CBP DRAFT FINGERPRINT RFQ 20156753.pdf

REQUEST FOR QUOTE (RFQ)

# 20156753

Office of Human Resources Management (HRM)

Fingerprint Services Blanket Purchase Agreement (BPA)

Table of Contents

Section Description

I Cover letter

II Pricing Schedule

III Statement of Work (SOW)

IV Instructions to Quoters & Evaluation Factors & Provisions

V Blanket Purchase Agreement [Template] (BPA) & Clauses

VI Solicitation Attachments

SECTION I – COVER LETTER

SUBJECT: Request for Quote (RFQ) 20156753

Dear Sir of Madam:

The Department of Homeland Security, U.S. Customs and Border Protection (CBP), has an anticipated requirement for obtaining Electronic Fingerprinting Services in support of Office of Human Resources Management (HRM) and other offices. In accordance with the Federal Acquisition Regulation (FAR) subpart 12.201-1(e)(3), CBP intends to enter into a single Blanket Purchase Agreement (BPA) with an Open Market contractor to fulfill these recurring requirements.

The principal nature of the requirements described in this solicitation is consistent with services performed by industries in the 561611 Investigation and Personal Background Check Services with a small business size standard of $25,000,000.

Product Service Code (PSC): The services in this solicitation are best represented by PSC Code: R430 Support- Professional: Physical Security And Badging.

Type of Contract: The primary type of contract resulting from this solicitation is:

Fixed Unit Price

Your emailed response, written (Price & PowerPoint Submission) and oral Quotation (Oral Presentation), is requested to be received by Richard M. Kirby Contracting Officer at richard.m.kirby@cbp.dhs.gov no later than 9:00 am ET, on Mid March , 2026.

Sincerely, Richard M. Kirby Contracting Officer

1300 Pennsylvania Avenue, NW Washington, DC 20229

SECTION II – PRICING SCHEDULE

SEE SECTION VI, ATTACHMENT A

SECTION III – STATEMENT OF WORK

SEE SECTION VI, ATTACHMENT B

SECTION IV – INSTRUCTIONS TO PREPARE QUOTERS & EVALUATION FACTORS &

PROVISIONS

A. PAYMENT OF QUOTE COSTS

This solicitation does not commit the Government to pay any cost incurred in the submission of the quote or in making necessary studies or designs for the preparation thereof, nor to contract for services or supplies.

B. INSTRUCTIONS TO QUOTERS

Each Quoter’s Quotation submitted in response to this solicitation shall be prepared in three (3) volumes as delineated in the table below. Each of the volumes and parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other. Quote submissions shall consist of a written response as summarized in the table below.

Volume, Part Title Page Limit Submission

I. Tab 1 Cover Letter 2 pages for cover letter (single sided)

Electronic (e-mail)

I. Tab 2 Technical Approach (Factor 1)

25 MS

PowerPoint (PP) Slides of content (single sided).

Oral Presentation;

PowerPoint Slides - Electronic (e-mail)

I. Tab 3 Past Performance (Factor 2)

Included in the 25 PP slide limit above.

Questionnaires are not included in the 25PP slide limit.

Oral Presentation Questionnaires Electronic (e-mail

I. Tab 3 Past Performance (Factor 2)

Past Performance Questionnaires Electronic (e-mail)

II. Price (Factor 3) BPA Pricing Schedule

Electronic (e-mail)

Electronic submissions shall be submitted via electronic mail Richard M. Kirby Contracting Officer at richard.m.kirby@cbp.dhs.gov. Oral Presentation slides shall be delivered in Microsoft® PowerPoint 2013 (or higher versions when available) for Oral Presentation Material. Excel Pricing Spreadsheet submissions must be delivered in Microsoft® Excel 2013 (or higher versions when available) for spreadsheet submissions. Documents are not to be protected. Quoters shall not submit PDF documents, with the exception of the Volume I, Tab 1, Cover Letter.

mailto:richard.m.kirby@cbp.dhs.gov

Quotations must be prepared in accordance with these instructions and provide all required information in the format specified. The Quoter is responsible for including sufficient details to permit a complete and accurate evaluation of the quotation.

The required format is designed to ensure submission of information essential to the understanding and comprehensive evaluation of the Quoter’s quotation. Pages in excess of the maximum will be removed from the end of the quotation volume by the Contracting Officer (CO) without being evaluated.

