CSO for AGSV--General Solicitation--06-03-26--DRAFT.pdf

CSOP-BP-GS-26-0002 CBP - Autonomous Ground Surveillance Vehicles (AGSV)

COMMERCIAL SOLUTIONS OPENING (CSO)

for

CSOP-BP-GS-26-0002 - Autonomous Ground Surveillance Vehicles

(AGSV)

DRAFT GENERAL SOLICITATION

May 19, 2026

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.

U.S. Customs and Border Protection’s (CBP) mission is “to safeguard America’s borders thereby protecting the public from dangerous people and materials while enhancing the Nation’s global economic competitiveness by enabling legitimate trade and travel.” In support of this mission, CBP deploys air, land, and marine assets to patrol and safeguard U.S. border areas, as well as effectively detect and interdict potential threats beyond our borders.

In order to successfully carry out its mission, CBP requires situational awareness along the border, at and between Ports of Entry (POE), and within 100 miles of any external boundary of the United States. The geography and terrain of CBP environments are varied and include urban locations and austere locales. Urban environments include paved/maintained roads in towns, cities, and at ports of entry (border crossings, airports, seaports, cargo areas), which can include communications-denied areas and/or areas of no line of sight. Austere environments include unpaved/unmaintained roads, or areas of no roads in and around deserts, mountains, forests, and waterways. In many austere locations, natural and manmade terrain features, coupled with sand, scrub brush, potholes, washed out areas, stones, ledges, mud pits, ruts, two-track paths, vegetation-dense terrain, and road clutter negatively impact driving/traversing. Further, many CBP operating areas lack communications and associated infrastructure (power, commercial cellular, Radio Frequency, towers, and other structures). Finally, austere areas are known to have highly variable and tumultuous weather.

Under the Autonomous Ground Surveillance Vehicles (AGSV) Commercial Solutions Opening (CSO), CBP will explore autonomy technology solutions offered by the private sector. The overall technology objective is to discover autonomy that enables mobile ground domain awareness in urban and austere environments. In its future state, operators would serve as partners and mission planners while the autonomous systems perform domain awareness missions

CBP has identified requirements that are critical to performing the CBP mission. The following problem sets have shaped this solicitation to provide innovative commercial technology solutions and/or mitigations to CBP’s capability gaps for autonomous ground surveillance vehicles

(AGSV).

Table 1: CBP Use Cases for AGSV

Autonomous Surveillance Ground Vehicle (AGSV) Capabilities

Category Capability Gap Description

1 Autonomous Environmental Sensing and Ground Surveillance Vehicles

CBP requires an enhanced capability/vehicle to autonomously or semi-autonomously sense, monitor, and characterize predictable and hazardous environments across all land, maritime, air, and subterranean domains.

Self-directed platform designed to navigate and operate in various environments, including predictable and hazardous areas.

Integrates advanced sensors to monitor, detect, and characterize environmental conditions and potential threats while conducting ground surveillance. Supports CBP operations by providing real-time situational awareness, reducing risk to personnel, and enhancing mission effectiveness across land domains.

2 Autonomously/semi-autonomously navigate and transport

CBP requires an enhanced capability to autonomously or semi-autonomously navigate and transport persons and/or capabilities across all land, maritime, air, and subterranean domains

Semi-autonomous - the ability to conduct pre-programmed point-to-point navigation and collision avoidance; Fully autonomous – the ability to conduct fully autonomous operations in a variety of terrain types. Includes means to increase the mobility of forces in the field, specifically to and from the border fence and levee area, in order to effectively respond to traffic regardless of weather conditions or the surrounding terrain.

3 Autonomously detect, identify, and classify at various ranges/conditions

CBP requires an enhanced capability to autonomously detect, identify, and classify objects of interest at operationally relevant ranges, and in varying weather and operational conditions (fog, smoke, marine layer, checkpoint, port of entry, dense vegetation, etc.) across all land, maritime, air, arctic and subterranean domains

The ability to autonomously detect, identify, and classify defined objects of interest at operationally relevant ranges, and in varying conditions (fog, smoke, marine layer, dense vegetation etc.) in the land, maritime, air, arctic and subterranean domains: Land based:

Re-locatable (ex. towers, aerostat, etc.);

Mobile: vehicle/vessel based (marine vessels, trucks/cars, off road vehicles, etc.); other novel platforms as identified

4 Autonomously or semi-autonomously track persons or items of interest across all

CBP requires an enhanced capability to autonomously or semi-autonomously track persons or items of interest across all operationally relevant domains

Ability to track, with the greatest degree of autonomy feasible, assets (ex. Fleet Telematics to track location and status of fleet in transit to get insights into actual delivery time, delays for vehicles, computers, etc.), persons in custody and physical objects (ex.

operationally relevant domains personal property) associated persons in custody; transition away from physical seals on containers

2.0 PROJECT DESCRIPTION

CBP will assess the value of autonomy, specifically for ground surveillance vehicles.

The Government seeks autonomous ground systems capable of persistent, unattended operation in urban and austere environments, paired with intuitive mission planner (C2) software.

All commercial autonomy ground vehicle categories are of interest, including bolt-on autonomy/self-driving stacks (e.g. the comprehensive, layered software and hardware architecture that enables a self-driving car to operate) and integrated platforms ranging from small-scale systems (e.g., delivery robots, 1/8-scale platforms) to passenger vehicles (e.g., UTVs, pickup trucks, SUVs). Autonomy and mission planning software must be sufficiently mature to enable minimal human intervention during operations. Vehicle platforms must be production-ready and fieldable without significant hardware or software modification.

