DRAFT - RFP 70B03C26R00000089 - NII MEP LEP.pdf

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Request for Information (RFI) - Large-Scale Fixed Systems - Multi-Energy Portal and Low-Energy Portal
Solicitation number
70B03C26R00000089
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This is a Request for Information (RFI) and Indefinite Delivery Indefinite Quantity (IDIQ) contract solicitation issued by the U.S. Customs and Border Protection (CBP), Department of Homeland Security (DHS).

Solicitation Overview and Key Dates

The solicitation number is 70B03C26R00000089, with an issue date of May 7, 2026, and a proposal deadline of May 21, 2026, at 12:00 PM EST. The RFI is for government market research purposes and does not constitute a commitment to conduct a procurement, though responses may influence subsequent solicitations. The anticipated award effective date is May 21, 2026. Responses to this RFI are not binding offers and cannot form a contract; respondents are responsible for all associated expenses, including product demonstrations.

Products/Services and Contract Structure

CBP is soliciting proposals for Multi Energy Portal (MEP) and Large Energy Portal (LEP) X-Ray systems for the Non-Intrusive Inspection (NII) Program. The anticipated contract structure is a multiple-award IDIQ with a five-year ordering period spanning FY26 through FY31, including ten years of maintenance. The minimum guarantee is one MEP or LEP system, with a maximum buy of 60 systems (including optional line items) and a ceiling of $1.4 billion. Delivery is FOB Destination for CONUS locations, with additional charges quoted at the order level for OCONUS destinations. The contract permits option lines for increased quantities, systems, training, and maintenance, with firm-fixed price or time-and-material pricing structures available. The NAICS code is 334517 with no set-aside designation (unrestricted, 0%). Submissions must include four volumes: Technical Acceptability and Video (10-minute maximum), Factor 1 Technical narrative (30-page limit), Factor 2 Past Performance (10-page limit), and Pricing information with signed RFP and required certifications. All submissions must be received electronically by the deadline specified in the solicitation.

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12. DISCOUNT TERMS

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS

6. SOLICITATION

ISSUE DATE

3. AWARD/EFFECTIVE DATE 5. SOLICITATION NUMBER2. CONTRACT NUMBER 4. ORDER NUMBER

a. NAME b. TELEPHONE NUMBER (No collect calls)7. FOR SOLICITATION

INFORMATION CALL:

SET ASIDE : % FOR:

SMALL BUSINESS

NAICS:

SIZE STANDARD:

HUBZONE SMALL

BUSINESS

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

IFB RFPRFQ

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN OFFER.

8(A)

00/00/0000 70B03C26R00000089

Max Hempe 202-316-2945 05/21/2026 12:00 PM EST

DHS - Customs & Border Protection

Border Enforcement Contracting Division

1300 Pennsylvania Ave, NW

Washington DC 20229

334517

See Attached Delivery Schedule DHS - Customs & Border Protection Border Enforcement Contracting Division 1300 Pennsylvania Ave, NW

Washington DC 20229

US Customs and Border Protection

FAD Mail Stop 203-V

8899 E. 56th Street

Indianapolis IN 46249

PAGE OF PAGES1. REQUISITION NUMBERSolicitation/Contract/Order for Commercial Products and Commercial Services

Offeror to Complete Blocks 12,17,23,24, & 30 20155109 1 79

ORDER UNDER DPAS (15 CFR 700)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

0%UNRESTRICTED OR

13a. THIS CONTRACT IS A RATED

05/07/2026

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

24.

AMOUNT

22.

UNIT

23.

UNIT PRICE

SEE ADDENDUM

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

ECONOMICALLY DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS (EDWOSB)

CODE

CODE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

31c. DATE SIGNED

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA

ADDENDA

ARE ARE NOT ATTACHED.

ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

OFFER DATED

30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ACCOUNTING AND APPROPRIATION DATA LINE I.2 $0.00

Agnieszka Frys

COPIES TO ISSUING OFFICE. CONTRACTOR

10 Multi Energy/Low Energy Portals IDIQ 1.000 AUDRAFT

2 79

CONTRACT NUMBER REQUISITION NUMBER AWARD/EFFECTIVE DATE

PAGE OF PAGES

ADDITIONAL INFORMATION:

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

FINALPARTIAL

36. PAYMENT 37. CHECK NUMBER

COMPLETE PARTIAL FINAL

39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41c. DATE 42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 11/2021) BACK

42d. TOTAL CONTAINERS42c. DATE RECEIVED (MM/DD/YYYY)

20155109 00/00/0000

CBP invites interested vendors to submit Comments and Questions in response to this Request for Information (RFI).

