CSOP-BP-GS-26-0001 - CBP ILLEGAL TRANSSHIPMENT PILOT Solicitation_.pdf

Illegal Transshipment Pilot

COMMERCIAL SOLUTIONS OPENING PILOT PROGRAM (CSOP) SOLICITATION

CSOP-BP-GS-26-0001

ILLEGAL TRANSSHIPMENT PILOT

COMMERCIAL SOLUTIONS OPENING PILOT PROGRAM (CSOP)

GENERAL SOLICITATION

March 31, 2026

Table of Contents

1.0 GENERAL INFORMATION

1.1 BACKGROUND

3.0 SOLUTION BRIEF SUBMISSION REQUIREMENTS

3.1 SUBMISSION REQUIREMENTS

3.2 WRITTEN SOLUTION BRIEF REQUIREMENTS

3.2.1 CONTENT OF SOLUTION BRIEF

3.2.2 PROPRIETARY MARKINGS

4.0 EVALUATION OF SOLUTION BRIEFS

4.1 GENERAL

4.2 EVALUATION TIMELINE AND PHASES

4.2.1 PHASE 1 EVALUATION

4.3 PEER REVIEW TEAM EVALUATION

4.4 SOLUTION BRIEF EVALUATION AND NOTIFICATION TO SUBMITTERS .. 13

4.5 TECHNICAL DEMONSTRATIONS/ORAL PRESENTATIONS

5.0 FULL PROPOSAL SUBMISSION (PHASE II)

5.1 GENERAL

5.2 TECHNICAL APPROACH

5.3 PROPOSAL SOLUTION

5.4 PRICE INFORMATION

5.5 PHASE II EVALUATION

5.6 NOTIFICATION TO SUBMITTER DURING PHASE II

5.7 NEGOTIATION AND AWARD

6.0 PROTESTS TO THE AGENCY

7.1 ASSIGNMENT

7.2 PAYMENT AND INVOICE INSTRUCTIONS (APR 2014)

7.3 PAYMENTS

7.3.1 GENERAL

7.3.2 ADVANCE PAYMENTS

7.3.3 OVERPAYMENTS

7.3.4 INTEREST ON DEBT DUE TO GOVERNMENT BY THE CONTRACTOR

8.0 TERMS AND CONDITIONS

8.1 SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

8.2 INTELLECTUAL PROPERTY

8.3 RISK OF LOSS

8.4 TAXES

8.5 TITLE

8.6 WARRANTY

8.7 LIMITATION ON LIABILITY

8.8 OTHER COMPLIANCES

8.9 ORDER OF PRECEDENCE

8.10 UNAUTHORIZED OBLIGATIONS

8.11 COMMERCIAL SUPPLIER AGREEMENTS – UNENFORCEABLE CLAUSES 22

8.12 INCORPORATION BY REFERENCE

8.12.1 FAR CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

8.13 CHANGES

8.14 SUSPENSION AND TERMINATION PROCEDURES

8.16 DISPUTES

8.17 DEFINITIONS

8.18 ADDITIONAL TERMS AND CONDITIONS

8.19 FOREIGN NATIONALS

8.20 TERM OF THE CONTRACT

8.21 CONTRACT TYPE

8.22 OPTIONS

8.23 TEST EQUIPMENT - CBP APPROVAL OF PROPOSED EQUIPMENT

8.24 CONTRACTING OFFICER’S AUTHORITY

8.25 OPTION TO EXTEND THE TERM OF THE CONTRACT

8.26 OPTION FOR INCREASE IN QUANTITY

8.27 SHIPPING – F.O.B. DESTINATION

8.28 MODIFICATIONS TO THE CONTRACT

8.29 MODIFICATIONS

8.30 VERSION UPGRADING/ENGINEERING CHANGES

8.31 PRESS/NEWS RELEASE

8.32 52.224-3 PRIVACY TRAINING – ALTERNATE I (DEVIATION 17-03, REVISION

2) 32

8.33 HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JULY 2023)

ALTERNATE II

8.34 HSAR 3052.204-72 SAFEGUARDING OF CONTROLLED UNCLASSIFIED

INFORMATION (JULY 2023)

8.35 HSAR 3052.204-73 NOTIFICATION AND CREDIT MONITORING

REQUIREMENTS FOR PERSONALLY IDENTIFIABLE INFORMATION INCIDENTS

(JULY 2023)

8.36 INFORMATION TECHNOLOGY SECURITY AWARENESS TRAINING (JULY

2023) 48

ILLEGAL TRANSSHIPMENT PILOT

1.0 GENERAL INFORMATION

1.1 BACKGROUND

This is a procurement action using the commercial solutions opening (CSO) procedure in accordance with Section 880 of the National Defense Authorization Act (NDAA 880) for Fiscal Year 2017, Title VIII, §880 (Public Law 114-328), ), which was extended in December 2022 through 2027, and is subject to the limitations outlined in the Department of Homeland Security (DHS) Commercial Solutions Opening Pilot Program (CSOP) Guide. This procurement is part of the Department of Homeland Security (DHS)/Customs and Border Protection (CBP) CSOP and is being used to competitively procure innovative commercial items, technologies, and services.

CBP has developed this pilot program to be implemented outside the normal Federal Acquisition Regulation (FAR) requirements to engage traditional and non-traditional Government Contractors, including start-up companies and academia. This pilot program is intended to promote competition with a streamlined approach to address specific needs for innovative commercial items. This pilot program offers a range of advantages to open the field of competition so that the Government and taxpayers benefit from a large pool of solutions at a better cost and performance, including:

• General solicitation requiring only minimal corporate and technical information;

• Fast track vendor selection timelines;

• Preference for the vendor retaining core intellectual property.

CBP plays a critical role in the enforcement of trade regulations and the collection of customs revenue, positioning itself as the nation’s second largest revenue collection agency. In Fiscal Year 2025, CBP successfully collected $216.7 billion in duties, taxes, and fees, continuing a legacy of robust enforcement that has led to the collection of 99.5% of all customs tariff revenue owed to the U.S. since 1992.

Despite this high collection rate, unscrupulous importers continue to engage in deceptive practices to evade antidumping and countervailing duties, tariffs, and other trade regulations, harming compliant business and eroding the revenue base. Chief among these deceptive practices are illegal transshipment schemes, or the act of routing of goods through a third country to obscure their true country of origin and avoid higher tariffs.

To combat illegal transshipment, CBP has intensified its enforcement efforts by leveraging advanced technology, data analytics, and partnerships with other federal agencies and industry partners. These measures aim to detect and prevent illegal transshipment and other illicit schemes, ensuring compliance with trade laws and protecting U.S. economic interests.

Under the Illegal Transshipment Pilot, CBP will explore whether Artificial Intelligence (AI) technology solutions offered by the private sector can help uncover illegal transshipment schemes at scale and with a high degree of accuracy. This technology demonstration presents opportunities for the private sector and CBP to identify enforcement efficiencies and maximize revenue collection.

2.0 PROJECT DESCRIPTION

CBP will assess the value of Artificial Intelligence (AI) driven commercial solutions that identify imports which pose a high risk for illegal transshipment. The development and implementation of these private sector solutions will enable CBP to explore how cutting-edge technologies may be leveraged to inform enforcement actions that prevent high-risk imports from entering the U.S.

and/or lead to the identification of additional duties owed.

Vendors will deliver insights about illegal transshipment risk via referral packages to CBP. Referral packages shall articulate specific risk factors that vendors believe are indicative of illegal transshipment. Referral packages must also identify or be easily traced to imports that are in transit and have not yet arrived in the U.S. To support this requirement, vendors may choose to receive certain manifest information as described in the SOW. CBP will make manifest information available to vendors no later than 72 hours before imports are expected to arrive in the U.S.

Vendors will be given an opportunity to prove out the scalability and accuracy of their illegal transshipment solutions over the course of a no-cost, 180-day base period of performance.

Scalability will be measured by the number of actionable referral packages vendors submit to CBP. Accuracy will be measured by the percentage of referral packages that lead to the prevention of high-risk imports from entering the U.S. and/or the identification of additional duties owed. CBP will have full discretion over which referral packages to investigate based on confidence levels, potential revenue impact, ongoing or previous enforcement actions, and resource availability. Only referral packages that CBP chooses to investigate and act upon will be factored into its assessment of accuracy.

Vendors who achieve the base period of performance milestones defined in the SOW may be invited to perform up to two option periods with CBP. If a vendor successfully achieves all of the base period performance thresholds, CBP may, in its discretion, exercise the first option period.

If the first option period is exercised and the vendor successfully achieves the performance thresholds for option period 1, then CBP may, in its discretion, exercise the second option period.

The proposed pricing for each respective option period must fall within the range of $1,250,000 or less to be considered for award. Price proposals outside of this range will be deemed unacceptable.

