COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Document Type: Combined Solicitation/Synopsis Solicitation Number: 70B03C26Q00000164_Pest Control Svcs.

Posted Date: 06/15/2026 Response Due: 06/22/2026 Title: Pest Control Management Services Product Service Code (PSC): S207 NAICS Code: 561710

Primary Point of Contact:

Contract Specialist Jesus Solis Jesus.solis@cbp.dhs.gov

Description

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with Revolutionary FAR Overhaul (RFO) Part 12. This announcement constitutes the only solicitation Quotes are being requested and a separate written solicitation will not be issued.

This acquisition is a total set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov Revolutionary FAR Overhaul | Acquisition.GOV FAR

The U.S. Customs and Border Protection (CBP), U.S. Border Patrol San Diego Sector (San Diego Sector) has a requirement for commercial Pest Control Management Services throughout the surrounding stations, checkpoints, and facilities. The services offered must meet or exceed the specifications/description in the attached statement of work (SOW) and enough detailed specifications must be submitted with the quote for a technical review to be completed without holding discussions.

Combined Solicitation/Synopsis 70B03C26Q00000164_Pest Control Svcs. is issued as a Request for Quotes (RFQ) for Pest Control Management Services. The Government intends to award a firm-fixed-price contract for a base period of one year and four (4), 12-month option periods.

All interested companies shall provide a firm-fixed-price quote for the base year, plus all four (4), 12-month option periods, and shall complete Attachment 2_Quotation Pricing Sheet.

INTERESTED CONTRACTORS SHALL INCLUDE, ALONG WITH THEIR QUOTE PACKAGE,

THE BUSINESS LICENSE, ISSUED BY THE STATE OF CALIFORNIA, TO PROVIDE PEST

CONTROL SERVICES, AS WELL AS THE STATE CERTIFICATION. BE ADVISED THAT ONLY

CONTRACTORS WHO POSSESS AND INCLUDE THESE DOCUMENTS IN THEIR QUOTE

PACKAGE WILL BE CONSIDERED FOR AWARD.

http://www.acquisition.gov/ https://www.acquisition.gov/far-overhaul https://www.acquisition.gov/sites/default/files/page_file_uploads/RFO.pdf

70B03C26Q00000164

SECTION I SCHEDULES

I.1 SCHEDULE OF SUPPLIES/SERVICES

ITEM # DESCRIPTION

10 OPS-PEST-SDC SECTORWIDE (Base)

20 OPS-PEST-SDC SECTORWIDE (OY1)

30 OPS-PEST-SDC SECTORWIDE (OY2)

40 OPS-PEST-SDC SECTORWIDE (OY3)

50 OPS-PEST-SDC SECTORWIDE (OY4)

TOTAL CONTRACT VALUE:

I.2 DELIVERY SCHEDULE

DELIVER TO: ITEM # DELIVERY PERIOD

Customs and Border Protection SDBP Maintenance Shop 7684 Pogo Row San Diego, CA 92154

10 09/15/2026 - 09/14/2027

20 09/15/2027 – 09/14/2028 30 09/15/2028 – 09/14/2029 40 09/15/2029 – 09/14/2030 50 09/15/2030 – 09/14/2031

SECTION II CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and ef fect as if they were given in full text. Upon request, the Contracting Of f icer 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 Revolutionary FAR Overhaul | Acquisition.GOV

FAR

(End of clause)

II.2 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023)

II.3 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

II.4 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

II.5 52.222-3 CONVICT LABOR (JUN 2003)

II.6 52.222-41 SERVICE CONTRACT LABOR STANDARDS

II.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

II.8 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS)

II.9 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

II.10 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2024)

II.11 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

II.12 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT

2018)

II.13 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

II.14 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

II.15 52.237-2 PROTECTION of GOVERNMENT BUILDINGS, EQUIPMENT, and VEGETATION (APR 1984)

II.16 52.244-5 COMPETITION IN SUBCONTRACTING (AUG 2024)

II.17 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 specif ied 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 6 months. The Contracting Of f icer may exercise the option by written notice to the Contractor within 60 days.

(End of clause)

II.18 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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 DAYS 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 5 Years

(Base Year, plus 4 Option Years).

http://www.acquisition.gov/ https://www.acquisition.gov/far-overhaul https://www.acquisition.gov/sites/default/files/page_file_uploads/RFO.pdf

II.19 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)" af ter 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)” af ter the name of the regulation.

(End of clause)

II.20 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025)(DEVIATION 25-19)

(a) Definitions. As used in this clause–

Commercial and Government Entity code means–

(1) An identif ier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identif ier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master f ile (referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identif ier used to identify a specif ic commercial, nonprof it, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award

Management (SAM) at https://www.sam.gov during contract performance and through f inal payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting f rom the Government’s reliance on inaccurate or incomplete information.

Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Of f icer a minimum of one business day’s written notif ication of its intention to–

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specif ied by the responsible Contracting Of f icer. The Contractor shall provide with its written notif ication suf f icient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to ref lect an assignee for the purpose of assignment of claims (see FAR part 32).

Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

https://www.sam.gov/

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f ) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Of f icer within 30 days af ter the change, so a modif ication can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

II.21 52.209-6 PROTECTING the GOVERNMENT'S INTEREST WHEN SUBCONTRACTING with CONTRACTORS

DEBARRED, SUSPENDED, PROPOSED for DEBARMENT, or VOLUNTARILY EXCLUDED (NOV

2025)(DEVIATION 25-27)

(a) Definition. As used in this clause–

Commercially available off-the-shelf (COTS) item

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as def ined in paragraph (1) of the def inition of “commercial product” in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Of fered to the Government, under a contract or subcontract at any tier, without modif ication, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as def ined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available of f -the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specif ied in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless a compelling reason exists to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specif ied in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available of f -the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.

(d) A corporate of f icer or a designee of the Contractor shall notify the Contracting Of f icer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available of f -the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor’s knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specif ic basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modif ied for the identif ication of the parties), in each subcontract that–

(1) Exceeds the threshold specif ied in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available of f -the-shelf items.

II.22 52.209-10 PROHIBITION on CONTRACTING with INVERTED DOMESTIC CORPORATIONS (NOV

2025)(DEVIATION 25-27)

(a) Definitions. As used in this clause-

Inverted domestic corporation means a foreign incorporated entity that meets the def inition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and def initions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned–

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, applicable law may prohibit the Government f rom paying for Contractor activities performed af ter the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-3.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Of f icer within f ive business days f rom the date of the inversion event.

(End of clause)

II.23 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES

(AUG 2025) (DEVIATION 25-21)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Def initions, 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 af ter 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 f inancing 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 f inal 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, f ires, f loods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall –

(1) Notify the Contracting Of f icer in writing as soon as possible;

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

(3) Notify the Contracting Of f icer 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 of f icers, employees, and agents against liability, including costs, for actual or alleged direct or contributory inf ringement of , or inducement to inf ringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notif ied 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 of fered for early payment, time shall be computed f rom the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specif ied payment date if an electronic funds transfer payment is made.

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

(i) Remit the overpayment amount to the payment of f ice 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) Af fected contract number and delivery order number, if applicable;

(C) Af fected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Of f icer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest f rom 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 f ixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Of f icer will issue a f inal decision as required by 33.211 if –

(A) The Contracting Of f icer 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 Of f icer within the timeline specif ied 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 Of f icer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the f inal 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 f ixed under this contract.

(B) The date of the f irst written demand for payment, including any demand for payment resulting f rom a default termination.

(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 of f ice receives payment f rom the Contractor;

(B) The date of issuance of a Government check to the Contractor f rom 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 ef fect on the date of this contract.

(j) Risk of loss. Unless the contract specif ically 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 specif ied 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 ref lecting 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 f rom 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 specif ied 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 hereunder are merchantable and f it 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 f rom any defect or def iciencies 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 inf luence 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-f inanced 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 specif ication.

(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-Def iciency 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 f rom the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnif ication by the Government that is expressly authorized by statute and specif ically 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 simplif ied 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 of f ices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years af ter f inal payment under this contract or for any shorter period specif ied in FAR part 4, longer period required by statute, or periods specif ied 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 af ter any resulting f inal 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 f inally 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 certif ications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

II.24 52.219-6 NOTICE of TOTAL SMALL BUSINESS SET-ASIDE (OCT 2025)(DEVIATION 26-03)

(a) Definition. Small business concern, as used in this clause–

(1) Means a concern, including its af f iliates, that is independently owned and operated, not dominant in the f ield of operation in which it is bidding on Government contracts, and qualif ied as a small business under the size standards in this solicitation.

(2) Af f iliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether af f iliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines af f iliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.4 and 16.5.

(c) General.

(1) Of fers are solicited only f rom small business concerns. Of fers received f rom concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting f rom this solicitation will be made to a small business concern.

II.25 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2025)(DEVIATION 26-03)

(a) Definitions. As used in this clause–

Long-term contract means a contract of more than f ive years in duration, including options. However, the term does not include contracts that exceed f ive years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern–

(1) Means a concern, including its af f iliates, that is independently owned and operated, not dominant in its f ield of operation, and qualif ied as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(2) Af f iliates, as used in this def inition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether af f iliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines af f iliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identif ied in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days af ter execution of a novation agreement or within 30 days af ter modif ication of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days af ter a merger or acquisition that does not require a novation or within 30 days af ter modif ication of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the f if th year of the contract; and

(ii) Within 60 to 120 days prior to the date specif ied in the contract for exercising any option thereaf ter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in ef fect at the time of this rerepresentation that corresponds to the North American Industry Classif ication System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself , for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition–

(1) Was set aside for small business and has a value above the simplif ied acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certif ications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they ref lect the Contractor's current status. The Contractor shall notify the contracting of f icer in writing within the timeframes specif ied in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f ) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certif ications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting of f ice, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as def ined in 13 CFR 124.1001.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The of feror represents, as part of its of fer, It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____. ] Each HUBZone small business concern participating in the HUBZone joint venture must be certif ied as a HUBZone concern. [ Contractor to sign and date and insert authorized signer's name and title.______________________ ]

(End of clause)

II.26 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (OCT 2025) (DEVIATION 26-10)

(a) Equal opportunity clause. The Contractor must abide by the requirements of the equal opportunity clause at 41 CFR

60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualif ied individuals on the basis of disability, and requires af f irmative action by the Contractor to employ and advance in employment qualif ied individuals with disabilities.