No classified information shall be included in the Quoter’s written quotation. Proprietary information shall be clearly marked.

Quotes/Presentations must be clear, coherent, and prepared in sufficient detail for effective evaluation.

Quotes/Presentations must include convincing rationale and substantiation of all claims. Quoters shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the Quoter’s quote.

Minimum quote acceptance period: The Government requires a minimum acceptance period of at least 90 calendar days from the quote due date. A quote allowing less than the Government’s minimum acceptance period may be rejected on the basis that it does not meet this requirement.

Important note regarding email attachments: CBP’s email system limits incoming email attachments to 10MB per email. Quoters shall NOT submit .zip files as these may be stripped by CBP’s email system.

All incoming files are scanned so there may be a delay between the time the file is submitted and the time it is received. Therefore, Quoters must ensure they submit quotations with sufficient time to reach the required destination no later than the response due date and time identified above. Quoters are strongly encouraged to verify receipt of their response (via email) as noted above. Quoters may submit attachments in multiple emails due to size constraints; however, the complete quotation (including all required submissions) must be received by the due date and time identified above.

NOTE:

1.) Quoters are instructed to numerically identify their email submittals to include both the attachment number AND the total number of attachments so that the Government may clearly see how many emails or attachments are being submitted (FOR EXAMPLE: 1 of 3; 2 of 3, 3 of 3).

Volume I, Tab 1: Cover Letter: The cover letter shall contain the following information at a minimum:

1. Solicitation Number and Solicitation Title

2. Contractor Name

3. SAM UEI Number

4. Business size for the NAICS of this solicitation.

5. Complete Business Mailing Address

6. Primary and Alternate Point(s) of Contact (Name, title, corporate address, e-mail address, phone number);

7. Acknowledgement of any Amendment to this RFQ, to include signed copies attached to the cover letter.

Volume I, Tab 2: Technical Approach

This Technical Volume shall not exceed twenty-five (25) PowerPoint Slides, encompassed into one Power Point presentation. The Power Point presentation information that exceeds the page limitation will not be considered. The PowerPoint presentation shall be submitted via email prior to the Quoter’s scheduled oral presentation and shall then be presented orally. This volume must contain information addressing the three (3) elements of the Technical Approach (Factor 1) that are listed directly below.

Factor 1: Technical Approach (Non-Price) The Offeror’s Technical Approach shall provide a response addressing its knowledge and expertise in collecting, safeguarding, and routing electronic fingerprints. The TET shall evaluate based on the technical acceptableness of the offeror’s information under this factor and elements within the quote.

Factor 1: Technical Approach

Element1 – Technical Approach The Offeror’s Technical Approach shall provide a response addressing its knowledge and expertise in collecting, safeguarding, and routing electronic fingerprints. The TET shall evaluate based on the technical acceptableness of the offeror’s information under this factor and elements within the quote.

Element 2 – Transition Plan The Offeror’s Transition Plan shall provide written response as to how the offeror plans to organize, and the timeframe it will take for them to be fully operational and begin to accept service requests, in an effort to minimize risk to the government. The TET shall evaluate based on the technical acceptableness of the offeror’s information under this factor and element within the quote.

Element 3 – Accessibility The Offeror shall provide a written response that clearly demonstrates that it meets the minimum accessibility requirements identified in the Statement of Work. The offeror shall have locations in each of the 50 states and the U.S. territories Guam, Saipan, Puerto Rico, and the U.S. Virgin Islands. The TET shall evaluate based on the technical acceptableness of the offeror’s information under this factor and element within the quote.

Items to be addressed in the Oral Presentation:

1. Technical Approach: Describe your fingerprinting workflow and explain how your systems would securely integrate with federal government information systems, including compliance with applicable security protocols and standards.

2. Accessibility: Detail the number and geographic distribution of your service locations, including coverage in all 50 states and five (American Samoa, Guam, Northern Marian Islands, Puerto Rico and Virgin Islands) territories. Please describe your capability and timeline for establishing new service locations as required.

3. Technical Approach: Explain your billing, invoicing, and reporting processes, including your ability to adapt to evolving government requirements and provide timely, accurate documentation.

4. Accessibility: Describe your approach for processing fingerprints for applicants who are located more than 60 miles from your nearest service location or where services are otherwise unavailable.

All Factor 1 elements are of equal importance for evaluation purposes and are evaluated holistically for Factor 1.

