RFQ 70RFP326QEH000018.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

70RFP326QEH000018

FPS Division HQ 6595 Springfield Center Dr 4th Floor Springfield VA 20598

DHS/FPS/East CCG/HQ-Natl Contracts U.S. Dept. of Homeland Security Ofc of Procurement Operations - FPS 520 Walnut Street, Suite 200 Attn: <<Enter Contract Specialist>> Philadelphia PA 19106

FPS EAST CCG DIV 3 ACQ DIV(70RFP3)

U.S. Dept. of Homeland Security Office of Procurement Operations Federal Protective Service Acq. Division 520 Walnut Street, Suite 200 Philadelphia PA 19106

09/18/2026 1700 ET

192126PSO000P0002

Abigail Day

70RFP3

OPO/FPS/EACCG/HQ/NC

Melissa Stolle

334511

09/16/2026

DHS

The Department of Homeland Security (DHS), Federal Protective Service (FPS), is requesting quotations for inert Covert Security Testing (CST) Kits in accordance with the attached Statement of Work.

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

A. This RFQ is comprised of the following documents:

-Standard Form (SF) 1449 -Attachment A - Statement of Work -Attachment B - Clauses -Attachment C - Solicitation Provisions and Evaluation -Attachment D - Past Performance Questionnaire

B. Contractor quotations must comply with the SOW and all contractual terms and conditions in this RFQ and its attachments.

C. Delivery: 90 Days After Award Delivery: 90 Days After Award

0001 35 EAInert Electric Toothbrush and Tube of Toothpaste

0002 35 EAInert 16oz Monster Can

0003 35 EAInert Hand Wipes

0004 35 EAInert 35oz Metal Water Bottle

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

70RFP326QEH000018

0005 35 EAInert Backpack IED

0006 35 EAInert Portable Power Bank

0007 35 EAInert IED Portfolio

0008 35 EAPelican “like” storage cases

0009 35 EAMessenger Bags

FPS Points of Contact (POC's):

CO: Melissa Stolle, melissa.stolle@fps.dhs.gov, 215-521-2266 CS: Abigail Day, abigail.day@fps.dhs.gov, 267-946-3988

Federal Protective Service

Protective Security Operations Division

Statement of Work (SOW) for

Inert Covert Security Testing (CST) Kits

July 6, 2026

Department of Homeland Security (DHS)

Federal Protective Service (FPS) Statement of Work (SOW)

1.0 STATEMENT OF WORK

1.1 Background

The Federal Protective Service (FPS) has a need to acquire Inert Covert Security Testing (CST) Kits to be used for Covert Security Testing operations, to test the security infrastructures and implemented countermeasures at federally owned or leased facilities nationwide to detect innocuous items containing threat materials.

The purpose of this requirement is to procure inert CST Kits for Covert Security Testing operations. The items must be stored and concealed in a standard sized backpack or bag. Additionally, the items must be a commonly utilized brand and cannot be over three years old. Samples of the products must be provided prior to acceptance to ensure they meet these specific requirements. These inert training aids shall contain the items listed below in paragraph 1.2 Specific Requirements.

1.2 Specific Requirements:

The Contractor shall provide thirty-five (35) Covert Security Testing Kits, each of the items cannot have “Inert” or other similar adhesive labels on them, that consist of the following items (see required specifications):

o Covert Security Testing (CST) items o Inert Electric Toothbrush and Tube of Toothpaste (35 each) o Inert 16oz Monster Can (35 each) o Inert Hand Wipes (35 each) o Inert 35oz Metal Water Bottle (35 each) o Inert Backpack IED (35 each) o Inert Portable Power Bank (35 each) o Inert IED Portfolio (35 each) o Pelican “like” storage cases (35 each) o Messenger Bags (35 each) NOTE: FPS intends to create 35 kits and store them in pelican “like” storage cases. The vendor shall only provide the devices, the storage cases and messenger bags.

1.3 Required specifications:

o Inert Electric Toothbrush with travel case and Tube of Toothpaste o Tube of toothpaste IED with inert powder/flake explosive o Must contain all the necessary P.I.E.S. (Power source, Initiator, Explosive, and Switch) components of an IED.

o X-ray Correct (Backscatter, Computed Tomography, Single and Multiple X-ray Generator Systems)

• Inert 16oz Monster Can Requirement o Explosive: Plastic Explosives o The can must appear factory intact, and simulant must not slide or rattle if shaken o Appear factory new

• Inert Hand Wipes o Manufacturer: Lysol, Wet Ones, Clorox o Explosives: Sheet o The can must appear factory intact, and simulant must not slide or rattle if shaken

• Inert 40oz Metal Water Bottle o Simulant must not slide or rattle if shaken

• Inert Backpack IED

• Inert Portable Power Bank o Manufacturer: Anker, Onn, Nitecore. Any other equal commonly utilized brand may only be used upon written authorization by the Contracting Officer.

o Model Year: Items shall not be older than 3 years. The items also shall not exceed 3 years in the option years.

o Explosive: Sheet explosives o Firing Circuit: Digital Timer o Dimensions:

Minimum Maximum Length 4.5 inches 6.5 inches Width 2 inches 6 inches Height 1.5 inches 2.5 inches

• Power Source: Internal Battery and Power Cord o Blasting Cap: Electric Blasting Cap

• Inert IED Portfolio (VOIED) o Portfolio must be full size and include a zipper closure o Explosive: Sheet Explosive o Switch: Pressure switch activated by opening portfolio

• Messenger Bag o Messenger bags that can accommodate a 15-inch laptop and ancillary items to conceal the item inside it. Items to be used as a vehicle to conceal the test kit items during operations.

o Material should be polyester or canvas and waterproof o Bags must be capable of carrying 35 pounds

• Storage Cases o Manufacturer: Pelican. Any other equal commonly utilized brand may only be used upon written authorization by the Contracting Officer.

o Meet FAA regulations for carry-on baggage o Have wheels and a retractable handle o Foam inserts cut to secure contents o Black in color o Hard case o Ability to be locked with a padlock or combination lock.

o Overall case - no smaller than dimensions 19.75” x 11” x 7.6”

1.4 OBJECTIVE

The objective of this effort is to initially procure thirty-five (35) inert CST Kits to improve security at federal facilities protected by FPS.

2.0 POINTS of CONTACT:

The Technical Point of Contact (TPOC) for this contract agreement is:

Jeffrey Glow Jeffrey.Glow@fps.dhs.gov 202-805-5330

The COR for this contract agreement is:

Alinda Coats Alinda.A.Coats@fps.dhs.gov 202-913-5679

3.0 PERIOD OF PERFORMANCE

90 days after award.

4.0 PLACE OF PERFORMANCE

6595 Springfield Center Dr, Springfield, VA 22150

5.0 GOVERNMENT ACCEPTANCE PERIOD

The Contracting Officer’s Representative (COR) will review deliverables prior to acceptance and provide the Contractor with an email that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an email to the Contractor notifying it that the deliverable has been accepted. The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the Contracting Officer (CO) of the specific reasons for rejection. The Contractor shall have an opportunity to correct the rejected deliverable and return it per delivery instructions.

6.0 CONTRACTOR LIABILITY

In the event the Contractor does not deliver the items by a certain date will be an inconvenience to the government.

7.0 OTHER APPLICABLE CONDITIONS

7.1 Program Organization

This program is under the technical direction of the Contracting Officer Representative (COR) assigned to the FPS Protective Security Operation Division (PSOD).

8.0 Government Management Organization

FPS management of this project will be accomplished through the FPS/PSOD at 6595 Springfield Center Dr, Springfield, VA 22150

8.1 Applicable Standards

8.1.2 The Contractor shall conform to the following regulations, and meet the Carrier’s minimum requirements for shipping dangerous and/or hazardous materials:

mailto:Alinda.A.Coats@fps.dhs.gov

Code of Federal Regulations (CFR) 49 – Transportation

• Part 171 – General Information, Regulations, and Definitions

• Part 172 – Hazardous Materials Table, Special Provisions, Hazardous Materials

Communications, Emergency Response Information, Training Requirements, and Security Plans

• Part 173 – Shippers: General Requirements for Shipments and Packaging

8.1.3 Dangerous Goods

8.1.3.1 The Contractor shall be responsible for shipments of dangerous goods in accordance with current International Air Transport Association (IATA) regulations for air transport, as well as the Terms and Conditions of the chosen freight carrier.

This is required regardless of the routing and whether the shipment is transported by air, ground, or a combination of air and ground transportation. Shipments of dangerous goods may or may not require a special handling fee. (See CFR 49 172 to determine carriers’ extra fees.) Examples of dangerous goods include aerosol sprays, airbags, ammunition, butane, car batteries, cologne, dry ice, fireworks, gasoline, jet fuel, lighters, matches, nail polish, nail polish remover, nitrogen-refrigerated liquid, paint, perfume, solvents, and some chemicals, in addition to several other items.

8.1.3.2 The Contractor shall be responsible as the shipper to identify, classify, package, mark, label, and complete documentation for dangerous goods according to all national and international governmental regulations. Failure to do so could create dangerous conditions on an aircraft and result in the shipper being subject to governmental fines and penalties under applicable laws.

The following dangerous goods may be shipped within the U.S. and Puerto Rico in accordance with the current edition of CFR 49, which applies to air transportation:

• Magnetized material

• Toxics in exemption packaging

• Other Regulated Materials - Domestic (ORM-D): A marking for mail or shipping in the U.S. that identifies other regulated materials for domestic transport only, i.e., Shipper's Declaration for Dangerous Goods required

• Small quantities under section 49 CFR 173.4

8.2 Container Shipping Requirements

• All bags must have a seal which is also listed on the Packing Slip or a Commercial Bill of Lading (CBL).

• Each sealed container shall be secured with security tape to reveal if the container has been opened.

• In the event that more than one (1) individual container is being shipped to a single location; the containers shall be marked in sequence, e.g., “Container 1 of 20 Containers.”

• In the event that several containers are shipped on a pallet, each container shall be secured to the pallet using pallet banding (Plastic or Metal) and securely wrapped in Black Stretch Film or shrink-wrap.

• Pallets shall have ALL appropriate warning labels, shipping labels, and a preference for a “Do Not Stack” labels.

8.3 Product

8.3.1 The Contractor shall provide CST Kits that are “in-sourced” by the Contractor’s own company and not obtained through a sub-contracted arrangement.

8.3.2 The Contractor must provide CST Kit items that appear factory new.

Definition of factory new: Item must appear factory new or refurbished. The item may show extremely minor signs of wear but must not look tampered with in any way.

8.3.4 Electronic items must include a factory power cord. Items are not required to power on.

9.0 DELIVERY

9.1 The Contractor shall deliver the CST Kit items to FPS within ninety (90) days of contract award.

9.2 FPS reserves the right to alter the schedule and quantities shipped, as FPS mission requirements may change. Such change may only be done via contract modification. Initial shipment quantities may change but will require written direction from the FPS Contracting Officer (CO) to do so.

9.3 The Contractor shall deliver the CST Kits to FPS regional offices, number kits per office, POCs and addresses will be supplied upon contract award. Any kits not shipped to regional offices will be shipped to:

Attn: Jeffrey Glow or Kaan Canturk 6595 Springfield Center Dr Springfield, VA 22150 Mailstop: 0661

10.0 WARRANTY

The manufacturer shall provide a one (1) year warranty on inert Covert Security Testing Kits to begin after receipt of complete delivery of products. The Contractor shall repair or replace any defective merchandise covered under warranty, along with any shipping costs incurred, at the Contractor’s expense. Any replacement products shall be of equal or better functionality to that of the product being replaced.

11.0 First Article Testing

52.209-4 First Article Approval-Government Testing.

FIRST ARTICLE APPROVAL-GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver 1 unit(s) of each item within 14 calendar days from the date of this contract to the Government at: Federal Protective Service Attn:

Protective Security Operations Division 6595 Springfield Center Dr, Springfield, VA 22150, for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. This contract elsewhere specifies the characteristics that the first article must meet and the testing requirements.

(b) Within 14 calendar days after the Government receives the first article, the Contracting Officer will notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval will state any further action required of the Contractor. A notice of disapproval will cite reasons for the disapproval.

(c) If the Government disapproves the first article, the Contractor, upon

Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time the Government specifies. The Government will act on this first article within the time limit specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting

Officer disapproves any first article, the Contractor will have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor-

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or

(c) above, the Contracting Officer will, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates, the contract price, or both, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

The First Article Test sample kit from the selected vendor will be retained and be considered kit #1 and the vendor will be responsible for providing an additional 34 kits.

Sample kits will be returned to the unsuccessful offerors within 60 days. The Government will be responsible for all costs associated with the shipment to return. Offeror must provide a complete return address for the shipment. (POC name, address, email and phone number).

12.0 SECURITY

Contractor will have access to unclassified and Sensitive But Unclassified Information under this SOW. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination.