This notice is part of Government Market Research, a continuous process for obtaining the latest information on the commercial status of the industry. This RFI is for planning purposes, and does not constitute a commitment, implied or otherwise, that a procurement action will follow. CBP will use the information submitted in response to this notice at its discretion and will not provide comments to any submission; however, CBP reserves the right to contact any respondent to this notice for the sole purpose of enhancing CBP's understanding of the notice submission. The content of any responses to this notice may affect any subsequent solicitation.

Responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Responders are solely responsible for all expenses associated with any voluntary response to this RFI, including any subsequent product demonstrations.

Questions and responses on this RFI must be sent via email to the following:

Aga Frys, Contracting Officer – aga.frys@cbp.dhs.gov Max Hempe, Contracting Specialist – max.hempe@cbp.dhs.gov

Questions and Comments must be submitted by 12:00 PM EST, May 21, 2026. Include the RFI title in the subject line of your email when submitting questions.

DRAFT

70B03C26R00000089

TABLE OF CONTENTS

SECTION I SCHEDULES

I.1 DESCRIPTION:

I.2 MINIMUM GUARANTEE:

I.3 MAXIMUM AMOUNT:

I.4 ORDERING PERIOD AND PROCEDURES:

I.5 OBLIGATION:

I.6 TYPES OF DELIVERY ORDERS:

I.7 CONTRACT PRICING:

I.8 SCHEDULE OF SUPPLIES/SERVICES

I.9 DELIVERY SCHEDULE

SECTION II CONTRACT CLAUSES

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

II.2 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402) II.3 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) II.4 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) II.5 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (NOV 2023) II.6 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation (JAN 2017) II.7 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) II.8 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note) II.9 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.

2313) (Deviation 25-27) II.10 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) II.11 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (FEB 2016) II.12 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)) (DEVIATION – see FAR Class Deviation 26-03, Rev. 1) II.13 52.219-28, Postaward Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)) (DEVIATION – see FAR Class Deviation 26-03, Rev. 1) II.14 52.222-3, Convict Labor (JUN 2003) (E.O. 11755) (DEVIATION – see FAR Class Deviation 26-10) II.26 52.222-19, Child Labor – Cooperation with Authorities and Remedies (JAN 2020) (DEVIATION 26-10) II.27 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (DEVIATION – see FAR Class Deviation 26-10) II.28 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (DEVIATION – see FAR Class Deviation 26-10) II.29 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (DEVIATION – see FAR Class Deviation 26-10) II.30 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (DEVIATION – see FAR Class Deviation 26-10) II.36 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation (JUN 2020) II.37 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

II.38 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) (DEVIATION – see FAR Class Deviation 25-19, Rev. 1) II.42 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) II.43 52.240-93, Basic Safeguarding of Covered Contractor Information Systems (AUG 2025) (DEVIATION 25-23)

II.44 52.216-18 ORDERING (AUG 2020)

II.45 52.216-19 ORDER LIMITATIONS (OCT 1995)

II.46 52.216-22 INDEFINITE QUANTITY (OCT 1995) (DEVIATION – see FAR Class Deviation 26-04) II.47 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989)(Deviation 24- 05)

II.48 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

II.49 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL

ITEMS (JUL 2023)

II.50 3052.240-71 CONTRACTOR EMPLOYEE ACCESS (JUL 2023), (HSAR DEVIATION 25-12) (effective November

3, 2025) ALTERNATE I (JUL 2023)

II.51 3052.240-72 SAFEGUARDING OF CONTROLLED UNCLASSIFIED INFORMATION (JUL 2023) (HSAR DEVIATION 25-12) (effective November 3, 2025) ALTERNATE I (JULY 2023)

II.52 3052.240-73 NOTIFICATION AND CREDIT MONITORING REQUIREMENTS FOR PERSONALLY

IDENTIFIABLE INFORMATION INCIDENTS (JUL 2023) (HSAR DEVIATION 25-12) (effective November 3, 2025)

II.53 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACT PERSONNEL (JAN 2011)

II.54 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (AUG 2025) (DEVIATION 25-19) II.55 52.212-4 CONTRACT TERMS AND CONDITIONS–COMMERCIAL PRODUCTS and COMMERCIAL SERVICES

(AUG 2025) (DEVIATION 25-21)

II.56 52.223-23 SUSTAINABLE PRODUCTS (OCT 2025) (DEVIATION 26-12)

II.57 52.224-3 PRIVACY TRAINING (JAN 2017) (Deviation 17-03)

II.58 52.233-1 DISPUTES (AUG 2025) (DEVIATION 25-25)

II.59 52.233-3 PROTEST AFTER AWARD (AUG 2025) (DEVIATION 25-25)

II.60 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (AUG 2025) (DEVIATION 25-25) II.61 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (AUG 2025) (DEVIATION 25-23) II.62 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2025)

(DEVIATION 25-34)

II.63 CONTRACT TYPE (OCT 2008)

II.64 SPECIFICATIONS, STATEMENT OF WORK, STATEMENT OF OBJECTIVES OR PERFORMANCE WORK

STATEMENT ATTACHED (JUN 2013)

II.65 ORDER PERIOD (MARCH 2003)

II.66 ORDERING PROCEDURES – SUPPLIES (AUG 2022)

II.67 ORDERING PROCEDURES – SERVICES (AUG 2022)

II.68 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

II.69 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)

(AUG 2024)

II.70 SECURITY PROCEDURES (AUG 2022)

II.71 DISCLOSURE OF INFORMATION (MAR 2003)

II.72 NON-PERSONAL SERVICE (MAR 2003)

II.73 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (OCT 2007)

II.74 SPECIAL SECURITY REQUIREMENT – CONTRACTOR PRE-SCREENING (AUG 2022)

II.75 INFORMATION TECHNOLOGY SECURITY AWARENESS TRAINING (JULY 2023)

https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880215 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880215 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880215 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880215 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880215 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880215 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880215 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880233 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880233 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880233 https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880233

II.76 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (AUG 2022)……………………………………..35 A. Contractor Performance Evaluations C. Electronic Access to Contractor Performance Evaluations

II.77 BASIS OF AWARD (TRADE-OFF ANALYSIS) (JUN 2007)

SECTION III SOLICITATION PROVISIONS

III.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

III.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

III.3 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS – REPRESENTATION (JAN 2017)

III.4 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

III.5 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

III.6 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

III.7 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERICAL ITEMS (MAR 2020)

III.8 52.216-31 TIME-AND-MATERIALS / LABOR HOUR PROPOSAL REQUIREMENTS – COMMERICAL ITEM ACQUISTION (FEB 2007) (Applies to T&M CLINs only)

III.9 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

III.10 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) . 55 III.11 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN – REPRESENTATION AND CERTIFICATIONS (AUG 2018)

III.12 52.237-1 SITE VISIT (APR 1984)

III.13 52.250-2 SAFTEY ACT COVERAGE NOT APPLICABLE (FEB 2009)

III.14 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (Deviation 25-27)

III.15 52.212-2 EVALUATION – COMMERICAL ITEMS (OCT 2014)

III.16 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERICAL ITEMS (JUN 2020) ... 57

III.17 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEVIATION 20-07)

III.18 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

III.19 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION 26-04)

III.20 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS – SECONDARY SITE OF WORK (MAY 2014) . 69

III.21 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

III.22 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

III.23 52.204-7, SYSTEM FOR AWARD MANAGEMENT (AUG 2025) (DEVIATION 25-19)

III.24 52.233-2 SERVICE OF PROTEST (AUG 2025) (DEVIATION 25-25)

III.25 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS

(AUG 2025) (DEVIATION 25-23)

III.26 AGENCY LEVEL PROTEST NOTICE (APR 2003)

III.27 EVALUATION FACTORS FOR AWARD

III.28 SUBMISSION REQUIREMENTS

https://cbpgov-my.sharepoint.com/personal/0038689767_cbp_dhs_gov/Documents/Desktop/CBP/FY26%20Requirements/NII/20155109%20-%20MEP%20LEP%20IDIQ/2.1.1%20DRAFT%20-%2070B03C26R00000089%20-%20MEP%20LEP%20-%20NII%20-%20IDIQ%20(002).docx#_Toc228880234

SECTION I SCHEDULES

I.1 DESCRIPTION:

This acquisition shall be conducted using the Federal Acquisition Regulation (FAR) Part 12 (FAR Class Deviation 25-

21) and 15 (FAR Class Deviation 26-08). U.S. Customs & Border Protection (CBP) is soliciting proposals for supplies and services related to Multi Energy Portal (MEP) and Large Energy Portal (LEP) X-Ray systems for the Non- Intrusive Inspection (NII) Program.

CBP intends to award multiple Indefinite Delivery Indefinite Quantity (IDIQ) contracts.

The IDIQ will include a single, five-year ordering period. Orders issued against the IDIQ may include separately priced supply or service options if it is in the Government’s interest to do so.

Specifications for the supplies and services can be found in the attached Statement of Work (SOW) and Functional Requirements Document (FRD).

I.2 MINIMUM GUARANTEE:

The minimum guarantee of the anticipated contract shall be the initial Delivery Order. The Government has determined that the minimum buy for this IDIQ will be one (1) MEP or LEP system.

I.3 MAXIMUM AMOUNT:

The Government has determined that the maximum buy will be 60 systems, including purchase of all optional line items during the ordering period. The contractor is not obligated to fulfill requirements (singly or in the aggregate) that exceed $1.4 billion under this IDIQ.

The Government reserves the right to order systems as required and there is a possibility that there may be a year or years during the ordering period when an order for systems will not be initiated.

I.4 ORDERING PERIOD AND PROCEDURES:

The contract will contain a five (5) year ordering period spanning FY26 through FY31 and ten years of maintenance.

Each system will have a twelve (12) month minimum warranty. Thus, the ordering period of the IDIQ contract will not exceed five (5) years (60 months) and the effective period will not exceed fifteen (15) years. The maximum period of performance (PoP) of a delivery order will not exceed ten (10) years. The ordering period under this IDIQ is five years from the date of award. The effective period of this IDIQ, however, will begin on the date of award and will continue until completion of the final delivery order on the contract. Orders issued from this contract may have performance periods that may extend up to ten (10) years from the Government’s acceptance of the final unit under that order, if all possible options are included on that order and are exercised.

Request for Quotes

Certain orders against this IDIQ will require a vendor quote. For example, site specific installation or OCONUS shipping are not fixed at the IDIQ level. There is no required Request for Quotes format, except that any request conforms to FAR 16.505(b) ordering procedures.

Options

This contract permits option lines at the order level. If options are included in Delivery Orders, FAR clauses 52.217-7 and/or 52.217-9 will be included on the order. Orders may contain option clauses for increased quantities, systems, training, and maintenance.

Time-and-Materials

Competitive RFQs issued under this contract may include time-and-material lines, in accordance with FAR 12.207(b).

On-Demand Services

On-Demand service are within-scope services (and incidental supplies) required to complete the contract but not knowable at the time of award. These services will be contracted via a fixed-price quote to an RFQ when the need is known.

An on-demand item or service with a fixed price that is expected to recur may be added to the fixed-price schedule below via bilateral IDIQ modification once the price has been approved by the contracting officer.

Pricing for on-demand services or any other supplies or services not set in the schedule below must undergo price analysis in accordance with FAR 16.505(b)(3). If no other method of determining price reasonableness is available, vendors may be required to provide other than cost and pricing data to assist in the reasonableness determination.

I.5 OBLIGATION:

The anticipated IDIQ contract does not obligate any funding. The individual DOs placed against the IDIQ contract shall obligate the funding.

I.6 TYPES OF DELIVERY ORDERS:

The IDIQ permits option lines at the order level. Orders may contain option clauses for additional quantities, preventive maintenance or training. There will be a (5) five-year ordering period. Each system will be eligible for (10) ten years of maintenance options after site acceptance.

The authorized activity for initiating orders is the Non-Intrusive Inspection Program Management Office. Requests for Fair Opportunity and any resultant orders under the anticipated IDIQ contracts will be issued by the CBP Procurement Directorate on behalf of the program office.

Any DOs issued as a result of the anticipated IDIQ shall be issued on a Firm Fixed Price (FFP) or Fixed Unit Price (FUP) basis. Orders may be issued by any CBP Contracting Officer.

I.7 CONTRACT PRICING:

Prices for the MEP / LEP and other deliverables shall be a combination of firm fixed price and time and materials, specifically Line Item #60, the installation services/civil works and Line Item 20 Site Preparation, Engineering Services and Support, will be priced as time and materials (T&M). FOB Destination for locations in the contiguous United States (CONUS). The vendor will be required to deliver units to locations specified at the order level. This price shall be all inclusive, include shipping charges, set-up costs and factory test representation. Additional shipping charges may be quoted at the order level for any units outside of the contiguous United States (OCONUS). By the same token, warranty and maintenance prices are for CONUS units. A warranty or maintenance price differential may be quoted at the order level for any OCONUS destinations, once known. The IDIQ will include a firm-fixed price schedule. Hourly rates for construction services will be bid at the order level, when wage determinations have been identified. Any order against this IDIQ may be firm-fixed priced, a time-and-material, or a hybrid of the two. The minimum level of operational performance that the Government is willing to accept is considered a threshold value;

the base system price shall include all threshold requirements for operation.

I.8 SCHEDULE OF SUPPLIES/SERVICES

Medium Energy Mobile System

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

10 Multi Energy / Low Energy Portals - IDIQ 1.000 EA

Quantity Discount*

Quantity Range Item Price (per system) 5+ 10+ 20 +

*The quantity discounts listed above apply to each order separately, not the sum of all systems over the course of the

IDIQ.

Training and Other Services

20 Site Preparation, Engineering Services and

Support (T&M)

1 EA

30 Training Development 1 EA 40 Train-the-Trainer Course 1 EA 50 Operator Training 1 EA 60 Installation Services / Civil Works (T&M) 1 EA 70 On-Demand and Options 1 EA 80 Annual Maintenance Service Fee 1 EA

NOTE: Prices for On-Demand Services (CLIN 70) will be negotiated and established at the Delivery Order level.

Extended Warranty

90 Two Years of Warranty 1 EA 100 Three Years of Warranty 1 EA 110 Four Years of Warranty 1 EA 120 Five Years of Warranty 1 EA

Preventative Maintenance Options

130 First Year Service 1 EA 140 Second Year Service 1 EA 150 Third Year Service 1 EA 160 Fourth Year Service 1 EA 170 Fifth Year Service 1 EA 180 Sixth Year Service 1 EA 190 Seventh Year Service 1 EA 200 Eighth Year Service 1 EA 210 Ninth Year Service 1 EA 220 Tenth Year Service 1 EA

Corrective Maintenance Options

230 First Year Service 1 EA 240 Second Year Service 1 EA 250 Third Year Service 1 EA 260 Fourth Year Service 1 EA 270 Fifth Year Service 1 EA 280 Sixth Year Service 1 EA 290 Seventh Year Service 1 EA 300 Eighth Year Service 1 EA 310 Ninth Year Service 1 EA 320 Tenth Year Service 1 EA

Optional CLINS

330 Additional Operator Station 1 EA 340 Additional Analyst Station 1 EA

350 Operator Booth 8’ x 12’ 1 EA 360 Operator Booth 12’ x 16’ 1 EA

I.9 DELIVERY SCHEDULE

DELIVER TO: ITEM # QTY DELIVERY DATE

TBD BY DELIVERY ORDER – CONUS/OCONUS

SECTION II CONTRACT CLAUSES

In compliance with Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” dated January 21, 2025, the contractor agrees that its compliance in all respects with applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and, by virtue of submitting a quote/offer, the contractor certifies that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.

No requirement in this contract should conflict or contravene Executive Order “Unleashing American Energy” dated January 20, 2025. To the extent any requirement may conflict or contravene that Executive Order, the requirement is deemed inapplicable to this contract. This would include requirements related to “climate-related risk management and/or greenhouse gas (GHG) emissions inventory and/or reduction target disclosure requirements.” The Contractor should consult with the Contracting Officer on any such requirement they determine is inconsistent with the Executive Order, and work on proposed modifications to comply with the EO and statutory requirements.

*Please note that DHS FAR DEVIATIONS for the Revolutionary FAR Overhaul (RFO) took effect November 28, 2025.

See FAR Overhaul - FAR Part DEVIATION Guidance | Acquisition.GOV. Any applicable updates to the FAR made pursuant to the Revolutionary FAR Overhaul (RFO) and subsequently adopted by the Department of Homeland Security via Class Deviation, shall be deemed adopted and included in this contract without adjustment to price. Any clauses contained in this contract that have already been, or are later, updated in the RFO and adopted by DHS shall be considered to be amended to mirror the most up to date FAR RFO language.

FAR Class Deviation 25-01 and 25-03:

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.222-25, Affirmative Action Compliance. Additional examples include Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services, and 52.213-4, Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services); 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. Components shall not consider or use these representations.

Contracting officers will not consider the following representations when making award decisions or enforce requirements:

Paragraphs (b)(33), (b)(34), (e)(1)(ix), Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. Additionally, per this deviation, in paragraph (b)(46), E.O.

14057 does not appl; Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services; and Paragraphs (a)(1)(vii) and (a)(1)(viii) of 52.213-4, Terms and Conditions— Simplified Acquisitions (Other Than Commercial Products and Commercial Services). Additionally, per this deviation, in paragraph (b)(1)(xvii), E.O. 14057 does not apply.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

The Government may seek price discounts after award during contract performance. The intent is to ask vendors to determine if potential price reductions and/or operational efficiencies can be achieved considering market conditions of the time. Any changes to the contract would be through mutual agreement.

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 effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov www.acquisition.gov/hsar

(End of clause)

II.2 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

http://www.acquisition.gov/ http://www.acquisition.gov/hsar

II.3 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007).

II.4 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020).

II.5 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (NOV 2023).

II.6 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation (JAN 2017).

II.7 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017).

II.8 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).

II.9 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.

2313) (Deviation 25-27).

II.10 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

II.11 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (FEB 2016).

II.12 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)) (DEVIATION – see

FAR Class Deviation 26-03, Rev. 1).

II.13 52.219-28, Postaward Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2))

(DEVIATION – see FAR Class Deviation 26-03, Rev. 1).

II.14 52.222-3, Convict Labor (JUN 2003) (E.O. 11755) (DEVIATION – see FAR Class Deviation 26-10).

II.15 52.222-6, Construction Wage Rate Requirements (AUG 2018)

II.16 52.222-7, Withholding of Funds (MAY 2014).

II.17 52.222-8, Payrolls and Basic Records (AUG 2018)

II.18 52.222-9, Apprentices and Trainees (JUL 2005)

II.19 52.222-10, Compliance with Copeland Act Requirements (FEB 1998)

II.20 52.222-11, Subcontracts (Labor Standards) (MAY 2014)

II.21 52.222-12, Contract Termination – Debarement (MAY 2014)

II.22 52.222-13, Compliance with Construction Wage Rate Requirements and Related Regulations (MAY 2014)

II.23 52.222-14, Disputes Concerning Labor Standards (FEB 1998)

II.24 52.222-15, Certification of Eligibility (MAY 2014)

II.25 52.222-16, Approval of Wage Rates (MAY 2014)

II.26 52.222-19, Child Labor – Cooperation with Authorities and Remedies (JAN 2020) (DEVIATION 26-10).

II.27 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (DEVIATION – see FAR Class Deviation 26-10).

II.28 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (DEVIATION – see FAR Class Deviation 26-10).

II.29 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (DEVIATION – see FAR Class Deviation 26-10).

II.30 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (DEVIATION – see FAR Class Deviation 26-10).

II.31 52.223-17, Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (AUG 2018)

II.32 52.223-5, Pollution Prevention and Right-To-Know Information (AUG 2018)

II.33 52.227-1, Authorization and Consent (DEC 2007)

II.34 52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)

II.35 52.227-14, Rights in Data – General (DEC 2007)

II.36 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation (JUN 2020).

II.37 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C.

3332).

II.38 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) (DEVIATION – see FAR Class Deviation 25-19, Rev. 1).

II.39 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013)

II.40 52.243-3, Changes – Time and Materials or Labor Hours(SEPT 2000)

II.41 52.246-6, Inspection – Time and Materials or Labor Hours(MAY 2001)

II.40 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (DEVIATION – see FAR Class Deviation 26-10).

II.42 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

II.43 52.240-93, Basic Safeguarding of Covered Contractor Information Systems (AUG 2025) (DEVIATION 25-23).

II.44 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the contract award date through the end of the ordering period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered ‘‘issued’’ when –

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either --

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

II.45 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) system, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $1.4 billion;

(2) Any order for a combination of items in excess of $1.4 billion; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

II.46 52.216-22 INDEFINITE QUANTITY (OCT 1995) (DEVIATION – see FAR Class Deviation 26-04)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period. provided, that the Contractor shall not be required to make any deliveries under this contract after the last Delivery Order has expired.

II.47 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989)(Deviation 24- 05)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within ten days from the final delivery on the order. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

II.48 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation (HSAR) (48

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

II.49 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (JUL 2023) (HSAR DEVIATION 25-09) (effective November 28, 2025)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

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

(a) Provisions.

____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause

____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

____3052.247-70 F.o.B. Origin Information.

____Alternate I

____Alternate II

____3052.247-71 F.o.B. Origin Only.

__x__3052.247-72 F.o.B. Destination Only.

(b) Clauses.

____3052.203-70 Instructions for Contractor Disclosure of Violations.

__x__3052.205-70 Advertisement, Publicizing Awards, and Releases.

____Alternate I

____3052.209-72 Organizational Conflicts of Interest.

____3052.209-73 Limitation on Future Contracting.

____3052.215-70 Key Personnel or Facilities.

____3052.216-71 Determination of Award Fee.

____3052.216-72 Performance Evaluation Plan.

____3052.216-73 Distribution of Award Fee.

____3052.217-91 Performance. (USCG)

____3052.217-92 Inspection and Manner of Doing Work. (USCG)

____3052.217-93 Subcontracts. (USCG)

____3052.217-94 Lay Days. (USCG)

____3052.217-95 Liability and Insurance. (USCG)

____3052.217-96 Title. (USCG)

____3052.217-97 Discharge of Liens. (USCG)

____3052.217-98 Delays. (USCG)

____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. (USCG)

____3052.217-100 Guarantee. (USCG)

____3052.219-71 DHS Mentor Protégé Program.

____3052.228-70 Insurance.

____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG)

____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG)

____3052.228-92 Fair Market Value of Aircraft. (USCG)

____3052.228-93 Risk and Indemnities. (USCG)

____3052.236-70 Special Provisions for Work at Operating Airports.

__x__3052.240-71 Contractor Employee Access.

___x_Alternate I

____Alternate II

__x__3052.240-72 Safeguarding of Controlled Unclassified Information.

__x__Alternate I

__x__3052.240-73 Notification and Credit Monitoring Requirements for Personally Identifiable Information Incidents.

__x__3052.242-72 Contracting Officer’s Representative.

____3052.249-90 Contract Termination. (USCG)

II.50 3052.240-71 CONTRACTOR EMPLOYEE ACCESS (JUL 2023), (HSAR DEVIATION 25-12) (effective November

3, 2025) ALTERNATE I (JUL 2023)

(a) Controlled Unclassified Information (CUI) is any information the Government creates or possesses, or an entity creates or possesses for or on behalf of the Government (other than classified information) that a law, regulation, or Governmentwide policy requires or permits an agency to handle using safeguarding or dissemination controls. This definition includes the following CUI categories and subcategories of information:

(1) Chemical-terrorism Vulnerability Information (CVI) as defined in 6 CFR part 27, “Chemical Facility Anti-Terrorism Standards,” and as further described in supplementary guidance issued by an authorized official of the Department of Homeland Security (including the Revised Procedural Manual “Safeguarding Information Designated as Chemical-Terrorism Vulnerability Information” dated September 2008);

(2) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002

(title XXII, subtitle B of the Homeland Security Act of 2002 as amended through Pub. L. 116–283), PCII’s implementing regulations (6 CFR part 29), the PCII Program Procedures Manual, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security, the PCII Program Manager, or a PCII Program Manager Designee;

(3) Sensitive Security Information (SSI) as defined in 49 CFR part 1520, “Protection of Sensitive Security

Information,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or designee), including Department of Homeland Security MD 11056.1, “Sensitive Security Information (SSI)” and, within the Transportation Security Administration, TSA MD 2810.1, “SSI Program”;