Factor 2: Past Performance

The Offeror’s past performance proposal shall address corporate past performance in performing projects similar in size and scope to this requirement. The Contractor’s relevant Past Performance will be evaluated to assess the extent of its ability to perform the contract successfully (quality of service, timeliness of delivery/work, business relations, customer satisfaction, key personnel and staffing (including subcontractors/partners).

The Offeror shall complete and submit Past Performance Contract Reference Data Sheets (Appendix C) for three (3) previous or current contracts for services directly related or similar to the services required under this RFQ. Information for contracts or subcontracts shall be for relevant contracts and subcontracts currently in process or completed within the past three (3) years. Specifically address the following items as listed in the attachments.

The Offeror shall complete and submit a Past Performance Relevant Experience Form (Attachment C) for each contract provided as a reference.

The Government will evaluate the Offeror’s Past Performance to determine its currency and relevancy to the contractual requirements. Source of the information, context of the data, and general trends in the Contractor’s performance and any associated risk shall be considered. The Contractor’s relevant Past Performance will be evaluated to assess the extent of its ability to perform the contract successfully.

In accordance with FAR 15.305(a)(2)(iv), an offeror without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance (neutral evaluation).

The Government will consider past or current contracts (including Federal, State and local government and private) for efforts similar to the Government requirement. The Government will consider information provided on problems encountered on the identified contracts and associated corrective actions. Offerors with a negative past performance rating may be afforded an opportunity to address alleged deficiencies. The Government may also consider information obtained from any other sources when evaluating past performance, such as the Contractor Performance Assessment Reporting System (CPARS). Failure of an offeror to disclose a relevant Government contract with poor past performance may affect the Offeror’s past performance rating.

The Government may consider past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement when such information is relevant.

The Government may use present and/or past performance data obtained from a variety of sources, including but not limited to: publicly available reports, and/or data from the Contractor Performance Assessment Reporting System (CPARS). The information gathered for past performance may also be used in the responsibility determination.

Oral Presentation

The oral presentation consists of elements that demonstrate the Quoter’s Technical capabilities and the Quoter’s past performance. The oral presentation shall not contain any price information.

Failure to comply with this requirement may result in the quote being deemed non-responsive and therefore not being evaluated. The Government will not pay for any travel or other costs associated with the oral presentation.

Oral Presentation Instructions:

Quotation/ Oral Presentation Participation: Submitting a Quotation is the Quoting Contractor’s Acceptance to participate in Oral Presentations.

Location: The Government will most likely hold oral presentations remotely, using technology, rather than in person. The Government will notify the Quoter of the technology platform or tool to be utilized for the oral presentation, when scheduling presentations with who elected to participate in oral presentations. The Government anticipates utilizing Microsoft TEAMS as the platform for the oral presentations. The Government and Quoter may agree to test the connection at a convenient time prior to the oral presentation. In the event the selected technology platform or tool cannot be made functional at the time of the scheduled oral presentation, the oral presentation may proceed as a voice-only telephone call, at the Government’s sole discretion. Oral presentations are anticipated to be held sometime in mid March 2026.

The order in which Quoters are scheduled will be randomly selected by the Government. When scheduling the presentations, CBP will advise Quoters of the time of its presentation within twenty-four (24) hours after the solicitation closing date. Oral presentations may be scheduled anytime between 8:30am and 4:00pm Eastern Time (ET). By participating in the oral presentation, the Quoter acknowledges that it is in full compliance with all solicitation terms and conditions, in accordance with applicable laws and statutes.

Video or audio recording of oral presentations by Quoters is strictly prohibited. The Government may elect to video or audio record the oral presentation. Non-government advisors may be used and may have access to Quoter ’s Quote. The submission of a quote shall constitute consent to the disclosure of proprietary information to all non-Government participants during the source selection. All non-Government participants will have signed a non-disclosure agreement.

Participants: The selected web-based conference platform will support up to five Quoter participant users from different locations. Web links to the Quoter specific web-based conference platform shall not be shared with anyone other than the authorized Government participants and the authorized Quoter participants and shall be treated as source selection sensitive. The Quoter participants in the oral presentations shall be limited to the contract personnel proposed by the Quoter, and one prime company representative is allowed. No more than six (6) total Quoter participants shall attend the oral presentation. Teaming Arrangements are allowed, but a company shall only be involved in one quote submission. An individual shall not participate in more than one Quoter’s oral presentation. Quoters shall provide the Contract Specialist with the name, employer/company, and e-mails of the Quoter’s participants for the oral presentation no later than 48 hours prior to the scheduled Oral Presentation.