12.1 Section 508 Compliance

Section 508 does not apply to your deliverables.

12.2 Supply Chain Risk Management (C-SCRM) Sow Language

a. Definitions

i. End-of-Life (EOL): means that an ICT product has reached the final stage of the product life cycle in which that version of the ICT product will no longer be supported nor manufactured (e.g., no patches will be developed, no security improvements will be made, and, sometimes, no troubleshooting technical assistance will be offered).

ii. End-of-Support (EOS): means that an ICT product will no longer be supported (e.g., no patches will be developed, no security improvements will be made, and, sometimes, no troubleshooting technical assistance will be offered).

iii. Information and communications technology (ICT): encompasses the capture, storage, retrieval, processing, display, representation, presentation, organization, management, security, transfer, and interchange of data and information; includes all categories of ubiquitous technology used for the gathering, storing, transmitting, retrieving, or processing of information (e.g., microelectronics, printed circuit boards, computing systems, software, signal processors, mobile telephony, satellite communications, and networks).

iv. Product: part of the equipment (hardware, software and materials) for which usability is to be specified or evaluated.

b. Original Equipment Manufacturer (OEM) End-use Information and Communications Technology (ICT) Product.

i. The contractor shall provide new equipment unless otherwise formally approved by the Government, in writing. The contractor shall provide only Original Manufacturer (OEM) end-use products to the Government. In the event that a shipped OEM product, or part or component of that product, fails, all replacements must be new OEM.

ii. The contractor may provide previously-used OEM products only with written Government approval. Such parts shall be procured from their original source and shipped only from the manufacturer’s authorized shipment points.

c. List of Components in ICT Products

i. Contractors shall provide and maintain a list of components for each product used in performance of the contract, including through subcontracts or other arrangements. This list for each product shall provide the component manufacturer’s name, address, state, and/or domain of registration, and, where applicable, the Unique Entity Identifier (UEI) number, for all components comprising the ICT products.

ii. Contractors employing subcontractors shall perform due diligence to ensure that these standards are met.

iii. The contractor should notify the Government when a new contractor/subcontractor/service provider is introduced to the ICT provided on this contract, or when suppliers of components or products are changed.

If a software component used in the performance of the contract is updated with a new build or release, the contractor must update the list provided in accordance with (i) above to reflect the new version of the software. This includes software builds to integrate an updated component or dependency.

iv. For software products, the contractor shall provide all OEM software updates, and patches to correct defects, for the life of the product [i.e., until the “End of Life” (EoL) or “End of Support” (EoS)]. Software updates and patches shall be made available to the government for all products procured under this Contract and replaced when End of Support (EoS) is reached.

d. Supply-Chain Transport

i. The contractor shall use formal and accountable transit, storage, and delivery procedures (i.e., the possession of the end-use product to be delivered is documented at all times from initial shipping point to final destination, and every transfer of the product from one custodian to another is fully documented and accountable) for all information and communication technology (ICT) shipments to fulfill this contract.

ii. The contractor shall maintain all records pertaining to the transit, storage, and delivery of ICT deliverables under this contract through at least 6 months after acceptance and make available for inspection upon request of the Government.

iii. The contractor shall make use of tamper-proof or tamper-evident packaging for all shipments.

iv. The contractor shall provide a packing slip for each container or package with the information identifying the contract or order number, a description of the hardware/software enclosed (Manufacturer name, model number, serial number), and the customer point of contact.

v. The contractor shall provide shipping notification to the intended government recipient with a copy transmitted to the Contracting Officer, or other designated representative. This shipping notification shall be provided electronically and identify the contract or order number, a description of the hardware/software being shipped (manufacturer name, model number, serial number), initial shipper, shipping date and identifying (tracking) number.

e. Foreign Equities The Contractor shall immediately notify the Contracting Officer and Contracting Officer’s Representative regarding any changes to corporate ownership or control from contract award through final delivery or the end of the period of performance.

Attachment A

Stock photos for examples:

Attachment A

A. Invoicing

Invoices shall be submitted for payment within 30 days after completion of the prior month’s services. Invoices shall not contain any employee Personally Identifiable Information (PII).