The solutions delivered under the Illegal Transshipment Pilot as outlined in the SOW must drive enhancements and efficiencies around targeting for illegal transshipment, maximizing the collection of revenue owed to the U.S., and allocation of CBP resources towards areas of highest revenue risk. The desired end state for this SOW is to identify AI-driven solutions that demonstrate the ability to accurately detect illegal transshipment at a rate of 90 percent or higher—all without exposure to law enforcement sensitive algorithms CBP’s targeting models and other sensitive data sets. The results of this technology demonstration may inform an enterprise-wide, competitive procurement for AI-driven illegal transshipment detection tools.

Responses to this solicitation should: not exceed 20 pages; identify how the proposed services meet the objectives of this SOW; and include a sample referral package that articulates specific factors, data sources, and underlying AI-driven methodologies used to assess illegal transshipment risk.

Interested vendors must be willing and prepared to conduct demonstrations of their capabilities shortly after submitting written responses to this solicitation. At the conclusion of this procurement process, CBP may select several viable candidates to proceed with as part of this technology demonstration.

3.0 SOLUTION BRIEF SUBMISSION REQUIREMENTS

3.1 SUBMISSION REQUIREMENTS

There will be one submission window under this general solicitation (described below). Solution briefs are limited to a page count of 20 letter size pages (8.5” x 11”) with a font type of Times New Roman and a minimum font size of 12pt. The subject of the e-mail must be titled “CSOP- BP-GS-26-0001 Solution Brief – Vendor/Submitter’s Name”.

Oral presentations, technical challenge/demonstrations or other written information may be requested by the government at the sole discretion of the Contracting Officer to supplement the written solution brief at any time before potential award. Any oral presentations or demonstrations requested will be coordinated with the Submitter and may be conducted by videoconference, in-person, or by video submission, at the government’s discretion.

3.0.1 Submission Window:

All questions or requests for clarifications regarding this solicitation must be electronically submitted in writing no later than 3:00 pm Eastern Standard Time, April 7, 2026 to aristide.horugavye@cbp.dhs.gov, peter.a.giambone@cbp.dhs.gov & mailto:aristide.horugavye@cbp.dhs.gov mailto:peter.a.giambone@cbp.dhs.gov joshua.bedregal@cbp.dhs.gov. The subject of the e-mail must be titled “Request for Clarifications re: CSOP-BP-GS-26-0001.” Requests, questions, or comments which are time stamped after the question due date and time may not be accepted, nor receive a response from the Government, in the sole discretion of the CO.

Written solution briefs as described in section 3.2 of this solicitation must be submitted electronically by 3:00 pm Eastern Standard Time, April 24, 2026 to the following e-mail boxes: aristide.horugavye@cbp.dhs.gov, peter.a.giambone@cbp.dhs.gov & joshua.bedregal@cbp.dhs.gov.

3.2 WRITTEN SOLUTION BRIEF REQUIREMENTS

Solution briefs are limited to a total page count of twenty (20) letter size pages (8.5” x 11”).

3.2.1 CONTENT OF SOLUTION BRIEF

Section 1 - Compliance Questions (1 Page) Please indicate your understanding and acknowledgement/confirmation that your proposed solution complies with the following requirements:

1. Confirm and clearly describe that the technology solution proposed is a commercial item/solution.

2. Confirm and clearly describe that the technology solution proposed is innovative or how the commercial solution is offered in an innovative manner. Within the meaning of the statute, innovative is defined as: “Any new technology, process, or method, including research and development, or any new application of an existing technology, process, or method.”

3. Confirm your willingness and preparedness to conduct 60-90 minute in-person demonstrations of your capabilities shortly after submitting written responses, if requested, and indicate what your demonstration would entail.

4. Confirm your understanding that at the conclusion of this procurement process, CBP may select several viable candidates to proceed with as part of a technical demonstration to assess the value of AI-driven commercial solutions that identify entities and U.S.-bound imports that pose a high risk for illegal transshipment.

Section 2 - Solution Briefing Questions (Up to 9 pages) The written solution brief shall answer the following questions. Strict adherence to the page limits for each section as pages beyond the stated limit will not be considered for evaluation. Submit your responses in MS Word and Adobe PDF format.

mailto:joshua.bedregal@cbp.dhs.gov mailto:aristide.horugavye@cbp.dhs.gov mailto:joshua.bedregal@cbp.dhs.gov

1. Please indicate how your solution is intended to address the needs described in the SOW. Be specific about any methodologies, required inputs/outputs, strengths, and risks. Quantify, if possible, how your solution could scale beyond a testing pilot to fulfill the operational needs described in the SOW.