Time Limit: Oral presentations are limited to 45 minutes in duration, exclusive of any needed Clarification period. Any set-up of visual aids and remarks made by the Contracting Specialist or Contracting Officer prior to the presentation will not count against the Quoter’s 45-minute time limit. The Government will not evaluate any of the information in the slide deck that is not presented during the Quoter’s 45-minute time limit. The Government urges the Quoter to exercise good judgment in the number of slides presented given the 45-minute time limit.

Format for Oral Presentations The Government intends for the oral presentations to proceed as follows:

Oral Presentation Portion

Oral Presentation Component Total Time Allotment

1 Introductions and Rules of Engagement Approx. 5 minutes 2 Offeror’s Presentation 45 minutes 3 Break 15 Minutes 4 Government Caucus prior to interactive dialogue No longer than 15 minutes 5 The Government and Offeror will participate in an interactive dialogue related to the information presented by the Offeror during the oral presentation.

No longer than 15 minutes

6 Government Closing Remarks/Departure Approx. 5 minutes

Rules of Engagement for Oral Presentations:

1. The Government intends for the oral presentation to be an interactive exchange between the Quoter and the Government. These exchanges are viewed as a component of the oral presentation itself and do not constitute discussions. The Government will not ask questions that will invite or allow the Quoter to change its quote. The Quoter shall not volunteer any information that might be construed as changing its quote. Oral presentations are distinct from the Government’s reserved right to conduct discussions.

2. The Quoter is in control of its presentation and may choose not to present or respond to any question provided by the Government.

3. The Quoter shall not utilize any computers (other than the ones required to host the web-based conference platform being utilized for the oral presentation), tablets, smart phones, or separate conference lines/phones, while conducting the oral presentation, and shall not bring or distribute any written or electronic materials during the oral presentation. The Quoter participant may need a separate phone/conference bridge to connect to the oral presentation, however that phone shall only be used for that purpose and no other.

4. The Quoter participants shall not reach back, by phone/conference bridge, e-mail or any other means, to any other personnel or persons for assistance during the oral presentation.

5. Quoters can utilize any virtual drawing features or functions during the oral presentation provided in the web-based conference platform, as applicable. Quoters may elect to utilize white boards or flip charts during the oral presentation as well and can upload such items to the web-based conference platform, as appropriate.

6. The Quoter shall submit the Power Point Slides for the Oral Presentation with the submission of the entire quotation.

7. Government Furnished Equipment (GFE) shall not be used by the Quoter for any part of the presentation or by any member of the presentation team.

QUOTE AFFORDABILITY: The Government seeks quotes with a total price less than $9,000,000.00. Quoters should not interpret this figure as a ceiling (or as a floor) on quote;

rather, this information is provided as a courtesy to prospective Quoters. The Government may select a quote for award with a price below, at, or exceeding this figure if it finds that offer provides the best value and funds are available.

Volume II: Price Quotation

Factor 3: Price The pricing information shall be submitted using the Pricing Template (Attachment A) provided in the solicitation. Please ensure that the template cells/formulas are visible and unlocked. The Contractor shall be responsible for ensuring that the pricing information is submitted correctly.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. To account for the option periods possible under FAR 52.217-8 (maximum of six months), the Government will evaluate the option to extend services by adding six months of the offeror’s final option period price to the offeror’s total price. This amount will be the total evaluated price.

The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as proposed in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at contract award. If, at the end of the contract’s/order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the rates specified in the contract for the preceding performance period.

C. EVALUATION FACTORS AND BASIS FOR AWARD

The Government intends to make a single-award BPA contract to the responsible Quoter submitting an overall quote that is determined most advantageous to the Government, price and non-price factors considered.

Quotes shall be evaluated on the following factors:

Factor 1: Technical Approach (Non-Price) Factor 2: Past Performance (Non-Price) Factor 3: Price

Evaluations will be conducted in accordance with FAR 12.203 and the procedures stated herein. Award will be made to the Quoter whose quote meets the Government’s requirements and whose technical quote and price represent the best value to the Government. The relative order of importance of the evaluation factors is: Factor 1 is approximately equal in importance to Factor 2 and Factor 3.. It should be noted that award may be made to other than the lowest priced quote if the Government determines that a price premium is warranted due to technical merit. The Government may also award to other than the highest technically rated offeror, if the Government determines that a price premium is not warranted.