(b) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order in excess of the threshold specif ied in Federal Acquisition Regulation (FAR) 22.1401-2(a)(1) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor must act as specif ied by the Director, Of f ice of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

II.27 52.222-90 ADDRESSING DEI DISCRIMINATION by FEDERAL CONTRACTORS (APR 2026) (DEVIATION 26-10, Revision 2)

(a) Definitions. As used in this clause–

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Of f icer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Of f icer and take any appropriate remedial actions directed by the Contracting Of f icer; and

(5) The Contractor will inform the Contracting Of f icer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

II.28 52.233-1 DISPUTES (AUG 2025) (DEVIATION 25-25)

(a) Definitions. As used in this clause-

Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C. chapter 71 until certif ied. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under 41 U.S.C. chapter 71, by complying with the submission and certif ication requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

Defective certification means a certif ication that alters or otherwise deviates f rom the language in paragraph (d)(2)(iii) of this clause or which is not executed by a person authorized to bind the contractor with respect to the claim. Failure to certify must not be deemed to be a defective certif ication.

(b) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

(c) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract must be resolved under this clause.

(d)(1) A claim by the Contractor must be made in writing and, unless otherwise stated in this contract, submitted within 6 years af ter accrual of the claim to the Contracting Of f icer for a written decision. A claim by the Government against the Contractor must be subject to a written decision by the Contracting Of f icer.

(2) (i) The Contractor must provide the certif ication specif ied in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certif ication requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certif ication must state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief ; that the amount requested accurately ref lects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.”

(3) The certif ication may be executed by any person authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Of f icer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certif ied claims over $100,000, the Contracting Of f icer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f ) The Contracting Of f icer's decision must be f inal unless the Contractor appeals or f iles a suit as provided in 41 U.S.C.

chapter 71.

(g) If the claim by the Contractor is submitted to the Contracting Of f icer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an of fer for ADR, the Contractor must inform the Contracting Of f icer, in writing, of the Contractor's specif ic reasons for rejecting the of fer.

(h)(1) The Government must pay interest on the amount found due and unpaid f rom the date that-

(i)The Contracting Of f icer receives the claim (certif ied, if required); or

(ii) Payment otherwise would be due, if that date is later, until the date of payment.

(2) For claims having defective certif ications, interest must be paid f rom the date that the Contracting Of f icer initially receives the claim. Simple interest on claims must be paid at the rate, f ixed by the Secretary of the Treasury as provided in the Act, which applies to the period during which the Contracting Of f icer receives the claim and then at the rate that applies for each 6-month period as f ixed by the Treasury Secretary while the claim is pending.

(i) The Contractor must proceed diligently with performance of this contract, pending f inal resolution of any request for relief , claim, appeal, or action arising under the contract. The Contractor must comply with any decision of the Contracting Of f icer.

(End of clause)

II.29 52.233-3 PROTEST AFTER AWARD (AUG 2025) (DEVIATION 25-25)

(a) Upon receipt of a stop-work order, the Contractor must immediately comply with its terms and take all reasonable steps to minimize incurring costs allocable to the work covered by the order during the period of work stoppage. Af ter receiving the f inal decision in the protest, the Contracting Of f icer must either–

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the

Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or af ter a f inal decision in the protest, the

Contractor must resume work. The Contracting Of f icer must make an equitable adjustment in the delivery schedule or contract price, or both, and the contract must be modif ied, in writing, accordingly, if–

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days af ter the end of the period of work stoppage;

provided, that if the Contracting Of f icer decides the facts justify the action, the Contracting Of f icer may receive and act upon a proposal submitted at any time before f inal payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Of f icer must allow reasonable costs resulting f rom the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Of f icer must allow, by equitable adjustment or otherwise, reasonable costs resulting f rom the stop-work order.

(e) The Government's rights to terminate this contract at any time are not af fected by action taken under this clause.

(f ) If , as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertif ication, a protest related to this contract is sustained, and the Government pays costs, the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of subpart 32.6, the Government may collect this debt by of fsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

(End of clause)

II.30 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (AUG 2025) (DEVIATION 25-25

United States law will apply to resolve any claim of breach of this contract.

(End of clause)

II.31 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION 20-05) (NOV 2025)

(a) Definitions. As used in this clause–

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity…