FBODaily.com | FedBizOpps: PRESOL | V | Bus transportation - CLIN Lines for pricing structure

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 01, 2015 FBO #4845
SOLICITATION NOTICE

V -- Bus transportation - CLIN Lines for pricing structure

Notice Date: 2/27/2015
Notice Type: Combined Synopsis/Solicitation
NAICS: 485113 — Bus and Other Motor Vehicle Transit Systems
Contracting Office: Department of Homeland Security, Transportation Security Administration, Headquarters TSA, 601 S. 12th Street, TSA-25, 10th Floor, Arlington, Virginia, 20598, United States
ZIP Code: 20598
Solicitation Number: HSTS07-15-Q-00026
Archive Date: 4/14/2015
Point of Contact: Alena B Manzini, Phone: 609-813-3364, Chiarlone, Phone: 609-813-3363
E-Mail Address: alena.manzini@tsa.dhs.gov, Doretta.Chiarlone@tsa.dhs.gov
(alena.manzini@tsa.dhs.gov, Doretta.Chiarlone@tsa.dhs.gov)
Small Business Set-Aside: Total Small Business
Description: Please add your pricing in the spaces provided on attachment. SECTION 1 - PRICING 1.0 General In accordance with FAR Parts 12 and 13, the purpose of this RFQ is to obtain BusTransportation Services for the Transportation Security Administration (TSA) for the Essentials of Managing Screening Operations (EMSO) Classes and other classes as needed. This requirement is being solicited as a Total Small Business Set Aside. Vendor must be physically located within a 50 mile radius of either the Philadelphia International Airport or the Atlantic City International Airport to be considered for award(s). Estimated quantities are being provided for pricing purposes only and are not a guarantee of ordering quantities. It is estimated the requirement will be needed from May 1, 2015 through July 31, 2015 with two optional three month periods. The period of performance will be a base of three months and two optional three month periods. Quoters shall complete - Pricing Schedule. Quoters shall separately price each line item on the Pricing Schedule. Pricing for the Optional CLINS shall be included. 1.1 Type of Order Contract will be firm-fixed priced. The Period of Performance will be a 3 month base period and (2) optional three month periods. 1.2 CLIN Structure- Note: For estimated # of round trips, see EMSO Delivery Schedule and provide quotes in accordance with the type of vehichle(s) you can provide. For pricing purposes, it is anticipated that EMSO transportation will be required Philadelphia - Atlantic City Round Trip. Provide pricing for both LaGuardia and Newark desitinations which will be optional line items at time of award. An excel spreadsheet and EMSO Delivery Schedule are provided reflecting clin structure and details. 1.2 CLIN Structure - See excel spreadsheet. End of Section I STATEMENT OF WORK Introduction A. The Department of Homeland Security (DHS), Transportation Security Administration (TSA) is seeking a professional contractor to provide ground transportation services for the Law Enforcement and Industry Training Division (LEITD). This requirement will consist of round trip transportation from the Philadelphia International Airport and the Atlantic City International Airport to designated hotels in and around the Egg Harbor Township, New Jersey area or from the FAA Technical Center Security Operations Center (Building 320) in Egg Harbor Township, New Jersey to the Philadelphia International Airport, as well as other occasional transportation requirements as needed. Scope Ground transportation service will be provided for estimated 1-48 passengers per trip and will consist of round trip service from the Philadelphia International Airport and the Atlantic City International Airport to designated area hotel, or from the FAA Technical Center security building 320 to the Philadelphia International Airport, on an as needed basis. The Government reserves the right to evaluate and add/change/modify/delete any services at any time based on changing requirements in support of the specific training programs. A. Ground transportation service will be provided any day during the week as needed. B. Pick-ups will be conducted at approximately 2:00 pm and/or 7:00 pm at the Philadelphia International Airport or the Atlantic City International Airport and at approximately 7:00 am from the designated hotel or approximately 5:00 pm from the FAA Technical Center Security Operations Center (Building 320). C. The estimated total duration of the round trip is approximately 4 hours. D. The government will provide the contractor with the number of students requiring transportation within (3) three days of the trip. The number of students requiring transportation is subject to change at any time. E. The contractor shall furnish all personnel, supervision, management, equipment, materials, transportation, tools, and supplies required to plan, schedule, coordinate, and assure effective performance of all required transportation services for this