The evaluation of Factors 1 and 2 will each be evaluated holistically with a rating scale of "high confidence," "some confidence," and "low confidence," representing the Government’s confidence that the Quoter understands the requirement and will be successful in performing the work. Additionally, Confidence Ratings will be utilized to make a trade-off selection decision for award. Risk assessment will be a part of the overall evaluation. Non-price factors will be assessed on High Confidence, Some Confidence, or Low Confidence, as follows:

CONFIDENCE RATINGS

Rating Definition

High Confidence

Based on the information provided, the Government has high confidence that the Quoter understands the requirement, proposes a sound approach, and will be successful in performing the Task Order with little or no Government intervention.

Some

Confidence

Based on the information provided, the Government has some confidence that the Quoter understands the requirement, proposes a sound approach, and will be successful in performing the Task Order with some Government intervention.

Low

Confidence

Based on the information provided, the Government has low confidence that the Quoter understands the requirement, proposes a sound approach, or will be successful in performing the Task Order even with Government intervention.

An evaluation team has been established by the U.S. Customs and Border Protection (CBP) to rate the technical quotes. Each member of the team will evaluate each quote in accordance with the technical evaluation factors stated below to determine if the quote is acceptable. Full and impartial consideration will be given to all quotes received pursuant to this solicitation, and the evaluation will be conducted in an equal manner.

The Government anticipates selecting the best-suited quoter from initial responses, without engaging in exchanges with Quoters. Quoters are strongly encouraged to submit their best technical solutions and price in response to this RFQ.

Once the Government determines the Quoter that is the best-suited (i.e., the apparent successful

Quoter), the Government reserves the right to communicate with only that Quoter to address any remaining issues, if necessary, and finalize a contract with that Quoter. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as deemed pertinent at the sole discretion of the Government, the Government reserves the right to communicate with the next best-suited Quoter based on the original analysis and address any remaining issues.

Once the Government has begun communications with the next best-suited Quoter, no further communications with the previous Quoter will be entertained until after the contract has been awarded. This process shall continue until an agreement is successfully reached and a contract is awarded.

The evaluation of quotes will be based on the following Factors:

FACTOR 1: Technical Approach (Non-Price)

The Technical Quotation Volume will be fairly considered and evaluated as a whole with an overall confidence rating. The Government will not evaluate any of the information in the slide deck that is not presented during the time limit. The Technical Evaluation Factor will holistically cover the degree to which the Quoter’s solution supports the task areas and objectives of the SOW, addresses the Task Statements provided in the solicitation.

The Government will assess the Quoter’s ability to successfully perform requirements through evaluation of the Quoter’s oral presentation. The Government will assess whether the Quoter’s technical approach exhibits a thorough understanding of the complexity and magnitude of the requirement and likelihood that the Quoter shall be successful in performance under the resultant contract.

FACTOR 2: Past Performance (Non-Price):

The Past Performance factor focuses on the Quoter’s experience and expertise in providing the same or similar services. The Quoter’s presentation addressing the Past Performance information and questions provided in this solicitation will be evaluated in order to determine a confidence rating for Past Performance. This will be used to evaluate the Quoter’s completed or ongoing business ventures for experiences that are similar in scope and size to those requirements identified in the SOW.

FACTOR 3: Price

The Government will evaluate proposed prices and conduct a price analysis to determine price reasonableness. The importance of price may increase as the differences between Quoter’s non-price factors decreases.

The Government will also evaluate pricing for an optional six-month extension period of performance under FAR 52.217-8- Option to Extend Services. Rates quoted in Ordering Period 5 shall be quoted, utilized, and invoiced for the 6 month extension, if exercised. For evaluation purposes, the Government will take the total price of the entire Ordering Period 5 and divide by two, to determine the 6-month price.

D. QUESTIONS AND CLARIFICATIONS

All requests for solicitation clarifications or other questions related to the solicitation shall be submitted via e-mail to Richard M. Kirby Contracting Officer at richard.m.kirby@cbp.dhs.gov. The subject of the e-mail must be titled “Request for Clarifications re: RFQ 20156753.” All questions or requests for clarifications regarding this RFQ must be submitted in writing no later than 9:00 pm Eastern Time, on March 10 ,2026. Requests, questions, or comments which are time stamped after the question due date and time will not be accepted, nor receive a response from the Government, unless the CO determines otherwise.

E. QUOTATION SUBMISSION

Electronic submissions shall be submitted via electronic mail to Richard M. Kirby Contracting Officer at richard.m.kirby@cbp.dhs.gov no later than 9:00 pm Eastern Time, on Mid March , 2026. The Government will NOT contact quoters to request status of their quote. The Quoter shall be responsible for ensuring that the entirety of their quotation is submitted and received on time.

F. PROVISIONS:

Provisions Incorporated by reference:

52.217-5 Evaluation of Options. (July 1990) 52.222-46 Evaluation of Compensation for Professional Employees (Feb 1993) 52.204-26 Covered Telecommunications Equipment or Services—Representation (Oct 2020)

Provisions Incorporated by full text:

52.203-2 Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or quote, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above

[insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or quote, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above;

and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of Provision)

52.252-5 Authorized Deviations in Provisions (Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR chapter 1) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the provision.

(b) The use in this solicitation of any Homeland Security Acquisition Regulation provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of Provision)

3052.209-70 Prohibition on Contracts With Corporate Expatriates (Jun 2006)

(a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this provision, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this provision:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent’ for ‘at least 80 percent’ each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity;

or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) Warrants;

(ii) Options;

(iii) Contracts to acquire stock;

(iv) Convertible debt instruments;

(v) Others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

_ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003;

_ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

_ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or quote.

(End of Provision)

SECTION V – BLANKET PURCHASE AGREEMENT [TEMPLATE] & CLAUSES

BEST VALUE

BLANKET PURCHASE AGREEMENT

(US Customs and Border Protection)

In the spirit of the Federal Acquisition Streamlining Act U.S Customs and Border Protection_ and _____(Contractor)_____ enter into an agreement to further reduce the administrative costs of acquiring commercial items.

BPAs eliminate contracting and open market costs such as: the search for sources; the development of technical documents and solicitations; and the evaluation of bids and offers. Contractor Team Arrangements are permitted with contractors in accordance with Federal Acquisition Regulation (FAR) Subpart 9.6.

This BPA will further decrease costs, reduce paperwork and save time by eliminating the need for repetitive, individual purchases from the. The end result is to create a purchasing mechanism for the Government that works better and costs less.

Signatures:

AGENCY DATE CONTRACTOR DATE

BPA NUMBER __________________

U.S. CUSTOMS AND BORDER PROTECTION

BLANKET PURCHASE AGREEMENT

Pursuant to a Blanket Purchase Agreement (BPA) is hereby established between _____________________________ and the U.S. Customs and Border Protection under the terms and conditions of the above stated contract and the following terms and conditions incorporated in this BPA.

ADMINISTRATIVE DATA

Primary Point of Contact: _________________________________________ (Complete name, title, _________________________________________ corporate address, electronic _________________________________________ mail address and phone number) _________________________________________ Alternate Point of Contact _________________________________________

Contracting Officer to complete the following:

North American Industry Classification (NAIC) Code: __________________________ Description: __________________________________________________________ Size Standard: ____________________________________________________

The BPA Holder represents that (check all that apply):

It is □ is not □ a small business concern

Complete the following only if a small business concern:

It is □ is not □ a small disadvantaged business concern

It is □ is not □ a women-owned small business concern

It is □ is not □ a veteran-owned small business concern

It is □ is not □ a service-disabled veteran-owned small business

It is □ is not □ a Hub-Zone small business company

1. AUTHORITY - The authority to establish this BPA is FAR 8.405-3

2. DESCRIPTION OF AGREEMENT

Under this agreement, the BPA Holder shall provide to U.S. Customs and Border Protection (CBP) Electronic Fingerprinting Services in support of the Office of Human Resource Management (HRM) and other CBP offices requirements. These services will be provided when requested by the Contracting Officer. This BPA may include requirements for any organization within Customs and Border Protection, but will primarily focus on support for HRM.

3. SERVICES AVAILABLE UNDER THIS BPA

{see the attached Statement of Work}

4. DELIVERY REQUIREMENTS

Delivery requirements will be specified in each task order.

