PRESOL | B | Engineering Support Services to Identify, Locate and Catalogue Underground Critical Infrastructure

FBO DAILY ISSUE OF AUGUST 23, 2009 FBO #2829
SOLICITATION NOTICE

B -- Engineering Support Services to Identify, Locate and Catalogue Underground Critical Infrastructure

Notice Date: 8/21/2009
Notice Type: Combined Synopsis/Solicitation
NAICS: 541618 — Other Management Consulting Services
Contracting Office: Office of the Chief Procurement Officer, Washington, District of Columbia, 20528, United States
ZIP Code: 20528
Solicitation Number: HSHQDC09Q00407RFQ
Archive Date: 9/17/2009
Point of Contact: Elie F. Stowe, Phone: 2024475615
E-Mail Address: elie.stowe@dhs.gov
(elie.stowe@dhs.gov)
Small Business Set-Aside: Total Small Business
Description: 0001 Labor to Identify, Locate, and Catalogue Underground Critical Infrastructure from Improvised Explosive Threats iaw the Statement of Work. This is a fixed-price CLIN. (1 LO) 0002 Travel required to Identify, Locate, and Catalogue Underground Critical Infrastructure from Improvised Explosive Threats. The not-to-exceed costs set forth under this CLIN will be reimbursed on a no-fee added, cost-reimbursable basis, and in accordance with the Federal Travel Regulations (FTR). The Contractor shall not incur any costs that are chargeable to this CLIN without the prior written consent of the COTR. NO INPUT FOR THIS CLIN IS REQUIRED ON THE PART OF QUOTERS. The not-to-exceed amount for this CLIN is $27,000.00. (1 LO) 0003 Other Direct Costs required to Identify, Locate, and Catalogue Underground Critical Infrastructure from Improvised Explosive Threats. The not-to-exceed costs set forth under this CLIN will be reimbursed on a no-fee added, cost-reimbursable basis. The Contractor shall not incur any costs that are chargeable to this CLIN without the prior written consent of the COTR. NO INPUT FOR THIS CLIN IS REQUIRED ON THE PART OFQUOTERS. The not-to-exceed amount for this CLIN is $2,766,000.00 (1 LO) STATEMENT OF WORK FOR SECURING UNDERGROUND CRITICAL INFRASTRUCTURE FROM (IMPROVISED) EXPLOSIVE THREATS 1. OBJECTIVE. The objective of the work to be performed hereunder is to identify, locate, catalog, and secure underground infrastructure at various Pilot Sites using secure Manhole Barrier Device(s)(MBDs). This SOW outlines the specific contracted support services required for the OBP to execute the tasks in connection with its MJIEDSP efforts, and for CIKR facilities to be evaluated during the PSCD-sponsored Regional Resiliency Assessment Program (RRAP). The services are required by the Department of Homeland Security (DHS), Office of Infrastructure Protection (IP), Protective Security Coordination Division (PSCD), Office of Bombing Protection (OBP) in support of Multi-jurisdictional IED Security Plans (MJIEDSPs). The work will require close coordination with the OBP representatives in Arlington, Virginia. 2. BACKGROUND. a. Much of the infrastructure of the United States goes unnoticed, below ground in the network of tunnels hidden below our streets, buildings, and parks. The pipes, wires, cables, and other conduits essential to transport electricity, natural gas, telecommunications (voice, data, video) and potable water are often protected only by unsecured manhole covers, and as a result, are vulnerable to terrorist use of explosives. The potential consequences from an unauthorized intrusion into an unsecured access point with an improvised explosive device could be catastrophic. b. Given the imperatives to protect the nation’s critical infrastructure and key resources (CIKR), and to counter terrorist use of explosives as outlined within Homeland Security Presidential Directives 7 and -19, the DHS recognizes that underground infrastructure must be secured to deter, protect and prevent unauthorized access to assets that include the telecommunications and utility industries, municipalities, ports, energy, and manufacturing plants and other facilities or assets. c. Manholes are commonly found in Urban Areas Security Initiative (UASI) areas where a substantial portion of the critical infrastructure is housed underground. These strategic locations include urban centers; key infrastructure intersections; centers of business, industry, and government; significant landmarks, transportation hubs and areas of public gathering(s). Through this effort, the OBP will coordinate a pilot program and identify a top-performing Manhole Barrier Device (MBD), which will provide protective security for underground critical infrastructure and assets caused by open access points while providing ready- and controlled access to the underground CIKR for maintenance, repairs, and upgrades. d. The DHS, through the OBP, has created this technical approach aimed at evaluating underground CIKR vulnerabilities and improving the protection of the CIKR in high-risk locations as part of (MJIEDSP). Effective security can only be achieved by analyzing underground CIKR vulnerabilities to improvised explosive device (IED) attack(s), and determining methods to secure manholes, which are access points to selected underground CIKR. Security should be targeted, and focused, on manholes and/or access points with the highest risk. 3. SCOPE. This SOW establishes the requirements for identifying, locating, cataloging, and securing underground critical infrastructure and identifying a top-performing MBD. The selected MBD will provide protective security for vulnerable open-access points of underground critical infrastructure and assets, while providing ready- and controlled access to the underground CIKR for maintenance, repairs, and upgrades. Under this effort, the Contractor shall: a. Develop a methodology and tools to identify and catalog underground infrastructure that is vulnerable to explosive attack(s). This methodology will support on-going OBP efforts, such as MJIEDSP; b. Ultimately provide a viable MBD system to mitigate selected vulnerabilities as supported by on-going assessment- and planning processes; and c. Work with the identified OBP Program Manager (PM) to acquire government-furnished information or equipment. 4. TASKS. The Contractor shall perform the following Tasks. a. Task 1. Identify locations within high-risk UASI areas where the OBP efforts, such as MJIEDSPs, are being conducted. The Contractor shall identify numerous locations in the UASI areas where manholes have the physical requirements (size, thickness, etc) as the manhole systems being evaluated. From that list, the OBP will then select the specific manhole to be used based on the analyses provided by the Contractor on specific underground infrastructure vulnerabilities. These analyses will provide representative examples of the nation’s overall vulnerability. The Contractor shall work with the DHS to identify pilot locations that fit the needs of the government. b. Task 2. Assess vulnerabilities of counter-IED efforts involving underground infrastructure, including radio-controlled IEDs (RCIEDs) in selected MJIED locations. The Contractor shall provide subject-matter expertise and tools to create a site- or location-specific vulnerability mitigation plan that includes documentation of the specific vulnerability/ies, location(s), size(s), and description(s). This assessment shall be provided in a mutually agreed-upon format using software that includes Anti-Terrorism Threat Analysis Casebook (ATTAC), Orator, and/or other software programs currently in use by the OBP. This assessment may also include integration with the IED Geospatial Analysis Tool (IED GSAT), or GSAT Plus. c. Task 3. Create an “MJIED Planning Guide” template, which shall include an “Underground Infrastructure” annex. The Contractor shall develop a data-gathering template using the ATTAC (or other similar) software, which allows for the compilation of storyboard-type diagrams, and the management of digital images, videos, audio files and documents. The template will use drop-down menus to ensure that a consistent and repeatable product can be created by a wide-range of users, and accessed by the Tripwire Field Tool. d. Task 4. Identify and acquire (under the ODC CLIN of this contract) a mutually agreed upon number of top-performing MBDs that are to be installed at select locations. The number of devices will be dependent upon the costs and overall technical approaches. Each MBD shall meet the following requirements: (1) A single, self-contained barrier with an integrated, unexposed, internal locking mechanism(s). (2) Shall not require retrofitting or any construction to a manhole, or entail more than nominal time for installation, accessing, and/or re-installing. Shall be a “drop-and-lock” device capable of being installed by a single individual and able to be unlocked and removed within minutes. (3) Shall operate independently of the manhole cover and be fully functional to secure-, guard-, and protect the entrance to the underground CIKR in the event the manhole cover is damaged, dislodged, or missing. (4) Shall not contain any external parts or components requiring attachment or assembly, including exposed external bolts, cables or any external padlocks that can be cut or tampered with. (5) Shall be of solid construction, and virtually impervious to corrosion. Environmental Protection Agency (EPA) considerations require that the barrier and locking mechanism be constructed of materials that are virtually impervious to corrosion, such as stainless steel, and self-lubricating in nature. (6) Shall block the entire access point, yet allowing for pedestrian and vehicle traffic, while securing the access point. (7) Shall have an independent key/wrench/method for access. (8) Shall have a functional, tough, locking mechanism with solid, locking components (such as a gear-oriented locking mechanism) that will hold up to harsh environmental conditions and be more difficult to overcome during a forced-entry attempt (as compared to a non-solid locking mechanism, such as a spring-oriented system). The solid mechanical locking mechanism should not back off, or loosen, as a result of road vibrations or tampering. (9) Shall not contain springs as positive locking mechanisms because of the inherent weaknesses of springs (e.g., springs do not lock solidly; springs have a limited working range; and springs are less likely to hold up to the harsh environmental conditions found in the manhole). (10) Shall be transportable by a single worker. (11) Shall be available in various diameters (or shapes), ranging from less-than 32 inches to more-than 44 inches and/or with custom sizes to accommodate any system. (12) Shall offer an exterior warning plate or label to warn against, and deter, unauthorized entry to the manhole. (13) Shall meet Buy American Act provisions. e. Task 5. Provide training (in the form of workshop seminars) to security partners in MJIED locations regarding securing underground CIKR and MBDs. The Contractor shall design, develop, and deliver up to twelve (12) of these workshop seminars (which shall not exceed eight hours in length each) for state-, local- and private-sector security partners. The workshops/seminars shall highlight the vulnerabilities of underground infrastructure and the proper installation of MBDs in selected locations (Federal-, state-, and local governments; regional training centers; and/or private/commercial facilities). Workshops may be on-site and may include a combination of web-based and other multi-media methods. Workshop quality shall be tracked using entrance and exit surveys and will include attendance rosters. f. Task 6. Document progress on the mitigation of vulnerabilities using MJIEDSP. The Contractor shall use the MJIEDSP template to document mitigation of vulnerabilities to underground infrastructure within selected locations. This may include the use of technology such as radio frequency identification (RFID) tags or other such devices to track location and security-status of MBDs. g. Task 7. Determine areas that may have increased vulnerability for underground infrastructure. 5. CONTRACTOR’S SITE VERIFICATION CHECK: This contract requires the interface of new materials/equipment with equipment being attached and/or placed on existing structures and in existing facilities/buildings. The Contractor is responsible for on-site verification of existing conditions. The Contractor is responsible for the integration of the new equipment into existing spaces, and the interface of new equipment with existing systems, such as gas, electrical, water, etc. Any changes required from the agreed-upon installation plans due to changes required based on existing conditions are the responsibility of the Contractor and shall not be at additional cost to the Government. 6. PROJECT SCHEDULE: The Contractor shall prepare a progress schedule that clearly defines the tasks necessary to accomplish the tasks set forth in this SOW. The schedule shall be in the form of a GANTT chart, Critical Path Method (CPM) chart, or similar chart illustrating the start and finish dates of the terminal- and summary elements of the project. The schedule shall be composed of defined and documented Milestones and Tasks (M&T). [Milestones are defined as having no time duration; whereas, Tasks have time duration.] The schedule shall show the: •order and interdependence of M&T; •sequence of M&T execution necessary to complete the contract; •M&T that comprise the critical path; •float for those M&T not on the critical path. Procurement and subcontracting tasks may cite total individual procurement- or subcontracting costs. The monthly update of the schedule shall contain the date of effect of the update, and a list of the revision dates of the schedule. At a minimum, the following shall be included in the schedule as either Milestones or Tasks: a. Work Tasks. b. Contract milestones. c. Government furnished information and/or equipment milestones. d. Contract submittal milestones. e. Procurement activities, including major equipment tasks. f. Subcontracting activities tasks. g. Quality Control checks. 7. MONTHLY REPORT: The Contractor shall provide a monthly report that shall include an update of the Project Schedule. The Monthly Report shall reflect any changes occurring since the last report. It shall include, but not be limited to the following: a. Safety Issues b. Procurement (of MBDs) Status c. Implementation at Pilot Sites Status d. Weather Conditions at the Pilot Sites e. Schedule Status f. Program risks identified, and mitigation action(s) taken and planned g. Identification of technical problems h. Suggestions and Recommendations i. An overall assessment of progress j. Deliverables provided to date k. New plans l. Updated project work plans including milestones achieved and schedule changes m. Funds expended and funds remaining 8. PLACE(S) OF PERFORMANCE AND TRAVEL REQUIREMENTS. a. The primary place(s) of performance will be the Contractor’s facilities and Pilot Sites throughout the Continental United States (CONUS). The Government estimates that approximately six round-trips to selected Pilot Sites will be required, each of which shall require approximately three people. (This figure is provided for planning purposes only.) The trips will be in direct support of the OBP’s efforts to secure underground infrastructure from explosive threats. b. Travel. Long-distance travel will be reimbursed on a no-fee basis and in accordance with the Federal Travel Regulations (FTR). The Contractor shall obtain prior written approval from the COTR prior to incurring any travel costs. (1) Local travel will not be reimbursed. Local travel is defined as that travel taking place between: •Contractor-provided personnel residence(s) and/or place(s) of business, and Contractor facilities; •Contractor-provided personnel residence(s) and/or place(s) of business, and DHS facilities within the metropolitan Washington, DC area; and •Contractor facilities and DHS facilities. (2) The Contractor shall submit a travel report, in COTR-approved format, within five business days of travel completion. The report shall include: The SOW task reference number and task title; description/purpose of travel, include dates; staff name(s); total travel amount for each staff member per trip; total monthly amount for all staff travel grouped by task, and total monthly amount for all travel for all tasks. 9. GOVERNMENT FURNISHED PROPERTY/MATERIAL. The government will furnish publications, forms, and other documentation necessary for the Contractor to perform under this SOW. When the Contractor works at a government site, the government will provide paper and other consumable office supplies used at government facilities. 10. REPORTS AND DELIVERABLES. a. The Contractor shall submit all records and documents required by this contract, to include the applicable Codes and Specifications cited herein. The following is a summary of the deliverables required. Piecemeal submittal of documents is unacceptable; such submittals shall be returned. b. All deliverables shall be provided to the COTR and the CO electronically by the date(s) set forth herein. The COTR, or other persons designated by the COTR, will review all drafts and final deliverables to ensure accuracy, functionality, completeness, professional quality, and overall compliance with Purchase Order requirements. The Contractor shall ensure the accuracy and completeness of all deliverables. The government will consider errors, misleading statements, incomplete, irrelevant information, excessive rhetoric, or repetition as deficiencies, and the Contractor shall make corrections at no additional cost to the Government. c. Language Requirement. Contractor personnel shall provide deliverables to, and shall interface with, the Government in the English language. ParaTitleDue DateDistribution 4aRecommended locations for conducting pilot project60 days after contract awardCOTR, CO 4aIdentify locations where OBP efforts are being conducted60 days after contract awardCOTR 4bCreate mitigation plans60 days after contract awardCOTR, CO 4cDevelop MJIED Planning Guide Template, which includes underground infrastructure annex.60 days after contract awardCOTR, CO 4cData-gathering template45 days after contract awardCOTR 4dIdentify and Acquire MBDsIn coordination with the COTRCOTR 4dDesign and Develop Training SeminarsAs Determined by the COTRCOTR, CO 4eDeliver Training SeminarsAs required 4fDocument mitigation progressInclude in the monthly status reportCOTR, CO 4gDetermine increased vulnerability areas120 days after contract awardCOTR, CO 6Draft Project Schedule15 days after contract awardCOTR, CO 6Final Project Schedule15 days after receipt of written Government comments and as required due to deviations of changesCOTR, CO 7Monthly Status Reports10 days after the end of each reporting monthCOTR, CO 8Travel Reports5 days after completion of travelCOTR TERMS AND CONDITIONS 11. SERVICES AND PRICES. The proposed Purchase Order will be Firm, Fixed-Price, with additional elements (Travel, and “Other Direct Costs”) reimbursed on a no-fee, cost-only basis. For the consideration set forth in the Purchase Order, the Contractor shall provide the deliverables and/or outputs described in the Purchase Order. 12. PERIOD OF PERFORMANCE. a. The period of performance is anticipated to be twelve (12) months, commencing at Purchase Order award. b. Government Holidays. The Federal Government observes the following holidays: New Year's Day - 1 January Martin Luther King's Birthday - Third Monday in January President's Day - Third Monday in February Memorial Day - Last Monday in May Independence Day - 4 July Labor Day - First Monday in September Columbus Day - Second Monday in October Veterans Day - 11 November Thanksgiving Day - 4th Thursday in November Christmas Day - 25 December If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the U.S. Government observes the preceding Friday as a legal holiday. Also included would be any day specifically declared by an Executive Order from the President of the United States of America as a national holiday. 13. PURCHASE ORDER ADMINISTRATION. a. Submission of Invoices. The Contractor shall sent original invoices to the Contracting Officer and Contracting Officer’s Technical Representative. Invoices must comply with the payment clause of this Purchase Order to be considered proper. b. Contracting Officer’s Technical Representative (COTR). (1) The Contracting Officer may designate a Technical Representative (COTR) to assist in monitoring the work under this contract. The COTR will be designated in writing and is responsible for the technical administration of the Purchase Order and technical liaison with the Contractor. The COTR is not authorized to: •change the scope of work or specifications as stated in the Purchase Order; •make any commitments or otherwise obligate the Government; or •authorize any changes that affect the Purchase Order price, delivery schedule, period of performance, or other terms or conditions. The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this Purchase Order shall not be construed to authorize the revision of the terms and conditions of this Purchase Order. The Contracting Officer shall authorize any such revision(s) in writing. (2) COTR Identified. The following personnel are identified as COTR and Alternate COTR: COTR: Shawn O’Reilly Protective Security Coordination Division Department of Homeland Security 1110 N. Glebe Rd. Arlington, VA 22201 Voice: 703-235-5754/Fax: 703-235-5715 Email: shawn.oreilly@hq.dhs.gov Alternate COTR: David Kontny Protective Security Coordination Division Department of Homeland Security 1110 N. Glebe Rd. Arlington, VA 22201 Voice: 703-235-5638/Fax: 703-235-5715 Email: david.kontny@dhs.gov 14. INSPECTION AND ACCEPTANCE. a. An inspection, acceptance, and receiving report shall be signed by an authorized Government representative to evidence receipt, inspection, and acceptance. The report shall be completed at the place(s) specified in the Purchase Order for Government receipt and acceptance. DHS Form 700-21, Material Inspection and Receiving Report, may be used for this purpose. Other forms/formats are acceptable if they contain: (1) Invoice Date; (2) Purchase Order Number; (3) Modification Number; (4) Contractor's Name; (5) Date items received or date recurring payment due; (6) Location where items were delivered or Contractor's performance; (7) All the requirements have been inspected, received and accepted and meet the terms of the contract/Purchase Order except as noted below; (8) List the requirements that were not accepted and/or the deductions made and state the reason why; (9) Total amount of deductions; (10) Signature of authorized government representative; (11) Title of authorized government representative; and (12) Date signed. b. DHS inspection and acceptance of services, reports and other required deliverables or outputs shall take place at the address indicated for the COTR, or at any other location designated by the COTR where the services are performed and reports and deliverables or outputs are produced or submitted. The COTR will be delegated authority to inspect and accept all services, reports and required deliverables or outputs. 15. OTHER DIRECT COSTS (ODCS). (a) Under this Purchase Order, the Contractor shall incur ODCs, primarily in the form of Manhole Barrier Devices. Because the purpose of this Study is to evaluate the efficacy of various MBDs, price competition does not apply to the purchase of those MBDs. However, prior to acquiring any ODCs, the Contractor shall provide estimated costs, including any quotes, with its approval request. The Contractor shall provide receipts for each ODC incurred. All materials purchased by the Contractor (if authorized) for the use, or on the behalf, of the Government shall become the property of the Government. (b) Allowable ODCs, which necessarily and directly support Purchase Order work may include, but are not limited to, materials for meetings, graphics, mandatory Government-required specialized training; and miscellaneous mission-required equipment and supplies. (c) In addition to keeping an accounting of all materials consumed during the performance of this contract, the Contractor shall document the transfer of materials to the Government. The Contractor shall furnish the Government a copy of such documents with the Monthly Progress Reports. 16. IMPLEMENTATION OF EXECUTIVE ORDER (EO) 12334, TERRORIST FINANCING. The Contractor is reminded that U.S. Executive Orders, and U.S. law prohibit transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Contractor to ensure compliance with Executive Orders and U.S. laws. 17. DISCLOSURE OF INFORMATION. a. Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or that contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when the U.S. Office of Personnel Management (OPM or The Government) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed releasable. b. Any information made available to the Contractor by the Government must be used only for carrying out the provisions of this Purchase Order and must not be divulged or made known in any manner to any person except as necessary for performance of the Purchase Order. c. In performance of this Purchase Order, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by personnel it provides under this Purchase Order are under the supervision of the Contractor or the Contractor’s responsible employees. d. Each officer, employee, consultant, or subcontractor of the Contractor to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer, employee, consultant, or subcontractor can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to its use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to its use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to ten thousand dollars, or imprisoned up to ten years, or both. 18. SECTION 508 COMPLIANCE. a. Section 508 refers to Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d). Section 508 assessments are required of all systems and are intended to ensure that individuals with disabilities have comparable access to and use of information and data comparable to the access provided to individuals without disabilities (unless this would pose an undo burden on the Federal Agency). The assessment is not to include physical access at any defined-benefit technology solution-related site. The 508 assessment shall be performed by OPM. The successful Contractor must make accessible to the Government, or its designee, information systems residing in the Contractor’s (or as appropriate sub-Contractor’s) facilities that support the operations and assets of the Government as part of this Purchase Order, so that the 508 assessment may be performed. b. All Electronic and Information Technology (EIT) procured through this Purchase Order must meet the applicable accessibility standards at 29 USC 794d and 36 CFR 1194, unless an exception to this requirement exists as determined by the Government. See 29 USC 794d at http://www.section508.gov/index.cfm?Fuseaction=Content&ID=12 and 36 CFR 1194 implementation Section 508 of the Rehabilitation Act of 1973, as amended. NOTE: The 508 standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. 19. STANDARDS OF CONDUCT AT GOVERNMENT INSTALLATIONS a. The Contractor shall be responsible for maintaining satisfactory standards of competence, conduct, appearance, and integrity of personnel it provides under this Purchase Order, and shall be responsible for taking such disciplinary action with respect to its Contractor-provided personnel as may be necessary. The Contractor is also responsible for ensuring that personnel it provides do not disturb paper on desks; open desk drawers or cabinets; or use Government telephones except as authorized. b. The Contractor is responsible for maintaining Government-assigned space(s) in a clean and orderly fashion during the course of this Purchase Order. Furniture that may be assigned to the space(s) shall not be removed or relocated. Telephone use shall be for conducting official Government business only. The Contractor is responsible for exercising control over all supplies, materials, and equipment of a personal- or corporate nature. 20. REMOVAL OF CONTRACTOR-PROVIDED PERSONNEL. The Contracting Officer may require removal of Contractor-provided personnel from the Purchase Order deemed by the Contracting Officer to be incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interests of national security. The Contractor, and each of the personnel it provides, under this Purchase Order must complete and provide such forms as may be necessary for security or other reasons. 21. SECURITY REQUIREMENTS. a. Identification/Building Pass. The Contractor shall coordinate with the COTR to ensure that any Contractor-provided personnel requiring access to the DHS office(s) has a Contractor identification/building pass prior to entering on duty under the Purchase Order. Personnel designated by the COTR shall complete appropriateforms specified by the DHS Office of Security for security clearance requirements. The Contractor shall ensure that all passes are returned to the Government as personnel are dismissed, terminated, or when the need for access to DHS offices ceases. b. Security Clearance Requirements. The Department of Homeland Security (DHS) has determined that performance of this Purchase Order does not require that the Contractor, subcontractor(s), vendor(s), etc. (hereafter included in the term Contractor), have access to classified National Security Information (herein known as classified information). However, the Contractor will require access to information deemed to be “Sensitive, but Unclassified (SBU).” Classified information is Government information that requires protection in accordance with Executive Order 12958, Classified National Security Information and supplementing directives. SBU is unclassified information for official use only. The Government will make a suitability determination for Contractor-provided personnel who do not have a security clearance and require access to SBU information. (1) The Contractor shall abide by the requirements set forth in the DD Form 254, Contract Security Classification Specification, included in the contract, and the NISPOM for the protection of classified information at its cleared facility, if applicable, as directed by the Defense Security Service. If the Contractor has access to classified information at a DHS or other Government facility, it shall abide agency requirements applicable to the facility. (2) All personnel security reporting requirements of DCID 6/4 will be made directly to the DHS SSO. Prior to leaving the contract, Contractor personnel will be scheduled for debriefing with the DHS SSO or by calling (202) 282-8643. (3) Where access to classified information is necessary for performance of required services, Contractor personnel assigned to this Purchase Order must possess personnel security clearances issued by the Defense Security Service (DSS) prior to any Purchase Order performance. Contractor personnel may receive classified material up to the level of their clearance, on a need to know basis, as required for the project on which they are assigned to work. (4) Any classified material generated in the performance of this Purchase Order shall be classified according to the markings shown on the source material received and the National Industrial Security Program Operating Manual (NISPOM). c. Employment Eligibility. (1) The Contractor agrees that each Contractor-provided person working on this Purchase Order will have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any consultant(s) and subcontractor(s), and their employees. (2) Subject to existing law, regulations, and other provisions of this contract, illegal or undocumented aliens shall not be employed by the Contractor or under this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all subcontracts and subordinate agreements issued in support of this Purchase Order. d. Suitability Determination. (1) DHS shall have and exercise full control over granting, denying, withholding, or terminating the right of Contractor-provided personnel to unescorted access to Government facilities or access to sensitive Government information, or both, based upon the results of a background investigation. DHS may, as it deems appropriate, authorize and make a favorable entry on duty (EOD) decision based on preliminary security checks. The favorable EOD decision allows the Contractor-provided personnel to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision does not guarantee or provide assurance of a later full employment suitability authorization. (2) The granting of a favorable EOD decision, or a full employment suitability determination, shall in no way prevent, preclude, or bar the withdrawal or termination of any such access by DHS, at any time during the term of the Purchase Order. No Contractor-provided personnel shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the Security Office. Contractor-provided personnel assigned to the Purchase Order not needing access to sensitive DHS information or recurring access to DHS’ facilities will not be subject to security suitability screening. (3) Contractor-provided personnel awaiting an EOD decision may begin work on the Purchase Order provided they do not access sensitive Government information. Limited access to Government buildings is allowable prior to the EOD decision if a Government employee escorts the Contractor. This limited access is to allow Contractors to attend briefings, non-recurring meetings, and begin transition work. e. Background Investigations. (1) Contractor-provided personnel needing access to sensitive information under this Purchase Order shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. All background investigations will be processed through the Security Office. Prospective Contractor employees, consultants, and subcontractors shall submit the following completed forms to the Security Office (through the COTR) no less than 30 days before the start date of the Purchase Order, or 30 days prior to entry on duty of the employee, consultant or subcontractor, regardless of whether the action is as a result of a replacement or addition: •Standard Form 85P, “Questionnaire for Public Trust Positions” •FD Form 258, “Fingerprint Card” (2 copies) •Conditional Access to Sensitive But Unclassified Information •Non-Disclosure Agreement •Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act Required forms will be provided by DHS at the time of award of the contract. The Security Office will accept only complete packages. Specific instructions on submission of packages will be provided upon award of the contract. (2) Be advised that unless an applicant requiring access to sensitive information has resided in the United States for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant ineligible due to insufficient background information (3) The use of non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this Purchase Order for any position that involves access to or development of any DHS IT system. DHS will consider only U.S. citizens and LPRs for employment on this contract. DHS will not approve LPRs for employment on this Purchase Order in any position that requires the LPR to access or assist in the development, operation, management, or maintenance of DHS IT systems. By signing this Purchase Order, Contractor agrees to this restriction. In those instances where other non-IT requirements contained in the Purchase Order can be met by using LPRs, those requirements shall be clearly described. (6) Continued Eligibility (4) If a prospective employee, consultant, or subcontractor is found to be ineligible for access to Government facilities or information, the COTR will advise the Contractor that the person shall not continue to work, or to be assigned to work, under the Purchase Order. (5) The Security Office may require drug screening for probable cause at any time or when the Contractor independently identifies circumstances where probable cause exists. (6) The Contractor will report any adverse information coming to its attention concerning Contractor-provided personnel under the Purchase Order to DHS’ Security Office. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee, consultant or subcontractor does not obviate the requirement to submit this report. The report shall include the person’s name and social security number, along with the adverse information being reported. (7) The Security Office must be notified of all terminations and/or resignations within five days of occurrence. The Contractor will return any expired DHS issued identification cards and building passes, or those of terminated personnel, to the COTR. If an identification card or building pass is not available to be returned, a report must be submitted to the COTR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. f. Security Management. The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the Security Office through the COTR on all security matters, to include physical-, personnel-, and protection of all Government information and data accessed by the Contractor. The COTR and the Security Office shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COTR determine that the Contractor is not complying with the security requirements of this contract; the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements. g. Non-Disclosure of Protected Critical Infrastructure Information. (1) The Contractor and the government agree to implement an interim rule promulgating new regulations at Title 6 Code of Federal Regulations, Section 29.8(c), to govern procedures for handling critical infrastructure information. The regulations detailed in the interim rule, which was effective upon publication pursuant to Section 808 of the Congressional Review Act, were promulgated pursuant to Title II, Section 214 of the Homeland Security Act of 2002, known as the Critical Infrastructure Information Act of 2002 (CIIA Act). (2) The Contractor shall not request, obtain, maintain, or use Protected CII without the prior written certification from the Protected CII Program Manager, or a Protected CII Officer, that conforms to the requirements of Section 29.8(c) of the regulations in the Interim Rule. (3) The Contractor shall comply with all requirements of the Protected CII (PCII) Program set out in the CII Act, in the implementing regulations published in the Interim Rule, and in the PCII Procedures Manual as they may be amended form time to time, and shall safeguard Protected CII in accordance with the procedures contained therein. The Contractor shall ensure that each of its employees, consultants and subcontractors has executed an NDA, and agrees that none of its employees, consultants or subcontractors will be given access to Protected CII without having previously executed an NDA. h. Information Technology Security Clearance. (1) When sensitive Government information is processed on Department telecommunications and automated information systems, the Contractor agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 4300.Pub. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level. (2) Contractors that fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act, Procurement Integrity Act, and Trade Secrets Act). i. Information Technology Security Training and Oversight. (1) All Contractor-provided personnel using Department automated systems, or processing Department sensitive data, are required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS. (2) Contractors involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department Contractors, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual’s duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security. (3) All personnel who access Department information systems will be continually evaluated while performing these duties. Contractor supervisors shall be alert for any unusual or inappropriate behavior by personnel accessing systems, and the Contractor shall report to the local Security Office or Information System Security Officer (ISSO) any unauthorized access, sharing of passwords, or other questionable activity tending to implicate information security. 22. 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 address(es): http://www.farsite.hill.af.mil (End of Clause) ClauseTitleDate 52.203-3GratuitiesAPR 1984 52.204-2Security RequirementsAUG 1996 52.222-46Evaluation of Compensation for Professional EmployeesFEB 1993 52.227-6Royalty InformationAPR 1984 52.227-13Patent Rights – Ownership By The GovernmentDEC 2007 52.227-14Rights in Data - GeneralDEC 2007 3052.209-70Prohibition on Contracts with Corporate ExpatriatesJUN 2006 3052-204-71Contractor Employee Access, Alternate IIJUN 2006 3052.222-70Strikes or Picketing Affecting Timely Completion of the Contract WorkDEC 2003 3052.222-71Strikes or Picketing Affecting Access to a DHS FacilityDEC 2003 23. CLAUSES INCORPORATED IN FULL TEXT a. 3052.209-73 LIMITATION OF FUTURE CONTRACTING (JUN 2006) (a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, the attention of prospective offerors is invited to FAR Subpart 9.5--Organizational Conflicts of Interest. (b) The nature of this conflict is: Firms that manufacture Manhole Barrier Devices (MBDs) have an Organizational Conflict of Interest. A significant portion of this Purchase Order is the acquisition and evaluation of several MBDs, with the ultimate result being that a single MBD will be recommended for use by the public. (c) The restrictions upon future contracting are as follows: (1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing DHS contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial production contract). DHS shall not unilaterally require the Contractor to prepare such specifications or statements of work under this contract. (2) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as these data remain proprietary or confidential, the Contractor shall protect these data from unauthorized use and disclosure and agrees not to use them to compete with those other companies. (End of clause) b. 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JUN 2009) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 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: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5). ___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). ___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (7) [Reserved] _X__ (8) (i) 52.219-6, Notice of Total Small Business 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. ___ (9) (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. _X__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(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__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). ___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). ___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(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. ___ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). _X__ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755). _X__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _X__ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). _X__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). _X__ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). _X__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). _X__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). ___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X__ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d). ___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (37) 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)). ___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). ___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). ___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). _X__ (43) (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: ___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.). ___ (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.). ___ (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.). ___ (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) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(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 (e)(1) 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) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 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. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) c. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only because of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least thirty days prior to the expiration of the term of the Purchase Order. g. 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003) The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. An electronic or printed copy of any material proposed to be published ordistributed shall be submitted to the Contracting Officer. (End of clause) h. 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) CERTIFICATIONS, REPRESENTATIONS AND INSTRUCTIONS TO OFFERORS 24. SUBMISSION INSTRUCTIONS. (a) Each Quoter shall submit an electronic copy and a paper copy of its Quote to the Contracting Officer. Submit the electronic version to Ms. Elie Stowe at elie.stowe@dhs.gov; deliver paper copies to the following address: Department of Homeland Security Office of Procurement Operations Departmental Operations Division 245 Murray Lane, SW Building 410 Washington, DC 20528 Attn: Ms. Elie Stowe, Room 3069-17 In the event of a conflict between the versions of the quotes, the paper copy shall prevail. Both electronic and paper copies of Quotes are due no later than 1600 (4 p.m.) Eastern Standard Time, on Wednesday, 02 September 2009. (b) Quotes not received by the time and date specified and in the manner specified may be eliminated from consideration for award. If you do not wish to participate in this acquisition, please submit a “no quote” response. (c) Submit any questions regarding this RFQ in writing to the Contracting Officer, to arrive no later than Tuesday, 26 August 2009. 25. VOLUME 1 - TECHNICAL SUBMISSION. The technical submission should demonstrate the Quoter’s capability to perform the requirements outlined in the solicitation and that includes the following three (3) general areas/criteria: •Technical Approach and Understanding •Management Approach and Capabilities •Past Performance No pricing data is to be included in the technical submission. (a) Technical Approach and Understanding. This portion of the Technical Submission must define the Quoter’s technical approach will satisfy the requirements defined in the Statement of Work, and should include a discussion of: (1) The technical objectives and requirements of the SOW; (2) The proposed methods and techniques for completing each task; (3) How each task will be evaluated for full performance and acceptability of work from the Quoter’s perspective; (4) Any anticipated major difficulties and problem areas, along with potential recommended approaches for its resolution; and (5) Major logistical considerations, if any. (b) Management Approach and Capabilities. This element of the Technical Submission will discuss the Quoter’s ability to provide the appropriate number, types, and quality of personnel to perform the requirements of the SOW successfully. (1) Quotes shall include a Project Management Plan that is clear, concise, and that describes: •Purchase Order personnel and responsibilities; •any proposed subcontracting arrangements; •communication and coordination plans; •schedules of all tasks and subtasks, meetings, and deliverables; and •labor mix. (2) The management approach shall include the company’s contingency plan(s), and continuity of operations plan(s) in the event of natural- or man-made disaster(s) that may disrupt service capabilities. (3) Resumes. The management approach shall also include a personnel section that identifies personnel nominated to fill the position(s) identified as “Key” and a description of the firm’s current personnel resources. Resumes for personnel proposed to fill the Key position(s) shall describe: (A) The experience and capability of those personnel, to include items such as background; education; work experience; and accomplishments; (B) The knowledge that the personnel have gained through both completed-, and on-going efforts that are similar in nature to this effort; (C) The availability of the person to perform under this Purchase Order. Provide Contingent Hire letters for personnel who are not employees of the Quoter; this requirement includes consultants and subcontracted labor intended to be used under this effort. Each resume should be limited to three (3) pages. (4) The management approach shall include a staffing plan that describes the Quoter’s current personnel resources, capabilities, and experience relating to the SOW. (c) Past Performance. The Government will evaluate the relevance and recentness of the past performance of each Quoter. Quoters shall identify at least three (3) contracts/Purchase Orders with the Federal Government or private entities that demonstrate recent, and relevant past performance. (Recent is defined as within the last three (3) years; Relevant is defined as work similar in complexity and magnitude to the work identified in the SOW.) For each Past Performance reference, please include the following information: •Project Title and Description •Contract/Purchase Order Number and Dollar Value •Government Agency/Organization •Names, addresses, phone numbers and e-mail addresses of the Contracting Officer and COTR •Current status of the project (e.g. completed, or in-progress with start and (estimated) completion dates •Personnel identified as Key who worked on the relevant project and who are also proposed for this effort •A brief narrative of why this reference is relevant to the proposed task. 26. VOLUME 2 - PRICE SUBMISSION. Each Quoter shall submit a price submission that is separate from its technical submission. While the work to be performed under this Purchase Order will be on a Fixed-Price basis, the labor categories and rates identified in the price submission will be used to determine cost reasonableness. The price submission shall be in Microsoft Excel format and shall include the following: a. Labor categories proposed to accomplish the work specified in the Statement of Work, to include numbers of hours, and labor category rates. b. Fixed hourly rates shall be fully burdened and include all costs (direct and indirect), to include overheads, and profit. 27. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998). This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.farsite.hill.af.mil (End of Provision) ClauseTitleDate 52.212-1Instructions to Offerors – Commercial ItemsJUN 2008 52.222-46Evaluation of Compensation for Professional EmployeesFEB 1993 28. SOLICITATION PROVISIONS INCORPORATED IN FULL TEXT. a. 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held— (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) other similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) b. 3052.209-72 ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2006) (a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting is as follows: Firms that manufacture Manhole Barrier Devices (MBDs) have an Organizational Conflict of Interest. A significant portion of this Purchase Order is the acquisition and evaluation of several MBDs, with the ultimate result being that a single MBD will be recommended for use by the public. (b) If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated, or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award. (c) Disclosure: The offeror hereby represents, to the best of its knowledge that (check one): ____ (1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or ____ (2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision. (d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan. (e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict. (f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision. (g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold. (End of provision) c. 52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: •Technical Approach and Understanding •Management Approach and Capabilities •Past Performance; and •Price. “Technical Approach and Understanding” is more important than “Management Approach and Capabilities,” which is in turn more important than “Past Performance,” and all of which, when combined, are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) d. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (JUN 2009) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision-- “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Manufactured end-product” means any end-product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end-product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov.After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other-than small business concern). The offeror represents that it [_] is a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (i) The offeror represents as part of its offer that it [_] is, [_] is not an emerging small business. (ii) Offeror represents as follows: (A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of EmployeesAverage Annual Gross Revenues 50 or fewer$1 million or less 51-100$1,000,001-$2 million 101-250$2,000,001-$3.5 million 251-500$3,500,001-$5 million 501-750$5,000,001-$10 million 751-1,000$10,000,001-$17 million Over 1,000Over $17 million (9) (i) General. The offeror represents that either— (A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ______________________________________________.] (10) HUBZone small business concern. The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It [_] is, [_] not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: _________________________________________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.) (1) The offeror certifies that each end-product, except those listed in paragraph (f)(2) of this provision, is a domestic end-product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end-products those end-products manufactured in the United States that do not qualify as domestic end-products, i.e., an end-product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end-product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end-product,” “end-product,” “foreign end-product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.” (2) Foreign End-products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end-product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end-product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end-product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end-product,” “end-product,” “foreign end-product,” “Free Trade Agreement country,” “Free Trade Agreement country end-product,” “Israeli end-product,” and ‘United States’ are defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end-products (other than Bahrainian, Moroccan, Omani, or Peruvian end-products) or Israeli end-products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End-products (Other-than Bahrainian or Moroccan End-Products) or Israeli End-Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end-products (other-than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end-products those end-products manufactured in the United States that do not qualify as domestic end-products, i.e., an end-product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end-product.” Other Foreign End-products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end-products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Canadian End-products:Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end-products or Israeli end-products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End-products: Line Item No.:Country of Origin: [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end-product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end-product as defined in the clause of this solicitation entitled “Trade Agreements.” (ii) The offeror shall list as other end-products those end-products that are not U.S.-made or designated country end-products. Other End-products Line Item No.:Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end-products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end-products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End-products (Executive Order 13126). (1) Listed End-product Listed End-product:Listed Countries of Origin: None (2) Certification. [_] (i) The offeror will not supply any end-product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end-product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end-product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end-products it expects to provide in response to this solicitation is predominantly— (1) [_] In the United States (Check this box if the total anticipated price of offered end-products manufactured in the United States exceeds the total anticipated price of offered end-products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.] (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan. (End of Provision)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/OCPO/DHS-OCPO/HSHQDC09Q00407RFQ/listing.html)
Record: SN01922147-W 20090823/090822003612-95476c2896efabc0386e25609dbb9f83 (fbodaily.com)
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B -- Engineering Support Services to Identify, Locate and Catalogue Underground Critical Infrastructure