Loren Data's SAM Daily™

FBO DAILY ISSUE OF JULY 12, 2008 FBO #2420
SOLICITATION NOTICE

69 -- Leadership Development Courses

Notice Date

7/10/2008
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

611430 — Professional and Management Development Training
 

Contracting Office

Department of Homeland Security, Transportation Security Administration, Headquarters TSA, 601 S. 12th Street, TSA-25, 10th Floor, Arlington, Virginia, 22202
 

ZIP Code

22202
 

Solicitation Number

HSTS01-08-R-HRM188
 

Archive Date

8/7/2008
 

Point of Contact

Rebecca L Leake,, Phone: 571-227-2861, Marvin Grubbs,, Phone: 571-227-4978
 

E-Mail Address

Rebecca.Leake@dhs.gov, marvin.grubbs@dhs.gov
 

Small Business Set-Aside

Total Small Business
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is HSTS01-08-R-HRM188 and this solicitation is issued as a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. This solicitation is set-aside for small businesses, has a NAICS code of 611430, Professional and Management Development Training, and a small business size standard of $6.5 million. Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications, with its offer. 2.0 DESCRIPTION OF REQUIREMENT 1.ORGANIZATION Office of Real Estate Services, TSA-1 7 Transportation Security Administration 601 South 12th Street Arlington, VA 22202-4220 2.PROJECT BACKGROUND and OBJECTIVES The Transportation Security Administration (TSA) Office of Leadership Training and Development (LTD) is committed to assist leaders in facilitating and guiding employees through continuous organizational change, to increase organizational efficiencies, and improve employee performance throughout the agency. TSA conducts several leadership development programs as part of its succession planning efforts to develop the core leadership competencies needed to mobilize employee support for change initiatives and how to guide employees through continuous organizational change. TSA needs to acquire commercial off-the-shelf (COTS) leadership development courses so that TSA employees can continue to use software to conduct leadership training as part of the Mid-level Leadership Development Program (MLDP) and Senior Leadership Development Program (SLDP). The offered product will allow program participants to more quickly and cost-effectively complete the training at their airport/office locations (as opposed to instructor-led training). 3.SUPPORT REQUIRED The TSA LTD is seeking COTS software that will allow participants in TSA leadership development programs (senior and middle) to access dynamic and interactive leadership development courses. These leadership development courses must be delivered in electronic format (e.g., web-based, CBT) and include self-paced learning, simulated practice scenarios in which participants must make decisions for fictional characters, and reinforcing activities in which learners apply the concepts to their own work. The content of leadership development courses must be related to TSA leadership competencies (e.g., teambuilding, customer service, interpersonal skills, operational management, flexibility, conflict management, decisiveness, honesty and integrity, accountability and diversity) and/or the Office of Personnel Management (OPM) Core Executive Qualifications (ECQ). The course(s) must be compatible with TSA’s Learning Management System (i.e., Online Learning Center) so that TSA can assign courses, track course completion and monitor student progress via the Online Learning Center (OLC) (see OLC requirements XII for more detail). 4. REQUIREMENTS I.The contractor shall be responsible for providing 1,000 subscriptions to the electronic leadership development courses. Web-based courses are preferred but computer-based training will also be considered. II. The contractor shall provide TSA employees with subscriptions complete access to an unlimited number of courses during the subscription period. The contractor shall provide access to any additional courses released during the term of the subscription that relate to leadership development. III.The contractor shall be responsible for ensuring that courses will develop skills in selected TSA leadership competencies and/or OPM Executive Core Qualifications. Courses must have proven success at developing leadership competencies. IV.The contractor shall provide supplemental learning guides (e.g., learning journals, course workbooks) for each course as needed to be used to extend the learning beyond the electronic training courses and to assist learning is applying the principles taught in each course. V.The contractor shall provide a student launch kit with step-by-step guide to facilitate loading courses, navigating courses, completing courses and viewing videos/simulations etc. VI.The contractor will provide customer support to answer questions about course content, objectives, goals, and alignment to TSA/OPM competencies and to assist TSA with developing customized strategies around content and tools. VII.The contractor shall provide technical support to ensure that TSA employees can effectively use the training. VIII.The contractor will provide an administrator kit with step-by-step instructions to facilitate assessing and measuring tools student learning and performance to determine the return on investment and business objectives. IX.The contractor will provide measurement tools and reporting tools to allow TSA to monitor performance and evaluate the impact of courses. X.The contractor will provide TSA with the ability to collect data on student reaction to courses, effectiveness of the training, and evaluate the impact of training to determine the return on investment and business objectives of the training. XI.The contractor will provide 24-hour access for subscribers (i.e., students) and administrators to the latest product information, patch updates, documentation and technical resources. XII.The contractor will ensure the leadership development training courses can be integrated with TSA’s OLC (i.e., SCORM 1.2 and AICC compatible) and that TSA has the ability to assign courses to employees, measure progress on courses/usage, and monitor individual scores/learning progress using the existing Learning Management System (i.e., OLC). XIII.The contractor will ensure that the leadership courses meet Section 508 accessibility standards. XIV.The contractor will ensure that the leadership development training can be accessed and completed on all TSA computers across all business units in the field and headquarters (approximately 450 locations worldwide). XV.The contractor shall comply with Department of Homeland Security (DHS) and Transportation Security Administration (TSA) technical, management and operational security controls to ensure that the Government's security requirements are met. These controls are described in DHS MD 4300A and TSA MD 1400 series security policy documents and are based on the NIST 800-53 standards (http://csrc.nist.gov/publications/PubsSPs.html). XVI.The contractor shall ensure and provide evidence of protection of TSA user identification credentials. 5.GOVERNMENT FURNISHED RESOURCES 5.1Information Sources TSA will provide authorized contractors the necessary network and database access following submittal of signed non-disclosure agreements and any required acceptable security screening IAW TSA MD 2800.71. Pre-Employment Investigative Standards for TSA Non-Screener Employees and Contractors 6.APPLICABLE DOCUMENTS DHS MD 4300A TSA MD 1400 Series Non-Disclosure Agreement (Please contact the Contract Specialist, Rebecca Leake Kruse, for the attachments). 7.PERFORMANCE/DELIVERY PERIOD The base period of performance is one year from date of contract award with three 1 year option periods. Courses shall be available within 24 hour of contract award. 8.NON-DISCLOSURE All contractors performing work under this contract are required to complete a Non-Disclosure Agreement prior to work commencement. 9. IT SECURITY REQUIREMENTS The Contractor shall comply with Department of Homeland Security (DHS) and Transportation Security Administration (TSA) technical, management and operational security controls to ensure that the Government's security requirements are met. These controls are described in DHS MD 4300A and TSA MD 1400 series security policy documents and are based on the NIST 800-53 standards. The Contractor shall ensure that its employees follow all policies and procedures governing physical, environmental, and information security described in the various TSA regulations pertaining thereto, good business practices, and the specifications, directives, and manuals for conducting work to generate the products as required by this contract. Personnel will be responsible for the physical security of their area and government furnished equipment (GFE) issued to them under the provisions of the contract. All Contractor employees shall receive TSA IT Security Awareness Training within 60 days of assignment to the contract. Refresher training must be completed annually thereafter. All Contractor employees (users, managers, and operators of the TSA network) must sign TSA Form 1403, “Computer Access Agreement.” Contracting Officer’s Technical Representative (COTR) and the OCISO shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced. User Identification – Per policy, Social Security Numbers (SSN) or other Protection of Personally Identifiable Information (PII) can not be used as login IDs in accordance with TSA IT Security Policy (ITSP) Handbook Chapter 4, Section 2, paragraph 3.11 - User Identities, Network Logical Access Control. Vendor needs to ensure that a PII identified systems/software implement the necessary NIST SP 800-53 controls as identified in OMB M-06-16 IAW DHS 4300A Sensitive Systems Policy, paragraph 2.20. PII includes sensitive information about any individual which contains the individual’s name and one or more of the following elements (for example): •Social security number or driver’s license number •Date of birth •Financial information such as account numbers or Electronic Funds Transfer information (though not a concern for this PR). Data Protection – Per policy, IT systems/software transmitting unclassified/SSI related information requires protection based on risk assessment. If encryption is required, the following methods are acceptable for encrypting sensitive information: •Product Advanced Encryption Standard (AES) algorithms that have been validated under FIPS 140-2. •National Security Agency (NSA) Type 2 or Type 1 encryption. •Public Key Infrastructure (PKI) (see paragraph 5.5.2.1 of the Department of Homeland Security (DHS) IT Security Program Handbook (DHS Management Directive (MD) 4300A) for