HSI MAMMOTH RFP 07-24-2024 FINAL.pdf

IMMIGRATION & CUSTOMS ENFORCEMENT (ICE),

HOMELAND SECURITY INVESTIGATIONS (HSI)

OFFICE OF ACQUISITION MANAGEMENT (OAQ)

RYAN DOLAN

MAMMOTH

REQUEST FOR PROPOSAL

HSI-MAMMOTH

70CMSD24R00000011

JULY 24, 2024

IMMIGRATION & CUSTOMS ENFORCEMENT

OFFICE OF ACQUISITION MANAGEMENT

8222 N. BELTLINE ROAD

IRVING, TX 75063

RYAN DOLAN

CONTRACTING OFFICER

RYAN.DOLAN@ICE.DHS.GOV

314.928.7546

TABLE OF CONTENTS

PART I- THE SCHEDULE

SECTION B SUPPLIES, SERVICES, AND PRICING

B.1 DESCRIPTION OF SUPPLIES & SERVICES

B.2 TYPE OF CONTRACT

B.3 CONTRACT AND ORDER LIMITATIONS

B.4 PRICING AND CONTRACT LENGTH

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF REQUIREMENTS

C.1 GENERAL DESCRIPTION

C.2 SCOPE

C.3 GENERAL REQUIREMENTS

C.4 CONTRACT REQUIREMENTS

C.5 REPORTS

C.6 SECURITY & ACCESS CONTROL

C.7 MEDIA STATEMENTS

SECTION D PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

SECTION E INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

E.2 QUALITY ASSURANCE

E.3 WARRANTIES

SECTION F DELIVERIES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 DELIVERABLES/REPORTS

F.4 DELIVERY SCHEDULE

F.5 NOTICE TO THE GOVERNMENT OF DELAYS

F.6 PLACE OF DELIVERY

F.7 F.O.B. DESTINATION

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

G.3 DELIVERY LOCATION POC’S

G.4 INVOICING REQUIREMENTS

G.5 PAYMENT

G.6 SMALL BUSINESS ACCELERATED PAYMENT

G.7 WITHHOLDING OF CONTRACT PAYMENTS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER FOIA

H.2 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

H.3 ACCESS TO IMMIGRATION & CUSTOMS ENFORCEMENT LOCATIONS

H.4 SYSTEM FOR AWARD MANAGEMENT

H.5 TECHNOLOGY ENHANCEMENT CLAUSE

H.6 RELEASE OF INFORMATION

PART II- CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

I.2 CONTRACT TERMS CONDITIONS- COMMERCIAL ITEMS

I.3 ORDERING

I.4 ORDER LIMITATIONS

I.5 INDEFINITE QUANTITY

I.6 OPTION TO EXTEND THE TERM OF THE CONTRACT

I.7 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC,

INFLUENZA, OR OTHER NATIONAL EMERGENCY

I.8 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL TAX

REQUIREMENTS

I.9 INVERTED DOMESTIC CORPORATION

PART III- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J LIST OF ATTACHMENTS

J.1 PRODUCT MATRIX

J.2 STATEMENT OF REQUIREMENTS

J.3 PAST PERFORMANCE QUESTIONNAIRE

PART IV- REPRESENTATIONS AND INSTRUCTIONS

SECTION K REPRESENTATIONS AND CERTIFICATIONS

K.1 UNIQUE ENTITY IDENTIFIED

K.2 SYSTEM FOR AWARD MANAGEMENT

K.3 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

K.4 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

K.5 INFORMATION REGARDING RESPONSIBILITIES

K.6 EVALUATION OF OPTIONS

SECTION L INSTRUCTIONS OF CONDITIONS AND NOTICES TO OFFERORS

L.1 CLAUSES INCORPORATED BY REFERENCE

L.2 COMMITMENT

L.3 TYPE OF CONTRACT

L.4 PROPROSED PREPARATION COST

L.5 INSTRUCTIONS TO OFFERORS

L.6 PROTESTS FILED DIRECTLY

L.7 REQUEST FOR CLARIFICATIONS

SECTION M EVALUATION FACTORS FOR AWARD

M.1 EVALUATION FACTORS

PART I- THE SCHEDULE

SECTION B SUPPLIES, SERVICES, AND PRICING

B.1 DESCRIPTION OF SUPPLIES & SERVICES

Contractor shall provide all products listed in the enclosed Product Matrix. Additionally, the contractor shall provide an e-commerce ordering website/ platform (herein after, “platform”) for the purpose of collecting requirements.

B.2 TYPE OF CONTRACT

The contract will be structured as a Firm-Fixed price, single award, Indefinite Delivery/ Indefinite Quantity (IDIQ) type contract for one (1) twelve-month base year and four (4) additional one-year option periods. This requirement is a total small business set-aside.

B.3 CONTRACT AND ORDER LIMITATIONS

Delivery 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,” hereby established as $49 million over the life of the contract. The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum,” hereby established as $20,000.00 in the base year of the contract.

The Government shall not be required to purchase from the offeror any additional quantities other than the initial guaranteed minimum. The obligation of funds and specific quantities will be ordered through individual delivery orders and the Government Purchase Card Program.

B.4 PRICING AND CONTRACT LENGTH

Contractor shall provide a complete pricing list for the products listed in the matrix (refer to Section I). Pricing shall be provided for the base period and four option years.

(END OF SECTION)

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF REQUIREMENTS

C.1 GENERAL DESCRIPTION

HSI has a need to (1) properly outfit (clothing) and provide personal protection equipment and complimentary supplies to maintain a uniform (standard) and professional National Tactical Program (NTP) across HSI, while ensuring the safety and welfare of employees operating in hostile environments and multiple/varying adverse climates across the United States. In addition, (2) an online ordering platform that offers tactical teams across HSI the ability to order items from the approved Product Matrix is required. The platform enables teams to process purchase requests in a more efficient manner, as opposed to multiple purchase card and purchase order transactions. As a result, the platform will drastically reduce redundant administrative workload for employees, some of whose positions on the tactical teams are deemed collateral duties to their investigative roles in the organization. The platform will also afford the NTP the ability to track all purchases throughout the year, identify purchasing trends, and provide purchasing data for further decision-making purposes.

C.2 SCOPE

2.1 This Request for Proposal is for both products and creation of an online ordering platform. The products requested for the contract are included in the Product Matrix attachment (Section J). The minimum requirements for the platform are included in the Statement of Requirements attachment (Section J). The total requirement for this RFP includes both the pricing of products and the e-commerce platform. Proposals submitted without the e-commerce platform capability and availability for testing/ evaluation will be deemed nonresponsive. A fully functional e-commerce platform with the product matrix loaded for the purposes of ordering must be established within 60 days of award.

Over the life of the contract, there exists the possibility for additional programs and agencies within DHS to place orders off the contract. As a result, the CO will work with the vendor to establish a semi-customized platform experience specific to that group(s). On occasion, the CO may authorize other federal agencies to place orders off the contract on a limited basis.

2.2 Deliver products within 30 days after receipt of order. For products that are only manufactured upon order, the vendor shall negotiate lead times with the Contracting Officer. Deliveries to be shipped FOB Destination to all ICE (and other approved Federal Government) CONUS locations, Hawaii, Alaska, Puerto Rico, and U.S. Virgin Islands.

2.3 HSI is the only agency authorized to place orders against this contract. The Contracting Officer reserves the right to authorize additional agencies the ability to place orders against the contract.

C.3 GENERAL REQUIREMENTS

See attached Product Matrix for deliverables/ requirements. Further deliverables are outlined in the Statement of Requirements for the e-commerce platform. If for any reason an item becomes End of Life during the five (5) year IDIQ, the new product replacing it shall be added to the contract once the Contracting Officer has negotiated the price with the awardee and determined the price to be fair and reasonable. Should HSI wish to add products deemed within scope of the contract, the Contracting Officer will negotiate a fair & reasonable price with the contractor and publicize the addition of the product to the matrix.

C.4 CONTRACTOR REQUIREMENTS

4.1 The contractor shall be capable of providing the entire Product Matrix and e-commerce platform for the length of the contract. The contractor shall offer all products in the catalog. This is not a requirement for brand name or equal, however, the products listed in the matrix are examples that meet the Government’s requirement. Other products might also meet the Government’s requirements. The contractor should propose the product it thinks best suited to meet or exceed the quality and/or capability of products listed in the matrix. The Government will evaluate the product catalog submitted for adherence to Trade Agreements Act (TAA) compliance as noted in FAR 52.225-5 (Section I.2 of this document).

4.2 The contractor shall ensure e-commerce platform security is maintained as outlined in the attached Statement of Requirements.

4.3 The contractor shall provide key personnel for this contract as described in Section 4 (Key Personnel) of the Statement of Requirements. These personnel include Program Manager, Customer Service POC, and Technical Support.

C.5 REPORTS

The contractor shall provide a quarterly usage report to the Contracting Officer within ten (10) calendar days of the end of the quarter (January-March, April- June, July- September, October-December) during which products were ordered. Reports shall include:

i. Contract Number

ii. Period of Performance (e.g.- Base Year, Quarter 1)

iii. List of individual delivery orders and Government purchase card transactions “ACCEPTED” during the quarter for each authorized buyer (include delivery order or Government Purchase Card transaction number and dollar value of order).

iv. Total dollar value of all accepted orders during the quarter (combined quarterly figure).

v. Total dollar value of usage to date (current quarterly figure combined with previous quarters) under the contract.

C.6 SECURITY AND ACCESS CONTROL

From time to time, the contractor may need to visit HSI & ICE Facilities. On-site visits require a minimum of 48 hours advance notice, unless exigent circumstance exists, which will require prior Contracting Officer (CO) approval. All required security forms and fingerprint cards will be provided to the contractor by the CO upon request. Please see Section G.3 for additional details.

C.7 MEDIA STATEMENTS

All press statements and releases related to the contract shall receive advance written approval by the Contracting Officer and the Office of the Principal Legal Advisor (OPLA).

Examples include, but not limited to, website notices & advertisements, use of DHS names & seals, and images of DHS personnel.

SECTION D PACKAGING AND MARKING

D.1 PACKAGING & MARKING

Preservation, packaging, and packaging for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by a common carrier and safe arrival at the destination.

1.1 The products shall be packaged in a manner which clearly identifies the products contained in each package, including product number(s) and quantity(s). This can be placed on the bill of lading in the package.

1.2 The contractor shall possess the capability of tracking different parts sold and shipped under the terms and conditions of this contract if a recall becomes necessary for the purpose of warranty replacement. The contractor shall supply this information to, and upon request of, the Contracting Officer.

1.3 It is preferred that, whenever possible, packaging shall be constructed of a biodegradable or recyclable material, to minimize environmental impact after disposal, or to allow recycling.

1.4 The contractor should be capable of meeting delivery schedules with the entire quantity(s) of products ordered. Partial shipments may be accepted with prior authorization.

1.5 Shipments delivered directly from the manufacturer must clearly identify the delivery point of contact (POC) either on the outside of the package or on the bill of lading.

SECTION E INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2, FEB., 1998)

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

https://www.acquisition.gov/far/

(a) FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

CLAUSE NUMBER TITLE DATE

FAR 52.246-2 INSPECTION OF SUPPLIES- FIXED PRICE AUGUST, 1996

(END OF CLAUSE)

E.2 QUALITY ASSURANCE

The Government shall monitor customer satisfaction by reviewing shipments. The satisfactory delivery of products will be closely monitored and tracked by the Contracting Officer (CO). Items tracked include the time delivery of supplies, accuracy of orders, and condition of deliveries upon receipt. The contractor will be notified by the CO of quality assurance results. It is the contractor’s responsibility to correct any/all deficiencies.