2. Describe your technology and its potential relevance to the project description outlined. Specifically, CBP would like submitters to address the following information with their solution brief:

• Technology to be applied, to include a detailed description of the hardware/software/system requirements providing the technical capability.

• The proposed technology capabilities.

• The discrete sources of information that will be used to generate referral packages and the AI-driven methodologies used to assess illegal transshipment risk.

3. Describe experience providing these solutions to existing clients.

4. Will you be able to comply 100% with the Technical Compliance requirements in the

SOW? If not, briefly justify any exception and the rationale to proceed.

5. Describe any AI-relevant experience working with the Federal Government and in

CBP’s specific mission space. If you have non-AI experience only, please describe the experience most relevant to this SOW.

6. What is your technique to creating unbiased, trustworthy AI systems or risk assessment models? What is your approach to building an explainable and transparent system?

7. How would you assess the resiliency of your capabilities when faced with adversarial attempts to misdirect or mislead your solution?

8. How are the AI algorithms evaluated?

9. What is the accuracy of any proposed AI capabilities?

10. Based on the scope laid out in the SOW, do you own all the rights to all the existing solutions you believe could be used to support the SOW?

11. What are the potential inherent risks in your proposed solution?

12. How long does it take your company to update software solutions to implement updated rules and regulations (E.g., executive orders)?

Section 3 – Sample Illegal Transshipment Referral Packages (Up to 10 Pages) Please provide a sample referral package to demonstrate what you’re proposing to deliver to CBP if selected to participate in the Illegal Transshipment Pilot. Your sample referral package must at a minimum:

1. Identify one or more entities and their affiliated imports that pose a high risk for illegal transshipment.

2. Provide specific factors that are indicative of illegal transshipment risk.

3. Describe the data sources and underlying AI-driven methodologies used to assess illegal transshipment risk.

3.2.2 PROPRIETARY MARKINGS

Submitters must mark any pages of written solution brief that contain business plans, technical information, pricing or other business sensitive information as proprietary information, which the Government agrees to safeguard.

To ensure that sensitive data is appropriately marked by the Submitter, include the following sentences on the cover page: “This solution brief includes data that shall not be disclosed outside the Government, except to non-Government personnel for evaluation purposes, and shall not be duplicated, used or disclosed – in whole or in part – for any purpose other than to evaluate this submission. If, however, an agreement is awarded to this Company as a result of – or in connection with – the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent agreed upon by both parties in the resulting agreement.

The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets].”

Each restricted data sheet must be marked as follows: “Use or disclosure of all data contained on this sheet is subject to the restriction on the title page of this solution brief.”

4.0 EVALUATION OF SOLUTION BRIEFS

4.1 GENERAL

Pursuant to the authority of NDAA 880, CBP has been vested with procedural discretion to make multiple contract awards resulting from the evaluation and determination of viable technology solutions. Proposals shall be evaluated on their individual merits rather than on a comparative basis. Besides the criterion described in section 4.2 below, all proposed solutions must clearly demonstrate how the commercial item is offered in an innovative manner. Within the meaning of the statute, innovative is defined as:

“Any new technology, process, or method, including research and development, or any new application of an existing technology, process, or method.”

Both the written solution brief and oral presentation, if applicable, will be evaluated against the evaluation criteria. Each solution brief submitted will be evaluated on its own merits against the evaluation criteria and will not be evaluated against other solution briefs in order to make an award determination. It is within the Government’s discretion to accept more than one solution brief for an award resulting from this solicitation. The Government reserves the right to request oral presentations, technical demonstrations, or additional written information, if applicable, from one or more Submitters at any time during the solicitation period.

4.2 EVALUATION TIMELINE AND PHASES

The following table shows the Government’s estimated evaluation schedule and different phases of evaluation.

Phase Submission Due Date

1 Solution Brief (Not to Exceed 20 Pages)

04/24/2026

(Optional)

Technical Demonstration &/or Oral Presentation

Upon notice

2 Full Proposal (Not to Exceed 25 Pages)

2 weeks from Notice or when requested by the Contracting Officer

Phase 1: The evaluation of this phase is described herein section 4.2 in the succeeding paragraphs above.