Sensitive Systems). Audit – As part of a defense-in-depth strategy, the IT Security Branch (Audit Team) conducts regular reviews and/or audits of TSA assets to ensure that the security requirements in the contract are implemented and enforced IAW TSA ITSP Handbook Chapter 3, Section 16, Periodic System Scanning and Audit. Vendor due diligence - The vendor must satisfy requirements to work with and safeguard Personally Identifiable Information (PII) IAW DHS and TSA security policies and mandates as indicated in the: •DHS MD 4300A Sensitive Systems Policy •TSA Information Technology Security Policy (ITSP) Handbook Chapter 3, Section 6, Privacy and Acceptable Use •TSA MD 3700.2 Safeguarding Personally Identifiable Information Outside of TSA Facilities •TSA MD 3700.4 Handling Sensitive Personally Identifiable Information Expiration of Contract – Following expiration of the contract, the vendor shall return all TSA related information and IT resources to the TSA CO during the contract, as well as provide a certification that all assets containing or used to process TSA information have been sanitized or destroyed in accordance with the TSA ITSB security policy. The contractor is required to certify in writing that sanitization and/or destruction has been performed. 10.REQUIREMENTS FOR HANDLING SENSITIVE AND/OR PROPRIETARY INFORMATION During performance, it may be necessary for the contractor to handle sensitive or proprietary information pertinent to TSA's operations. The contractor shall handle this information with due professional care. The contractor may not use the information for purposes other than those defined within this Specification. Unless otherwise specified, all information, which is produced or otherwise available to the contractor during their performance of this contract shall be considered confidential and proprietary and shall not be used for any purpose other than performance of the work under this contract. The products of the contractor’s work shall not be shared with anyone or group without the written permission of the Contracting Officer. Regardless of the form of this data, the contractor shall not disclose or allow disclosure of any such data or derivatives, except as may be required in the performance of this contract. All data shall be returned to the Contracting Officer at the completion of the contract. 11.GOVERNMENT CONTACTS Contracting Officer Marvin Grubbs Office of Acquisition Real Estate Services Team Department of Homeland Security Transportation Security Administration Phone (571) 227-4978 Fax (571) 227-1372 Marvin.Grubbs@dhs.gov Contracting Specialist Rebecca Leake Kruse Office of Acquisition Real Estate Services Team Department of Homeland Security Transportation Security Administration Phone (571) 227-2861 Fax (571) 227-1372 Rebecca.Leake@dhs.gov HQ: Trina L. Clever Leadership Training and Development Department of Homeland Security Transportation Security Administration 3.0 CONTRACT ADMINISTRATION DATA Submission of Invoices (February 2006) (a) The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen). (b) Invoices may be submitted via U.S. Mail, electronic mail, or facsimile. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the three methods is as follows: (1) U.S. Mail: United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111 (2) Electronic Mail: FIN-SMB-TSAINVOICES@uscg.mil (3) Facsimile: 757-413-7314: Facsimile submissions should be addressed to TSA Invoices. Submit only one copy of the invoice. If an invoice is faxed or e-mailed, do not mail a copy of the same invoice. It is the contractor’s responsibility to confirm receipt of an invoice e-mailed or faxed to the Finance Center (FinCen). Please note that the e-mail address above is not intended to answer questions regarding the status of invoices or to confirm receipt. For inquiries regarding the status of invoices, please call Customer Service Staff at 757-523-6940 or visit the FinCen web page at https://www.fincen.uscg.mil/secure/payment.htm (c) The electronic mail address and facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If either electronic mail or facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (e) of this clause. (d) Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s Technical Representative and/or Contracting Officer for review and approval. Upon approval, the TSA Contracting Officer will electronically route the invoices back to FinCen. Upon receipt of approved invoices from a TSA Contracting Officer, and the subsequent certification by an Authorized Certifying Official, FinCen will initiate payment of the invoices. (e) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means: (1) Via the internet: https://www.fincen.uscg.mil/secure/PH_menu.htm (2)Contacting the FinCen Customer Service Section via telephone at (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week. (3) Via the Payment Inquiry Form https://www.fincen.uscg.mil/secure/payment.htm (End of Clause) Preparation of Invoices (May 2006) (a) Invoices shall include the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number. (b) Invoices that fail to provide the information required by the Prompt Payment Clause may be rejected by the Government and returned to the Contractor. Such rejection by the Government does not entitle the Contractor to interest payments from the date of submission of a rejected invoice. Interest payments apply only to proper invoices that are received by the Government. (c) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Technical Representative. (End of Clause) Contract Management Notwithstanding the Contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between the Transportation Security Administration (TSA) and the Contractor. The following individuals will be the TSA’s points of contact during the performance of the contract: Contracting Officer (CO): The TSA Contracting Officer (CO) identified below, has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, and requirements. No oral statement by any person, or written statement by anyone other than the Contracting Officer, or his or her authorized representative acting within the scope of his or her authority, shall be interpreted as modifying the terms and conditions of this Contract. The CO may delegate certain other responsibilities to his/her authorized representatives or Contracting Officer Representative (COTR). The CO for this contract is: Marvin Grubbs Office of Acquisition, TSA – 25 Transportation Security Administration 601 South 12th Street Arlington, VA 22202 571-227-4978 TEL marvin.grubbs@dhs.gov Contracting Officer’s Technical Representative (July 1996) 3.10.1-22 (a) The Contracting Officer may designate other Government personnel (known as the Contracting Officer's Technical Representative) to act as his or her authorized representative for contract administration functions which do not involve changes to the scope, price, schedule, or terms and conditions of the contract. The designation will be in writing, signed by the Contracting Officer, and will set forth the authorities and limitations of the representative(s) under the contract. Such designation will not contain authority to sign contractual documents, order contract changes, modify contract terms, or create any commitment or liability on the part of the Government different from that set forth in the contract. (b) The Contractor shall immediately contact the Contracting Officer is there is any question regarding the authority of an individual to act on behalf of the Contracting Officer under this contract. The COTR for this contract is: Trina Clever phone/email to be provided upon award Leadership Training and Development Office of Human Capital Transportation Security Administration 701 South 12th Street, TSA-25 Arlington, VA 22202-4202 4.0 SUBMITTAL REQUIREMENTS Your quote should consist of the following and should be submitted in the following order: A. Volume I Contents (Technical Content): 1. Protection of Transportation Security Administration User Identification Credentials a. Provide detailed demonstration of ability to protect TSA’s user identification credentials. 2. Technical Approach a.The Offeror shall provide a detailed technical approach that clearly addresses each area of the Specification. Offeror shall especially focus on the following: -Understanding of the requirement -Quality and proven success of leadership development courses -Delivery format -Content of leadership courses in relations to TSA leadership competencies and Office of Personnel Management Cores Executive Qualifications -Compatibility with TSA’s Learning Management System (i.e., Online Learning Center) -Type of course proposed (web-based preferred) -Customer Support (supporting the day-to-day needs of the system/user). Focus on the Experience and qualifications of the Support. -Supplemental Learning Guide -Student Launch Kit -Administrator Kit -Measurement and Reporting Tools 3. Past Performance Past performance information should include demonstrated successful past performance to include prior experience with the federal government, private sector, and/or the public sector. A description of past and current contracts should be provided, citing work as closely related as possible to the current effort. Contractors are required to provide three references with a brief description of previous projects of similar size and complexity. The TSA may contact those references during the evaluation process to verify relevant experience and performance. The Government may, at its discretion, obtain and evaluate information from sources other than those provided by the Contractor. - Each example of past performance shall include: a.Contract Number b.Contract Description c.Contract Amount and Type of Contract d.Period of Performance (note: include the original (as-awarded) POP and subsequent (as-modified) POP, if applicable). e.Name, address, E-mail address, and telephone number and FAX number of the customer (if a Government contract, please provide the name and telephone number of the Contracting Officer and the Contracting Officer’s Technical Representative (COTR). If commercial, provide the technical and contracting equivalent). f.Size and complexity of the project. g.Whether all options were exercised, if applicable For all past performance information, please ensure that the company names, names of points of contact, E-mail addresses, telephone and FAX numbers are current. The Government will not make repeated efforts to contact the references if the information is incorrect. You should also notify the references that their names have been submitted and that the TSA will be contacting them. For any subcontractor performing a critical element of the work, please furnish at least three references for similar projects. You should also provide a description of the work performed, the dollar amount and duration of the project, and the number of subcontractor employees working on the project. B. Volume II Contents (Pricing) 1. Pricing: a. The offeror shall submit detailed pricing, including option periods, to be included at time of award. C. Sample Course a. The offeror shall submit a sample of the electronic leadership development courses. URL’s are acceptable. The Same Course will be reviewed to insure it meets the specification. 