Damaged/defective products may be returned to the contractor/manufacturer, at no cost to the Government, and replaced with an equal product. The contractor will be notified in writing of the nature of the defective/damaged products and shall implement corrective action within 30 days of written notification, by providing a replacement product.

If a product on the Product Matrix fails to maintain quality, durability, and reliability standards as those expressed at time of award, the Government reserves the right to replace the item(s) with a similar product via modification to the contract.

E.3 WARRANTIES

The contractor warrants the products to be free of defects and of merchantable quality within the meaning of the Uniform Commercial Code.

https://www.acquisition.gov/far/

SECTION F DELIVERIES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2; FEB., 1998)

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

https://www.acquisition.gov/far/

(b) FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.242-15 STOP-WORK ORDER AUGUST, 1989

F.2 PERIOD OF PERFORMANCE

The anticipated period of performance for this contract shall be a 12-month base period, to begin upon the date of the award, with four one-year option periods.

F.3 DELIVERABLES/REPORTS

The contractor shall provide all requirements outlined in the Statement of Requirements in relation to the e-commerce platform. Additionally, as outlined in Section B.5, the contractor shall provide Quarterly Usage Reports to the Contracting Officer.

F.4 DELIVERY SCHEDULE

All deliveries shall be received by the requestor no later than 30 days after receipt of order. For products that are only manufactured upon order, the vendor shall negotiate lead times with the Contracting Officer.

If the delivery cannot be made within this time frame, the contractor shall provide notification, including a detailed reason for non-shipment to the Contracting Officer (CO) and the requestor.

The contractor is to make its best effort to deliver within 30 days or provide requestor and CO with a realistic delivery date at the time the order is placed.

F.5 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the contractor encounters difficulty in meeting performance requirements, or when the contractor anticipates difficulty in complying with contract delivery schedules, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the contractor shall immediately notify the Contracting Officer in writing, giving pertinent details; provided, however, that this data shall be informational only and that provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.6 PLACE OF DELIVERY

The contractor shall drop-ship products to destinations identified on individual delivery orders and Government purchase card transactions, to include all ICE (and other approved Federal Government) CONUS locations, Hawaii, Alaska, Puerto Rico and U.S.

Virgin Islands.

F.7 F.O.B. DESTINATION

(a) The term “F.O.B. Destination,” as used in this clause, means–

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.”

When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) For each shipment the Contractor shall --

(1)

(i) Pack and mark the shipment to comply with the contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule to the end user/ ordering authority (i.e., verbal, electronic, written) and designate the mode of delivering carrier; and,

(6) Pay and bear all charges to the specified point of delivery.

SECTION G CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

Any/all contract related matters shall be addressed to the attention of the Contracting Officer (CO) throughout the life of the contract. The Contracting Officer for this requirement is:

Ryan Dolan Ryan.Dolan@ice.dhs.gov 314.928-7546

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JAR 2852.201-70; JANUARY, 1985)

A. An individual that shall be named after contract award is hereby designated to act as the COR under this contract.

B. The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

C. The COR does not have the authority to alter the Contractor’s obligations under the contract; and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/ change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

G.3 DELIVERY LOCATION POINTS OF CONTACT (POCS)

A point of contact (POC) shall be established for all delivery locations for this contract.

The POC’s are responsible for inspection and acceptance of deliveries, certifying invoices are valid, and provide contract performance information to the Contracting Officer. A listing of POC’s shall be provided to the contractor after award.

G.4 INVOICING REQUIREMENTS

(a) The contractor shall submit an original itemized invoice directly to Invoice.Consolidation@ice.dhs.gov. At later date, ICE will move invoicing to Department of Treasury’s Invoice Processing Platform (IPP).