Phase 1 (Optional): Technical demonstrations or oral presentations may be conducted, but by invitation only. Invitations will only be extended to those Submitters who have been determined to be a potentially viable solution from the Phase 1 evaluation described here in section 4.2. The purpose of technical demonstrations shall be for the Submitter to validate their claims as proposed in the solution brief.

Phase 2: Proposed solutions determined to be viable in Phase 1 will be invited to submit a full proposal to further contract discussions and the potential formation of a resulting contract.

Section 5.0 below describes the content required for a full proposal submission.

4.2.1 PHASE 1 EVALUATION

The following evaluation criteria shall be used to evaluate the written solution brief and oral presentation. The evaluation criteria are listed below in order of importance from top to bottom.

Note: CBP will only make an award resulting from this general solicitation to a solution that provides an innovative commercial item, as defined in Section 4.1.

The evaluation of Criterion I, II, III, and optional Criterion IV, if necessary, will each be evaluated holistically with a rating scale of "high confidence," "some confidence," and "low confidence," representing the Government’s confidence that the Submitter understands the requirement and will be successful in performing the work.

Confidence Level Rating

Definition

High Confidence

The Government has High Confidence that the Submitter understands the requirement, proposes a sound approach, and will be successful in performing a CSOP contract with little or no Government intervention.

Some Confidence

The Government has some confidence that the Submitter understand the requirement, proposes a sound approach, and will be successful in performing a CSOP Contract with little or no Government intervention.

Low Confidence

The Government has low confidence that the Submitter understands the requirement, proposes a sound approach, or will be successful in performing a CSOP Contract even with Government intervention.

• Criterion I: Capabilities Approach. Responsiveness and relevance to the project description.

This includes the breadth of the responsiveness to desired solution (Trade Solution) the commercial item represents, including the assessed potential of the technology solution for addressing CBP’s capability gaps provided in sections 1 and 2 of this solicitation, and solution methodology. The assessment will result in a Confidence Level Rating.

• Criterion II: Transition Approach. An assessment will be made regarding how the proposed technology/solution will be leveraged in CBP operations (e.g., commercialized or used by CBP). The assessment will determine the likelihood that the Submitter will be able to successfully support the deployment of a Trade Solution into the CBP operational environment to support the CBP user community. The assessment will result in a Confidence Level Rating.

• Criterion III: Submitter’s Related Experience. The Submitter’s prior experience (both Government and non-government) in similar efforts will be assessed to determine if the Submitter clearly demonstrates an ability to deliver solutions that meet the proposed technical performance. The assessment for this criterion will include evaluating any corporate viability requirements specified in the solicitation. The assessment will result in a Confidence Level Rating.

• Optional Criterion IV (If requested): Technical Challenge and/or Orals Presentation. An assessment will be made regarding the demonstration of proposed solution. This assessment will include the Submitter’s understanding of the Government’s Objectives and Outcomes and the likelihood of the Submitter successfully performing the prospective contract resulting in a Confidence Level Rating.

4.3 PEER REVIEW TEAM EVALUATION

A peer review team will be used to evaluate the solution briefs or optional technical challenge/oral presentations, if applicable, submitted in response to this solicitation. The peer review team will consist of U.S. Government and Contractor employees.

4.4 SOLUTION BRIEF EVALUATION AND NOTIFICATION TO SUBMITTERS

Solution briefs will be evaluated in accordance with the evaluation criteria defined in section 4.2.

After evaluating the Submitter’s written solution briefs, CBP will formally notify the Submitter whether an oral presentation or other supplemental information is requested to supplement the written solution brief, their solution brief was not selected for award, or the submitter is being advanced to participate in Phase II of this solicitation. Submitters not selected for award may request, within 5 calendar days of notification of non-selection, feedback regarding the technical review findings of their submitted solution brief.

4.5 TECHNICAL DEMONSTRATIONS/ORAL PRESENTATIONS

The Government reserves the right to request oral presentations, technical demonstrations, or additional written information, if applicable, from one or more Submitters. The Government is likely to conduct technical challenges/demonstrations and Oral Presentations as a follow-up evaluation to the solution briefs but is not required to in order to advance submitters on to the next solicitation phase or to make an award.

If Submitters are invited to conduct a technical demonstration, the Submitter shall provide and be responsible for all costs related to the labor, supervision, tools, materials, equipment, transportation, and management necessary for a technical demonstration to be conducted under this General Solicitation. This is just a preliminary notice to industry for what the contractor shall be responsible for in the event a vendor is requested to conduct a technical demonstration. This is not an exhaustive list of costs the submitter may be responsible for related to conducting technical demonstrations.

5.0 FULL PROPOSAL SUBMISSION (PHASE II)

5.1 GENERAL

When invited to proceed to Phase II by the Government after an evaluation of the Submitter’s solution brief (and/or optional oral presentation/technical demonstration) in accordance with Section 4, the Government will request Submitters to develop and submit a full proposal.

Companies may discuss ideas and details of the proposal with the Government prior to submission. Upon notice to proceed to Phase II, each proposal submitted shall consist of three sections responding to the Government’s SOW:

• Section 1: Technical Information

• Section 2: Proposal Solution

• Section 3: Price Information

The cost of preparing proposals in response to this Request is not considered a direct charge to any resulting CSOP contract award or any other contract. Proposal preparation costs are not recoverable.

Proposals shall be limited to a page count of 25 letter size pages (8.5” x 11”), with a font type of times new roman and a minimum font size of 12pt. Submitters will be given further submittal instructions at the time of invitation.

5.2 TECHNICAL APPROACH

Describe the background and objectives of the proposed work. Include the nature and extent of the anticipated results. Discuss any risks and proposed mitigation strategy to address the risks.

Include ancillary and operational issues such as certifications, algorithms, and any engineering/software development methodologies to be used. Identify the type of support, if any, the Company requests of the Government in general such as facilities, equipment, data, and information or materials.

5.3 PROPOSAL SOLUTION

The Submitter must submit a proposal solution as part of their final proposal that identifies the work to be performed and the deliverables. Provide a detailed project schedule that outlines the various phases of work to be accomplished within the proposed period of performance.

5.4 PRICE INFORMATION

The Submitter must submit the total price to complete the project and shall provide any other data or supporting information that the parties agree is necessary for the determination of a fair and reasonable price. A milestone schedule shall be included which clearly indicates the completion of the priced tasks and/or priced deliverables that are required to meet each of the milestones. For Firm-Fixed-Price agreements, the milestone schedule will serve as a payment schedule for any subsequent award. The proposed pricing for each respective option period must fall within the range of $1,250,000 or less to be considered for award. Price proposals outside of this range will be deemed unacceptable.

5.5 PHASE II EVALUATION

The PHASE II proposal submitted in response to this solicitation shall be evaluated on the following:

• Submitter’s demonstrated understanding of the work to be performed and ability to meet the Government’s requirements as stated in the solicitation, including the Statement of Work; and

• Price reasonableness, as determined by the Government to ensure that award is made at a fair and reasonable price. The Government may request supporting information to support a fair and reasonable determination of the submitter’s price.

A contract may be awarded to a submitter whose proposal conforms to the requirements of the solicitation (to include all stated terms, conditions, representations, certifications, and all other information required by in other sections) and is judged to represent an acceptable technical/cost solution for the Government’s requirements. The submitter must be considered responsible within the meaning of FAR RFO 9.104.

In addition to the specific evaluation criteria contained above in this section of the solicitation, the Contracting Officer will consider the following additional factors in the peer review selection process:

a) The submitter must respond to all the requirements of the solicitation and must include in its proposal all information specifically required in all sections of the solicitation.

b) Award of a contract cannot be made to any submitter unless an agreement can be secured for all stated terms, conditions, representations, certifications, and all other information required by the solicitation.

c) Award of a contract can only be made to a submitter:

1) Whose proposal is technically acceptable or represents the best value;

2) Whose proposed price is determined reasonable; and

3) Who is considered to be responsible within the meaning of FAR RFO 9.104.

5.6 NOTIFICATION TO SUBMITTER DURING PHASE II

CBP will notify the Submitter whether their submission has been accepted for award, further negotiation is requested, or if the submission is not accepted for award. As the government may elect to issue multiple resultant awards, certain submitters may receive award notifications prior to others. While initial award(s) may be placed, other submitters may receive future awards as funding and government needs warrant. However, the Government is not required to make an award, and favorably rated submitters are not entitled to receive an award.

5.7 NEGOTIATION AND AWARD

Based on the Phase 1 & 2 evaluations, the government may enter directly into negotiations with each submitter to make a resultant award. The government is not obligated to enter into negotiations with every submitter.

6.0 PROTESTS TO THE AGENCY

Protests under CSOP awards shall be adjudicated as prescribed under CBP Agency-Level protest procedures only.

Protest submissions shall be sent via e-mail to Contracting Officer, Peter Giambone at peter.a.giambone@cbp.dhs.gov.