(4) Homeland Security Agreement Information means information the Department of Homeland Security receives pursuant to an agreement with State, local, Tribal, territorial, or private sector partners that is required to be protected by that agreement. The Department receives this information in furtherance of the missions of the Department, including, but not limited to, support of the Fusion Center Initiative and activities for cyber information sharing consistent with the Cybersecurity Information Sharing Act of 2015;

(5) Homeland Security Enforcement Information means unclassified information of a sensitive nature lawfully created, possessed, or transmitted by the Department of Homeland Security in furtherance of its immigration, customs, and other civil and criminal enforcement missions, the unauthorized disclosure of which could adversely impact the mission of the Department;

(6) International Agreement Information means information the Department of Homeland Security receives that is required to be protected by an information sharing agreement or arrangement with a foreign government, an international organization of governments or any element thereof, an international or foreign public or judicial body, or an international or foreign private or non-governmental organization;

(7) Information Systems Vulnerability Information (ISVI) means: (i) Department of Homeland Security information technology (IT) systems data revealing infrastructure used for servers, desktops, and networks; applications name, version, and release; switching, router, and gateway information; interconnections and access methods;

and mission or business use/need. Examples of ISVI are systems inventories and enterprise architecture models.

Information pertaining to national security systems and eligible for classification under Executive Order 13526 will be classified as appropriate; and/or (ii) Information regarding developing or current technology, the release of which could hinder the objectives of the Department, compromise a technological advantage or countermeasure, cause a denial of service, or provide an adversary with sufficient information to clone, counterfeit, or circumvent a process or system;

(8) Operations Security Information means Department of Homeland Security information that could be collected, analyzed, and exploited by a foreign adversary to identify intentions, capabilities, operations, and vulnerabilities that threaten operational security for the missions of the Department;

(9) Personnel Security Information means information that could result in physical risk to Department of Homeland Security personnel or other individuals whom the Department is responsible for protecting;

(10) Physical Security Information means reviews or reports illustrating or disclosing facility infrastructure or security vulnerabilities related to the protection of Federal buildings, grounds, or property. For example, threat assessments, system security plans, contingency plans, risk management plans, business impact analysis studies, and certification and accreditation documentation;

(11) Privacy Information includes both Personally Identifiable Information (PII) and Sensitive Personally Identifiable Information (SPII). PII refers to information that can be used to distinguish or trace an individual’s identity, either alone, or when combined with other information that is linked or linkable to a specific individual; and SPII is a subset of PII that if lost, compromised, or disclosed without authorization could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. To determine whether information is PII, DHS will perform an assessment of the specific risk that an individual can be identified using the information with other information that is linked or linkable to the individual. In performing this assessment, it is important to recognize that information that is not PII can become PII whenever additional information becomes available, in any medium or from any source, that would make it possible to identify an individual. Certain data elements are particularly sensitive and may alone present an increased risk of harm to the individual.

(i) Examples of stand-alone PII that are particularly sensitive include: Social Security numbers (SSNs), driver’s license or State identification numbers, Alien Registration Numbers (A-numbers), financial account numbers, and biometric identifiers.

(ii) Multiple pieces of information may present an increased risk of harm to the individual when combined, posing an increased risk of harm to the individual. SPII may also consist of any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(A) Truncated SSN (such as last 4 digits);

(B) Date of birth (month, day, and year);

(C) Citizenship or immigration status;

(D) Ethnic or religious affiliation;

(E) Sexual orientation; (F) Criminal history;

(G) Medical information; and

(H) System authentication information, such as mother’s birth name, account passwords, or personal identification numbers (PINs).

(iii) Other PII that may present an increased risk of harm to the individual depending on its context, such as a list of employees and their performance ratings or an unlisted home address or phone number.

The context includes the purpose for which the PII was collected, maintained, and used. This assessment is critical because the same information in different contexts can reveal additional information about the impacted individual.

(b) Information Resources means information and related resources, such as personnel, equipment, funds, and information technology.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer’s request, the Contractor’s employees shall be fingerprinted or subject to other investigations as required. All Contractor employees requiring recurring access to government facilities or access to CUI or information resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to CUI. The Contractor shall access and use CUI only for the purpose of furnishing advice or assistance directly to the Government in support of the Government’s activities, and shall not disclose, orally or in writing, CUI for any other purpose to any person unless authorized in writing by the Contracting Officer.

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