5.0 SOURCE SELECTION FACTORS/CRITERIA The Government will award a single contract resulting from this solicitation to the responsive and responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and technical factors considered. This procurement shall be conducted utilizing Best Value Selection (BVS), i.e., an offer will be selected based on the best combination of Protection of TSA User Identification Credentials, Technical Approach, Past Performance, and Price. “Best Value” is defined as the procurement process that results in the most advantageous acquisition decision for the Government and is performed through an integrated assessment and trade-off analysis among price and technical factors. While the Government evaluation team will strive for maximum objectivity, the selection process, by its nature, is subjective and, therefore professional judgment is implicit throughout the entire process. The Government reserves the right to award a contract(s) on the basis of the initial offers received without discussion. A quote should contain the Offeror’s best terms from a price and technical standpoint. The Government may award a contract to other than the lowest priced Offeror, or to the Offeror with the highest technical rating. Quotes that do not conform to all requirements in this solicitation may be rejected without further evaluation, deliberation, or discussion. Quotes that fail to address essential requirements of the solicitation will not be considered for award. Quotes that are so deficient as to be not considered for award are not eligible for further consideration. Evaluation Factors and Their Relative Order of Importance: I.Evaluation Factors The Government may award any resulting contract to other than the lowest price Offeror, or other than the Offeror with the highest non-price rating. The Government reserves the right to award without discussions. The Evaluation Factors for this award are: A.Factor 1.Protection of TSA User Identification Credentials B.Factor 2.Technical Approach C.Factor 3.Past Performance D.Factor 4. Price II. Weighting of the Factors One award will be made based upon an integrated assessment of the evaluation factors. The non-price factors (Protection of TSA User Identification Credentials, Technical Approach, and Past Performance) are ranked in descending order of importance and are collectively more important than the Price Factor. As quotes become more equal in their non-price factors, the price factor will become equal to the combined non-price factors. Offerors must demonstrate their ability to meet all requirements of the Specifications. Any factors or factor evaluated as “unacceptable” will render the quote non-responsive. The following three (3) technical evaluation factors are listed in order of importance: •Protection of TSA User Identification Credentials •Technical Approach •Past Performance III. Ratings. •A.For Factor 1 (Protection of TSA User Identification Credentials) and Factor 2 (Technical Approach), the Government will use the following Adjectival ratings: EXCEPTIONAL; GOOD; ACCEPTABLE; and UNACCEPTABLE. •B. For Factor 3 (Past Performance) the Government will use the following Adjectival ratings: ACCEPTABLE; NEUTRAL; and UNACCEPTABLE. C. Factor 4 (Price) will not be given a rating, however, the Government will evaluate the quote using price analysis to determine if the prices are fair, reasonable and realistic. Unrealistically low or high proposed prices may be ground for eliminating a quote from competition either on the basis that the Offeror does not understand the requirement or has made an unrealistic quote. The Government will evaluate realism by assessing how well the price tracks to the offeror’s technical quote. Quotes will be evaluated by adding the option items to the basic items to be awarded. Evaluation of the option items does not obligate the Government to exercise the option. The burden of providing complete information rests with the Offeror. Responses must be thorough and provide enough depth of information for the Government to evaluate adequately. III. Evaluation Factors Defined. IProtection of Transportation Security Administration User Identification Credentials: The Offeror shall be evaluated in their demonstrated ability to protect TSA’s user identification credentials. IITechnical Approach: The technical approach should demonstrate the Offeror’s ability to meet the requirements of the Specification, to include the following: (a)Understanding of the requirement (b)Quality and proven success of leadership development courses (c)Delivery format (d)Content of leadership courses in relations to TSA leadership competencies and Office of Personnel Management Cores Executive Qualifications (e)Compatibility with TSA’s