Invoices shall be submitted via one of the two following methods:

1. By mail: FPS-HQ

DHS, FPS

Financial Operations – Burlington

P.O. Box 1279

Williston, VT 05495-1279

Attn: FPS-HQ Invoice

2. By e-mail: FPSInvoice.Consolidation@ice.dhs.gov

• The invoice number shall be annotated in the subject line of the e-mail

• Only one (1) invoice shall be submitted per e-mail message

• The invoice attached to the e-mail shall be in Portable Document Format (PDF)

Invoices submitted by other than these two methods will not be processed and will be returned. The Contractor shall provide an informational copy of each invoice to the Contracting Officer, melissa.stolle@fps.dhs.gov, and the Contracting Officer’s Representative, Alinda.a.coats@fps.dhs.gov concurrent with submission to the designated billing office referenced above.

In addition to the information required for a proper invoice as identified in FAR 52.212-4(g), Terms and Conditions—Commercial Products and Commercial Services (OCT 2018), the Contractor shall include the following information:

1. Annotate “FPS-HQ” on the face of each invoice

2. Clearly identify the period of performance for which the services were rendered or the date the supplies were delivered to the Government (invoices for periods of performance that encompass less than a full month of service must show the specific dates that services were rendered).

3. Cite the identical CLIN description on the invoice as what is cited within the CLIN description listed in the purchase order.

4. Where there are variances between the requirements cited in the Order and the work actually performed, the Contractor shall attach a separate sheet to the invoice detailing each instance of a variance.

Contractors shall submit only one invoice per contract or order per month. Failure to comply with these submission requirements will result in rejection of the invoice. Final invoices shall be marked “FINAL” and be accompanied by an executed “Contractor’s Release” (DHS Form 700-3 (12/07)) available at http://dhsconnect.dhs.gov/forms/documents/DHS_Form_700-03.pdf or by request to the Contracting Officer.

B. Payments

Payment will be made on a calendar month basis in arrears upon submission of an invoice.

Payment will be due on the 30th calendar day after receipt of a proper invoice or date of receipt of services, whichever is later. The Contractor is responsible for submitting accurate invoices that reflect the actual services provided each month. Where there are variances between the requirements cited in the Order and the work actually performed, the Contractor shall attach a separate sheet to the invoice detailing each instance of a variance. The Contractor shall compute the invoice price to reflect the actual service(s) performed. Repeated substantiated errors in invoicing may adversely affect the performance assessments assigned during contract performance. Submission of false invoices shall be subject to contractual and legal actions. The Government will only pay for services actually rendered by the Contractor and funded on the Orders. Any inquiries regarding payment shall be directed to the COR and/or CO.

CONTRACT CLAUSES

The following clauses from the Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) are incorporated:

FAR 52.203-17 Contractor Employee Whistleblower Rights

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

FAR 52.209-4 First Article Approval-Government Testing.

First Article Approval-Government Testing (SEP 1989)

(a) The Contractor shall deliver 1 unit(s) of each item within 14 calendar days from the date of this contract to the Government at: Federal Protective Service Attn: Protective Security

Operations Division 6595 Springfield Center Dr, Springfield, VA 22150, for first article tests.

The shipping documentation shall contain this contract number and the Lot/Item identification. This contract elsewhere specifies the characteristics that the first article must meet and the testing requirements.

(b) Within 14 calendar days after the Government receives the first article, the Contracting Officer will notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval will state any further action required of the Contractor. A notice of disapproval will cite reasons for the disapproval.

(c) If the Government disapproves the first article, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time the Government specifies. The Government will act on this first article within the time limit specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor will have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor—

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing;

and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer will, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates, the contract price, or both, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel

FAR 52.204-13 System for Award Management—Maintenance

FAR 52.204-91 Contractor identification

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

FAR 52.211-6 Brand Name or Equal. (AUG 1999)

FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services.

(NOV 2023)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

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

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

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

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) 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, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting 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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) 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.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) 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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) 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—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless 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.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

(2) The Contractor shall make available at its 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 part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years 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 clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

FAR 52.222-3 Convict Labor

FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies

FAR 52.222-36 Equal Opportunity for Workers with Disabilities

FAR 52.222-50 Combating Trafficking in Persons

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706

FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors

FAR 52.223-23 Sustainable Products and Services

FAR 52.225-1 Buy American-Supplies

FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

FAR 52.232-29 Terms for Financing of Commercial Products and Commercial Services

(a) Contractor entitlement to financing payments. The Contractor may request, and the Government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly due in accordance with this contract;

the supplies deliverable or services due under the contract will be delivered or performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract.

(b) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated contract financing payments.