gov

The subject invoice number shall be annotated in the subject line of the e-mail. Only one (1) invoice shall be submitted per e-mail message. The invoice attached to the e-mail shall be in the Portable Document Format (PDF).

Invoices submitted by other than these two (2) methods will not be processed and will be returned.

1 FAR Class Deviation 25-21 for FAR Part 12, Part 17 and Part 52 were issued as part of the Revolutionary FAR Overhaul

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

The Contractor shall provide an informational copy of each invoice to the Contracting Officer, marcus.l.mason@fps.dhs.gov, and the COR, shontay.a.cokley@fps.dhs.gov concurrent with submission to the designated billing office referenced above. RFO 52.202-1

In addition to the information required for a proper invoice as identified in RFO FAR 52.212-4(g)(1), Contract Terms and Conditions – Commercial Products and Commercial Services, the Contractor shall include the following information:

1. Annotate “FPS-HQ” on the face of each invoice.

2. Clearly identify the date the services were delivered to the Government.

3. Cite the identical CLIN number and description on the invoice as what is cited within the CLIN description listed in the purchase order.

Contractor shall submit only one invoice per CLIN. Failure to comply with these submission requirements will result in rejection of the invoice.

Final invoices shall be marked “FINAL” and be accompanied by an executed “Contractor’s Release” (DHS Form 700-3 (12/07)) available at http://dhsconnect.dhs.gov/org/comp/mgmt/ocio/forms/Forms/DHS%20Form%20700-3.pdf or by request to the Contracting Officer.

(End of Clause)

Clauses:

Number Title Source

52.203-6 with Alt I

Restrictions on Subcontractor Sales to the Government Statute

52.203-

Contractor Code of Business Ethics and Conduct Statute https://sws.gsa.gov/sws-search/generateClauseBodyPdf.do?method=generateClauseBody&solNo=NDdRU01EMjBSMDAwMQ==&refreshNo=22&clauseNo=52.202-1&clauseType=O&sequenceNo=0

1 FAR Class Deviation 25-21 for FAR Part 12, Part 17 and Part 52 were issued as part of the Revolutionary FAR Overhaul

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

Number Title Source

52.203- 17 Contractor Employee Whistleblower Rights Statute

52.203-

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Statute

52.204-

System for Award Management— Maintenance Statute

52.204- 91 Contractor identification Other

52.209-6

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

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Statute

52.209-

Prohibition on Contracting with Inverted Domestic Corporations Statute

52.219-6 Notice of Total Small Business Set-Aside Statute

52.219-8 Utilization of Small Business Concerns Statute

1 FAR Class Deviation 25-21 for FAR Part 12, Part 17 and Part 52 were issued as part of the Revolutionary FAR Overhaul

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

Number Title Source

52.219-9 Small Business Subcontracting Plan Statute

52.222-3 Convict Labor EO

52.222-

Child Labor—Cooperation with Authorities and Remedies EO

52.222- 35 Equal Opportunity for Veterans Statute

52.222-

Equal Opportunity for Workers with Disabilities Statute

52.222- 37 Employment Reports on Veterans Statute

52.222-

Notification of Employee Rights Under the National Labor Relations Act EO

52.222- 50 Combating Trafficking in Persons Statute

52.222-

Addressing DEI Discrimination by Federal Contractors E.O.

1 FAR Class Deviation 25-21 for FAR Part 12, Part 17 and Part 52 were issued as part of the Revolutionary FAR Overhaul

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

Number Title Source

52.225-5 Trade Agreements Statute

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

52.232-

Payment by Electronic Funds Transfer— System for Award Management Statute

52.232-

Providing Accelerated Payments to Small Business Subcontractors Statute

52.233-3 Protest After Award Statute

52.233-4 Applicable Law for Breach of Contract Claim Statute

52.244-6 Subcontracts for Commercial Products and Commercial Services Statute

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

1 FAR Class Deviation 25-21 for FAR Part 12, Part 17 and Part 52 were issued as part of the Revolutionary FAR Overhaul

Procurement, signed April 15, 2025. Any subsequent citations to FAR Part 1 in this document will be cited as “RFO FAR” for brevity and are referring specifically to FAR Class Deviation 25-21 for FAR Part 12.

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

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

(End of Clause)

HSAR 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 acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

N/A

(b) Clauses.

X 3052.203-70 Instructions for Contractor Disclosure of Violations.

X 3052.242-72 Contracting Officer’s Representative.

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

Terms and Conditions