Learning Management System (i.e., Online Learning Center) (f)Type of course proposed (web-based preferred) (g)Customer Support (supporting the day-to-day needs of the system/user). The Experience and qualifications of the Support. The Quality and Soundness of the following shall be evaluated within the Technical Approach: (h)Supplemental Learning Guide (i)Student Launch Kit (j)Administrator Kit (k)Measurement and Reporting Tools III. Past Performance: Past performance information should include demonstrated successful past performance to include prior experience with the federal government, private sector, and/or the public sector. A description of past and current contracts should be provided, citing work as closely related as possible to the current effort. The evaluation will take into account the firm’s management and technical performance functions of contract execution; customer service; the utilization of accepted practices; and the utilization and management of subcontractors, if any. Contractors are required to provide three references with a brief description of previous projects of similar size and complexity. The Government will evaluate the vendor’s response based on the following information: •Relevancy and complexity of projects in relation to the requirements •Assessment of project performance and ability to meet requirements IV.Price •Price proposed based on the technical approach required to fulfill the SOW requirements 6.0 SUBMISSION Please submit your submission no later than July 23, 2008. The written responses must be received by 10:00 A.M. local DC time and should be emailed to Rebecca.Leake@dhs.gov or faxed to 571-227-1372. 7.0 QUESTIONS Any questions raised concerning this RFQ must be submitted to Rebecca.Leake@dhs.gov no later than 3:00 p.m. local DC time on July 17, 2008. 8.0 CLAUSES – ADDITIONS: 52.252-2 -- Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: http://farsite.hill.af.mil/vffar1.htm or http://www.acqnet.gov/far. The following clauses are hereby incorporated by reference with full force and effect: 52.212-1 Instructions to Offerors-Commercial (June 2008) 52.212-4 Contract Terms and Conditions – Commercial Items (Feb 2007) 52.217-8 Option to Extend Services (Nov 1999) 52.223-10 Waste Reduction Program (Aug 2000) 52.227-14 Rights in Data-General (Dec 2007) 52.247-34 F.o.b. Destination (Nov 1991) Terms and Conditions: Terms and conditions of the offeror’s Quote shall be in accordance with the terms and conditions of the DHS FIRST SOURCE contract. The following clauses are in full effect: 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Feb 2008) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (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.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (4) [Reserved] _X_ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (8)(i) 52.219-9, Small Business Subcontracting Plan (Sept 2007) (15 U.S.C. 637(d)(4). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. _X_ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f _X_ (15) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)). _X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126). _X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). __ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) __ (ii) Alternate I (Aug 2007) of 52.222-50. _X_ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)). __ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). _X_ (26) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d). __X__(27)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). _X_ (ii) Alternate I (Jan 2004) of 52.225-3. _X_ (iii) Alternate II (Jan 2004) of 52.225-3. __ (28) 52.225-5, Trade Agreements (Aug 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (29) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (30) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Aug 2006) (42 U.S.C. 5150). __ (31) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2006) (42 U.S.C. 5150). _X_ (32) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (33) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (34) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (35) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (36) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). _X_ (37) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (38)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) 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: _x_ (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.). _X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)). (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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (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) 52.217-9 Option to Extend the Term of the Contract (March 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four years. (End of clause) 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. 52.224-2 PRIVACY ACT (APR 1984) (a) The Contractor agrees to— (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies— (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (c)(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. NOTE: The following attachments are available by contacting Rebecca.Leake@dhs.gov: DHS MD 4300A TSA MD 1400 Series Non-Disclosure Agreement
 

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