To constitute a proper invoice, each invoice shall be annotated with the following information:

(1) Name of vendor;

(2) Invoice date;

(3) Government contract/deliver order number, or authorization for delivery of goods or services;

(4) Vendor invoice number, account number, and/or any other identifying number agreed to by the contract;

(5) Description (including contract line/subline), price, and quantity of goods and services rendered;

(6) Taxpayer Identification Number (TIN);

(7) Banking information necessary to facilitate an electronic funds transfer (EFT) payment;

(8) Contact name (where practicable), title and telephone number;

The invoice should be attached to an email, and sent to the following address:

Invoice.Consolidation@ice.dhs.gov. It is imperative that the invoice contains current and accurate contract information (as requested above), otherwise risks being rejected.

Upon receipt of the invoice, a confirmation email will be sent back to the sending email address. At this point, the invoice is considered received, and will begin processing through ICE/HSI’s internal payment system. Please note, invoices received before 5pm EST (Monday-Friday) will be considered “received” that business day. Any invoice received after 5pm EST will be considered “received” and will be entered into the invoice system on the following day.

Should ICE/HSI transition to Department of Treasury’s Invoice Processing Platform (IPP), the Contracting Officer will provide proper notice to the vendor on the date invoices should be routed to IPP for processing and payment.

G.5 PAYMENT

Payment shall be made by ICE/HSI’s Burlington (VT) Finance Center in accordance with the Prompt Payment Act upon Delivery Location POC certification of receipt of supplies.

G.6 SMALL BUSINESS ACCELERATED PAYMENT

The contractor must indicate its business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB Memo

M-11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND

SERVICES’, dated 10/14/2011. The Prompt Payment Act still applies to this action;

however, the agency will make best efforts to pay proper invoices within 15 days.

G.7 WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with other contract provisions. The Government will, before disclosure, make an administrative determination on a case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

The Government shall have unlimited rights, as delineated in the FAR clause Rights in data-special works (52.227-17) which is included in SECTION I by reference, to all documentation and other data developed by the Contractor under this contract.

For the avoidance of doubt, the only rights contemplated to be granted to the Government are developments for which the Government may have specifically requested development and for which the Government has made payment in full expressly attributed to such development in writing to the contractor; however, no rights are contemplated to be granted to the Government in any technical details, technical data, or any other confidential and/or proprietary information of contractor that was developed at private expense, and for which contractor hereby expressly reserves all rights.

The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract. Any publications, presentations and other release of information regarding this contract must be pre-approved by the Contracting Officer.

H.3 ACCESS TO IMMIGRATION & CUSTOMS ENFORCEMENT LOCATIONS

Performance under this contract may require access to ICE/HSI locations to provide some service, product, or perform some other official function of interest to ICE/HSI.

Contractors will be required to comply with all visitor access requirements, which may include submission of driver’s license and other biographical information. Completed forms should be provided to the assigned Contracting Officer (CO) at least 10 days prior to required access.

H.4 SYSTEM FOR AWARD MANAGEMENT

The contractor shall be registered in System for Award Management (SAM)- All vendors must be registered in SAM, effective July 29, 2012 to receive Government contracts.

SAM is located at www.SAM.gov. ICE is utilizing a financial system that has a direct interface with SAM. If any current ICE vendor data conflicts with SAM Data, the information contained in SAM may override our current information. Please ensure that your company’s SAM information is updated and accurate. This includes: TIN, EFT, UEI (Unique Entity Identifier), addresses and contact information. The EFT banking information on file in SAM will be what ICE uses to process payment to your organization.

H.5 TECHNOLOGY ENHANCEMENT CLAUSE

During the life of this contract, new products and technologies may become available in the marketplace that offer significant advantages to the Government in terms of economy, efficiency, quality and mission effectiveness. It is in the Government’s interest to take advantage of such technology in a disciplined manner consistent with law, regulation and its valid requirements. The contract shall be modified from time to time to take advantage of these new products and technologies.