5. PRICING

Pricing for each BPA call order shall be the same as the BPA.

[Attach pricing.]

6. TERM OF THE BPA

This BPA expires five years after award

The BPA ordering period is estimated to begin on June 24, 2026, and expires on June 23, 2031.. Available ordering periods include five (5), 12-month ordering periods as defined below:

Ordering Period 1: June 24, 2026, and expires on June 23, 2027 Ordering Period 2: June 24, 2027, and expires on June 23, 2028 Ordering Period 3: June 24, 2028, and expires on June 23, 2029 Ordering Period 4: June 24, 2029, and expires on June 23, 2030

Ordering Period 5: June 24, 2030, and expires on June 23, 2031

If the BPA Holder fails to perform in a manner satisfactory to the Contracting Officer, this BPA may be canceled with 30 days written notice to the BPA Holder by the CO, in addition to any action that may be taken at the Task Order level.

Task Orders generally will be issued for no more than 12 months. However, a Task Order may be issued with option periods and extended for a longer period by modification as warranted by circumstances arising during the administration of the Task Order.

Task Orders under this BPA may extend up to twelve (12) months past the last day to order under the BPA ordering period.

7. EXTENT OF OBLIGATION/VOLUME/PURCHASE LIMITATION

This BPA does not obligate any funds. Funds will be obligated by the placement of task orders.

The Government estimates, but does not guarantee, that the volume of purchases through this agreement will be approximately $9,000,000.00.

8. AUTHORITIES

Only a CBP Contracting Officer may authorize changes in the terms of the BPA during the effective period; renew the BPA for additional periods; or terminate the BPA.

8.1. CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this BPA and any issued task order. In the event the BPA Holder effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority, and no adjustment will be made in the task order price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept non-conforming work, waive any requirement of the task order, or to modify any term or condition of the task order. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to a proposed task order can be incurred before receipt of the fully executed task order or specific authorization from the Contracting Officer.

A CBP Contracting Officer’s Representative (COR) will be appointed for each task order issued under this BPA. The clause below is applicable to individual task orders. Where the term “contract” is used, “task order” should be substituted.

8.2. HSAR 3052.242-72 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Representative (COR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

[End of Clause]

9. PREVAILING TERMS AND CONDITIONS

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

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

(End of clause)

A.2 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

A.3 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

A.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of the end of the last ordering period.

A.5 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation

(HSAR) (48 CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

A.6 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (JUL 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect 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:

[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

[ ] 3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

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

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

[ ] Alternate I

[ ] Alternate II

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

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

(b) Clauses.

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

[ ] 3052.204-71 Contractor Employee Access.

[] Alternate I

[] Alternate II

[X] 3052.204-72 Safeguarding of Controlled Unclassified Information.

[X] Alternate I

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

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

[ ] Alternate I

[ ] 3052.209-72 Organizational Conflicts of Interest.

[ ] 3052.209-73 Limitation on Future Contracting.

[X ] 3052.215-70 Key Personnel or Facilities.

[ ] 3052.216-71 Determination of Award Fee.

[ ] 3052.216-72 Performance Evaluation Plan.

[ ] 3052.216-73 Distribution of Award Fee.

[ ] 3052.219-71 DHS Mentor Protégé Program.

[ ] 3052.228-70 Insurance.

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

[] 3052.242-72 Contracting Officer’s Representative.

A.7 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract:

(specify key personnel or facilities)

None

(End of Clause)

A.8 3052.219-71 DHS MENTOR-PROTÉGÉ PROGRAM (DEVIATION) (APR 2024)

(a) Large businesses are encouraged to participate in the DHS Mentor-Protégé program for the purpose of providing developmental assistance to eligible protégé entities to enhance their capabilities and increase their participation in DHS contracts.

(b) The program consists of:

(1) Mentor firms, which are large prime contractors capable of providing developmental assistance;

(2) Protégé firms, are small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small business concerns, Historically Black Colleges and Universities, and Minority Serving Institutions; and

(3) Mentor-Protégé agreements, approved by the DHS Office of Small and Disadvantaged Business

Utilization (OSDBU).

(c) Mentor participation in the program means providing business developmental assistance to aid protégés in developing the requisite expertise to effectively compete for and successfully perform DHS contracts and subcontracts.

(d) Large business prime contractors serving as mentors in the DHS Mentor-Protégé program are…