Submitters may seek assistance from the agency Advocate for Competition. The Department Advocate for Competition and Procuring Activity Advocates for Competition are shown on the Doing Business with DHS page, and is accessible at:

https://www.dhs.gov/competition-advocates-and-task-order-and-delivery-order-ombudsman.

7.0 INVOICES AND PAYMENT

7.1 ASSIGNMENT

The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

7.2 PAYMENT AND INVOICE INSTRUCTIONS (APR 2014)

(a) The contractor shall submit an original invoice/voucher, via postal mail or electronic mail (email), simultaneously to the following:

(1) U.S. Customs and Border Protection Commercial Accounts Section 6650 Telecom Drive, Suite 100 Indianapolis, Indiana 46278

OR email: cbpinvoices@dhs.gov (Preferred)

(2) Contracting Officer or Contract Administrator (CO or CA) [fill in at time of award] DHS/U.S. Customs and Border Protection Attention: [Contracting Officer Name] Email: [Contracting Officer Email address] Phone: [Contracting Officer Phone Number]

(3) Contracting Officer’s Representative (COR) or Point of Contact [fill in at time of award] DHS/U.S. Customs and Border Protection Attention: [COR or POC Name] Email: [COR or POC Email address] Phone: [COR or POC Phone Number]

(b) The invoice shall include a detailed report of all items and services invoiced for. The CO, in conjunction with the COR and NFC, will determine whether the invoice is proper or improper within seven (7) days of receipt. Improper invoices will be returned to the contractor within seven (7) days of receipt.

7.3 PAYMENTS

7.3.1 GENERAL

The Government shall pay the Contractor 30 days after the service period, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract.

Unless otherwise specified in the contract, the Government may make payment on partial deliveries accepted by the Government if either:

• The amount due on the deliveries warrants it.

• The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

7.3.2 ADVANCE PAYMENTS

Advance payments are prohibited unless a statute specifically authorizes the advance payment.

7.3.3 OVERPAYMENTS

If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall:

• Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the:

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

o Affected contract number and delivery order number, if applicable;

o Affected line item or subline item, if applicable; and Contractor point of contact.

• Provide a copy of the remittance and supporting documentation to the Contracting Officer.

7.3.4 INTEREST ON DEBT DUE TO GOVERNMENT BY THE CONTRACTOR

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

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

• Final decisions. The Contracting Officer will issue a final decision if:

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

o The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or o The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer.

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

• Amounts shall be due at the earliest of the following dates:

o The date fixed under the contract.

o The date of the first written demand for payment, including any demand for payment resulting from a default termination.

• The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on:

o The date on which the designated office receives payment from the Contractor;

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

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

8.0 TERMS AND CONDITIONS

The terms and conditions defined throughout this section are applicable only to a resulting contract award as described in the preceding sections of this general solicitation.

8.1 SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

Successful Submitters not already registered in SAM will be required to register prior to award of any contract. Information regarding SAM registration is available at https://sam.gov. See the following Quick Start Guide for specific guidance on SAM registration:

https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract-Registration.pdf. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequently update its information to ensure it is current, accurate and complete.

The Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database.

https://sam.gov/ https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract-Registration.pdf

If Contractor is authorized to make subawards under this award, Contractor:

(1) Must notify potential subcontractors that no entity may receive a subcontract from Contractor unless the entity has provided its UEI number to Contractor.

(2) May not make a subcontract to an entity unless the entity has provided its UEI number to Contractor; and

(3) Contractor's financial records, supporting documents, statistical records, and all other records pertinent to an award shall be retained by the contractor for the term of the contract. The CO shall be allowed access to these records.

8.2 INTELLECTUAL PROPERTY

Intellectual property rights shall be negotiated prior to a resulting contract award with those submitters deemed to have submitted a successful proposal from Phase 2. The mutually agreed upon intellectual property terms and conditions shall be inserted into this section at the time of award.

8.3 RISK OF LOSS

Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

• Delivery of the supplies to a carrier, if transportation is Free on Board (FOB) origin, or

• Delivery of the supplies to the Government at the destination specified in the contract if transportation is FOB destination.

8.4 TAXES

The contract price includes all applicable Federal, State, and local taxes and duties.

8.5 TITLE

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

8.6 WARRANTY

In addition to any other warranties provided by the contractor, The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

8.7 LIMITATION ON LIABILITY

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

8.8 OTHER COMPLIANCES

The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. The contractor shall retain and maintain all records of performance, whether technical, business, and financial or other under this contract for a period of three years after the completion of this contract. Those records shall be maintained in a manner that will provide easy access, use, and search by representatives of the CO or the Government Accountability Office.