CBP operations occur in urban environments and also frequently occur on unmaintained private land, where traversability changes dynamically and safe navigation is required to avoid harm to people or property. In addition to collision avoidance and waypoint following, USBP off-road environments frequently require advanced autonomy capabilities such as:

• Robust local navigation to handle dynamic road conditions

• Operation in degraded GPS conditions

• Performance in limited visibility and harsh weather (night, dust, precipitation, hot/cold)

These requirements represent a complex autonomy challenge, and the purpose of this CSO is to evaluate the state-of-the-art to identify the capability of the newest autonomy stacks to address these challenges.

Autonomy is the focus of this solicitation evaluation to ensure that agents can function as mission planners and minimize management time. The Government seeks:

• Reliable autonomous operation

• Systems that reduce manpower burden

• Improved situational awareness

• Intuitive operator interfaces for monitoring and control

• Seamless integration of new mission types

In summary, this CSO seeks innovative commercial solutions that enhance domain awareness and mission effectiveness.

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 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-26-0002 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.

3.1.1 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, June 11, 2026 to aristide.horugavye@cbp.dhs.gov, 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-26-0002.” 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, June 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 mailto:aristide.horugavye@cbp.dhs.gov mailto:peter.a.giambone@cbp.dhs.gov mailto:joshua.bedregal@cbp.dhs.gov mailto:aristide.horugavye@cbp.dhs.gov mailto:peter.a.giambone@cbp.dhs.gov mailto:joshua.bedregal@cbp.dhs.gov research and development, or any new application of an existing technology, process, or method.”

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

1. Describe past experiences and/or projects that your company has been involved in with U.S. government and/or private sector in regard to autonomy-related technology. If so, describe how your solution has been demonstrated in a testing and/or real-world environments?

2. Provide an overview of your solution to perform any or all of the identified requirements critical to performing the CBP mission outlined in Table 1 of Section 1.1 of this document.

3. Describe the mission control process needed for your solution to prepare, execute, and complete an autonomous mission in the field.

4. Describe the type of power (battery, fuel, solar, etc.) required to operate your solution and length of time for operations without human intervention.

5. Describe your solution’s ability to navigate on established roadways, on unpaved/unmaintained roads, and areas of no roads with natural and manmade terrain features, including in/on sand, mud, snow, scrub brush, potholes, washed out areas, stones, ledges, two-track paths, vegetation-dense terrain, and road clutter that can negatively impact driving and traversing.

6. Describe your solution’s ability to operate in various weather conditions (rain, snow, fog, etc.), temperatures, daytime/nighttime.

7. Describe “accident avoidance” protocols when encountering stationary objects, moving objects (other vehicles, people, animals, etc.), non-traversable terrain (canyons, rivers, gulleys, etc.), manmade and natural structures, or other potential obstacles that may be encountered.

8. Describe your solution’s ability to navigate in areas that lack communications and associated infrastructure (power, commercial cellular, radio frequency, internet).

9. Describe any “fail-safe” procedures for various circumstances and conditions that would alter or disrupt the ability to operate, such as loss of communications/data connectivity/GPS signal, power loss, sensor/equipment failure, property damage, and potential harm to life.

10. Provide specifications for your solution (size, weight, dimensions), as well as the maximum operational ranges, speeds, and cargo capacity.

11. Will your solution provide surveillance capabilities? If so, describe how it will detect, identify, track, and respond to items of interest (IoI).

12. Describe any communications and data connectivity requirements to operate your solution, including applicable sensors.

13. Describe any user interfaces for personnel to monitor, summon, intervene, operate, and interact with the solution.

14. Describe any Artificial Intelligence/Machine Learning (AI/ML) models used by the solution platform, to include any attached perception, navigation, and/or surveillance sensors.

15. Describe the cybersecurity measures for the solution to safeguard system accesses and operations, secure communications, preserve data integrity of information received, collected and/or disseminated, and any other security protocols to prevent outside threats to the solution platform and relevant user interfaces/operating systems.

16. Describe the ability to integrate with existing CBP systems and equipment (Tactical Awareness Kit – TAK, Intelligent Computer Assisted Detection – ICAD, Remote Video Surveillance System – RVSS), as well as third-party vendor hardware, Command and Control (C2) suites, User Interfaces (UI), Application Programming Interfaces (API), etc.

17. Describe expected lifecycle and sustainment requirements, including maintenance schedules, equipment/parts replacement, software and application updates, and consumable parts/equipment.

18. Provide a Rough Order of Magnitude (ROM) for pricing and expected timeline of delivery for 1) prototype solution, 2) production system, and 3) end-user training.

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 10 Pages. See Section 3.2.1.)

06/24/2026

1 (Optional) Technical Demonstration &/or Oral Presentation

Upon notice

2 Full Proposal (Not to Exceed 25 Pages)

Two (2) weeks from Notice or when requested by the Contracting Officer

Phase 1: The evaluation of this phase includes a Solution Brief (not to exceed 10 pages).

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 I 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 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 an AGSV 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] mailto:peter.a.giambone@cbp.dhs.gov

(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.

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.

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

(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.