H.6 RELEASE OF INFORMATION-PUBLICATIONS BY CONTRACTOR PERSONNEL

Immigration & Customs Enforcement (ICE) specifically requires that Contractors shall not divulge, publish or disclose information or produce material acquired as or derived from the performance of their duties.

For purposes of this clause, “Information” shall include, but not be limited to: in any media or all media including on the web or websites; publication, studies, books, thesis, photographs, films or public announcements, press releases describing any part of the subject matter of this contract or any phase of any program hereunder, except to the extent such as:

(i) Already known to the contractor prior to commencement of the contract

(ii) Required by law, regulation, subpoena or government or judicial order to be disclosed, including the Freedom of Information Act (FOIA).

No release of information shall be made without the prior written consent of the Office of Public Affairs and the Contracting Officer. The Contractor and author are warned that disclosure is not without potential consequences. HSI will make every effort to review proposed publications in a timely manner to accommodate these and other publications.

These obligations do not cease upon completion of the contract.

PART II- CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

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

(a) FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.202-1 DEFINITIONS JUNE, 2020

FAR 52.203-3 GRATUITIES APRIL, 1984

FAR 52.203-5 CONVENANT AGAINST CONTINGENT FEES MAY, 2014

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCTOBER, 2018

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

NOVEMBER, 2023

FAR 52.212-4 CONTRACT TERMS & CONDITIONS-

COMMERCIAL ITEMS

NOVEMBER, 2023

FAR 52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS- COMMERCIAL ITEMS

NOVEMBER, 2023

FAR 52.232-18 AVAILABILITY OF FUNDS AUGUST, 2020

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MARCH, 2023

FAR 52.233-1 DISPUTES MAY, 2014

FAR 52.242-13 BANKRUPTCY JULY, 1995

FAR 52.243-4 CHANGES JUNE, 2007

FAR 52.253-1 COMPUTER GENERATED FORMS JANUARY, 1991

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

OCTOBER, 2018

I.2 FAR CLAUSES INCORPORATED BY FULL TEXT

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (FAR 52.212-5; FEBRUARY, 2024)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (Dec 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 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. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)

(5) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) [Reserved]

(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).

(11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

(ii) Alternate I (Dec 2023) of 52.204–30.

(12) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) (31 U.S.C.

6101 note).

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(14) [Reserved]

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.

657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(17) [Reserved]

X (18) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637 (d)(4))

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2023) of 52.219-9.

(22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13

(23) 52.219-14, Limitations on Subcontracting (DEVATION JULY 2023) See Clause in Full Text under paragraph titled: FAR Deviation Clauses incorporated by Full Text:

(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

(26)(i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28

(27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

X (31) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2024).

X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26

X (35) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35

X (36) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

Alternate I (July 2014) of 52.222-36

X (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

(40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(44) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(45) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

(47) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514)

(ii) Alternate I (Jun 2014) of 52.223-16.

X (48) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging while Driving (May 2024) (E.O. 13513).

(49) 52.223.20, Aerosols (Jun 2016) (E.O. 13693).

(50) 52.223.21, Foams (Jun 2016) (E.O. 13696).

(51) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(52) 52.225-1, Buy American --Supplies (Oct 2022) (41 U.S.C. chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1

(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225-3.

(iv) Alternate III (Nov 2023) of 52.225-3.

X (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021)

(60) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(61) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C.

4505, 10 U.S.C. 3805).

X (62) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) (31 U.S.C. 3332).

(63) 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

(67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022)

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C.

4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C.

chapter 67)

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Mar 2023)

(a) (1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(End of clause)

FAR DEVIATION CLAUSES INCORPORATED BY FULL TEXT

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (DEVIATION 2020-05)

(APR 2020)

(a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any…