8.9 ORDER OF PRECEDENCE

Any inconsistencies in this solicitation and contract shall be resolved by giving precedence in the following order:

1. The schedule of supplies/services.

2. The clauses of this contract, which include but are not limited to, the Assignments, Disputes, Payments, Invoice, Other Compliances, Unauthorized Obligations, and Commercial Supplier Agreements – Unenforceable Clauses sections of this contract.

3. Solicitation provisions if this is a solicitation.

4. Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements – Unenforceable Clauses section of this contract, unless in confliction with Section 8.11 of this Contract.

5. Other documents, exhibits, and attachments.

6. The specification.

8.10 UNAUTHORIZED OBLIGATIONS

8.10.1 Except as stated in Section 8.10.2, when any supply or service acquired under this contract is subject to any commercial supplier agreement that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

• Any such language, provision, or clause is unenforceable against the Government.

• 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 commercial supplier agreement. If the commercial supplier 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.

• Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

8.10.2 Section 8.10.1 does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

8.11 COMMERCIAL SUPPLIER AGREEMENTS – UNENFORCEABLE CLAUSES

When any supply or service acquired under this contract is subject to a commercial supplier agreement, the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

• Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

o Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument.

o End User. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

o Laws and Disputes. This agreement is governed by Federal law.

Any language purporting to subject the U.S. Government to laws of a U.S.

state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

o Continued Performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under applicable Federal statute while continuing performance as set forth below in this section.

o Arbitration; Equitable or Injunctive Relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute.

o Updating Terms.

After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as:

• Terms that change Government rights or obligations;

• Terms that increase Government prices;

• Terms that decrease overall level of service; or

• Terms to limit any other Government right addressed elsewhere in this contract.

For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

o No Automatic Renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative approval.

o Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

o Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user’s compliance with this agreement is hereby amended as follows:

Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

This charge, if disputed by the ordering activity, will be resolved through the Disputes section of this contract.

Any audit requested by the Contractor will be performed at the Contractor’s expense, without reimbursement by the Government.

o Taxes or Surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

o Non-Assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval.

o Confidential Information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

• If any language, provision, or clause of this agreement conflicts or is inconsistent with Section 8.11, the language and provisions of Section 8.11 shall prevail to the extent of such inconsistency.

8.12 INCORPORATION BY REFERENCE

Any Contractor representations and certifications completed electronically via the System for Award Management (SAM) are incorporated by reference into the contract.

8.12.1 FAR CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

• FAR Clause 52.203-16, PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020) (applies if conditions are met at FAR provision 3.1106(a))

• FAR Clause 52.203-17, CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(NOV 2023)

• FAR Clause 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (AUG 2025)(Deviation 25-23)

• FAR Clause 52.240-91 Security Prohibitions and Exclusions (AUG 2025)(Deviation 25- 23)

• FAR Clause 52.222-50, COMBATING TRAFFICKING IN PERSONS (NOV 2021)

• FAR Clause 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2025)(Deviation 26-10) (applies if conditions are met at FAR RFO provision 22.1802-2, unless any of the exceptions apply from FAR 22.1802-2 (a), (b), or (c))

Solicitation provisions listed herein will be removed from the resultant contract.

8.13 CHANGES

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

8.14 SUSPENSION AND TERMINATION PROCEDURES

8.15.1 The Government reserves the right to terminate the CSOP for cause or for convenience of the Government.

8.15.1.1 The CO may suspend performance of this contract at any time by providing written notice to the contractor. Upon receipt of such a notice, the contractor shall cease performance until the CO either (1) withdraws the suspension of work in writing or (2) notifies the contractor in writing of his or her intention to terminate this contract whether for convenience of the Government or for cause. If the suspension results in the incurrence of costs that the contractor was unable to avoid, the contractor may request an equitable adjustment in writing to the CO.

8.15.1.2 If the CO fails to provide further instructions within sixty (60) days from the notice to suspend work, this contract will be considered terminated for the convenience of the Government, and the contractor will cooperate with the Government with closing out the contract.

8.15.1.3 The CO may terminate this contract in whole or in part for the convenience of the Government at any time by written notice. The contractor shall then cease further performance and take all reasonable measures to minimize any further incurrence of costs.

8.15.1.4 If the contractor fails to comply with the terms and conditions of this contract, the CO will provide written notice of…