requirement. These services include: a. Scheduling transportation services, in coordination with the Contracting Officer's Representative (COR) and the designated Point of Contract (POC) at the LEITD. b. Reports and Invoices. General Requirements A. The contractor shall provide all of the necessary technical engineering, operations research, business, and administrative support such as: planning, organizing, managing, coordinating, and tracking (e.g., report management, cost/schedule/performance measurement, risk management, data management) required to perform all activities successfully as required in accordance with this Statement of Work (SOW). B. The contractor shall furnish all vehicles, insurance, drivers, supervision, maintenance, equipment and operating supplies and perform all services to provide ground transportation to and from the Philadelphia International Airport or the Atlantic City International Airport to the designated area hotel or from the FAA Technical Center Security Operations Center (Building 320) to the Philadelphia International Airport, as well as other occasional transportation requirements on an as needed basis. The Government requires either vans or buses as vehicles, limosines are not acceptable for this requirement. The contractor shall furnish the Contracting Officer, Contracting Officer's Representative (COR) and designated point of contact (POC) with standard commercial and custom reports as requested. This includes, but is not limited to, the number of passengers transported each trip, mileage, etc. Failure to submit reports in the established timeframe may result in a negative evaluation when considering performance ratings. Specific Requirements Operating Authority A. The contractor shall have and maintain current charter or common carrier operating authority as required by the appropriate regulatory agencies. The contractor shall comply with all stipulations and representations required by any Federal, State Municipal or local laws or executive orders, or any applicable rules, orders, regulations, or requirements of any commercial carriers. B. The contractor shall ensure that all drivers and equipment are in compliance with the Department of Transportation Federal Motor Carrier Safety Regulations. C. The contractor shall ensure that all vehicles have a United Sates Department of Transportation (USDOT) Numbers for all vehicles. D. In the event that landline and wireless communications may be unstable or unreliable, the contractor shall ensure that there is adequate back-up communication between the driver and the central dispatch. Vehicle and Passenger Safety A. The contractor shall comply with the accepted standards for vehicle operation and maintenance. At a minimum the contractor shall comply with all applicable, provisions and agreement which may affect safety and with all USDOT and State regulations. B. The contractor shall ensure all operating equipment is properly maintained. The contractor must have a program in place to ensure the systematic inspection and maintenance of all vehicles. All parts and accessories must be safe and in operating condition at all times to include the vehicles' brake system, warning and hazard signals, and head lamps, parking brake, reflective material strip and tail lamps, turn signals and all other parts that affect the safety of the vehicle. C. The contractor shall provide a copy of vehicle maintenance records upon request of the CO, COR and designated POC. D. The contractor shall, in the event of an accident or failure of a vehicle, ensure the safety of all passengers. The contractor shall immediately dispatch a replacement vehicle to the location of the stranded passengers and notify the COR and or designated POC of the incident and any actions taken. The contractor shall be required to repair or replace the inoperative vehicle within one (2) hour, beginning from the time the vehicle is first determined to be inoperable. If the contractor fails to repair or replace the inoperative vehicle with a similar vehicle within one (1) hour, TSA at its option may elect to secure a replacement vehicle from other sources, regardless of the reason that caused the downtime. The contractor shall be assessed for any cost incurred by TSA in securing replacement services. E. The contractor shall comply with the Department of Transportation (DOT) safety inspections ensuring that each vehicle used in the performance of this Contract be inspected in accordance with the inspection requirements of the state/local governmental regions in which the vehicle is garaged. A current certificate of inspection must be available for review by the CO, COR and designated POC. F. The contractor shall keep records and logs of mileage, maintenance, accidents and repairs for all vehicles used under this Task Order for verification purposes. The contractor shall keep vehicle inspection records for one (1) year. G. The contractor shall also maintain employee-training records, documenting training required by the contractor and equipment operator training and safety training. The records shall be made available to the CO, COR and designated POC upon request. Insurance A. The contractor shall possess and maintain adequate liability insurance in accordance with state or local regulations to cover both drivers and vehicles being operated by the drivers at his/her own expense. B. The contractor shall furnish copies of current insurance coverage for each passenger vehicle required by the applicable regulatory authorities. C. The contractor shall ensure that all vehicles used under this Task Order meet the state and local insurance requirements. D. The contractor shall possess and maintain general liability insurance of at least $1,500,000.00 for any vehicles with a seating capacity of 15 or less (including the driver) and $5,000,000.00 if the vehicle has a seating capacity of 16 or more passengers. E. The contractor shall possess and maintain evidence of Worker's Compensation Insurance or a written explanation as to why the contractor is exempt from the requirement. F. The contractor shall provide proof of insurance upon request. Driver Requirements A. All Drivers must meet the following requirements: 1) Be at least 18 years of age. 2) Possess a current state driver's license and Commercial Driver's License 3) Have previous commercial driving experience. 4) No record or conviction of drug abuse/involvement or alcohol abuse. 5) No criminal record, except minor traffic offenses. Minor traffic offenses do not include driving under the influence. 6) No conviction of a felony/misdemeanor crime or domestic violence. 7) Possess the ability to speak and write English at the high school level. 8) Must be trained in CPR & First Aid and have a current Training Certificate. 9) Must obey all traffic rules and regulations including posted speed limits, traffic signals and parking signs in accordance with applicable state and local laws. B. The contractor shall establish procedures to ensure that the CO, COR and designated POC are notified immediately (i.e., within 24 hours) when an employee's status changes under the previous conditions noted above. Work Schedule A. Transportation services will be required any day during the week as needed. Pick-ups will be conducted at approximately 2:00 pm and/or 7:00 pm at the Philadelphia International Airport or the Atlantic City International Airport, and approximately 7:00 am from the designated hotel or approximately 5:00 pm from the FAA Technical Center Security Operations Center (Building 320). The contractor will ensure that all transportation personnel arrive at least fifteen (15) minutes prior to the start of a scheduled pick-up and may be contacted by cell phone. Note: Vendor must have access to commercial driving lane for pick up and drop off at Philadelphia International Airport. B. All requests for transportation services will be coordinated through the designated POC. The POC will be identified upon award. The number of passengers will generally be submitted at least three calendar (3) days prior to scheduled trips. However, depending on the requirements of the Government the number of passengers may be changed at any time. C. The contractor will provide confirmation of scheduled pick-ups and drop-offs, as well as dispatch and driver contact information to the designated POC at least two calendar days prior to service. D. Cancellation of scheduled transportation services will be coordinated through the designated POC for the respective location and notice to the contractor will usually be a minimum of two working days prior to the scheduled trip. Pre-Performance The Contractor(s) shall: A. Train and/or facilitate the appropriate recurrent training for transportation personnel. B. Schedule transportation personnel appropriate to the scheduled trip. C. Provide recent photographs of appropriate transportation personnel. D. Have the appropriate number of transportation personnel on staff with the required driving certifications. Performance The Contractor(s) shall: A. Provide round trip transportation services between the Philadelphia International Airport or the Atlantic City International Airport and designated area hotel or from the FAA Technical Center Security Operations Center (Building 320) to the Philadelphia International Airport, as well as other occasional transportation requirements as needed. B. Ensure all transportation personnel arrive at the scheduled trip at least fifteen minutes prior pick-up. This is accomplished so all assigned transportation personnel are present and properly prepared for his/her assignment. C. Provide replacement transportation personnel with no interruption to services in the event of sickness, emergency situations, absences, etc. D. Ensure that transportation personnel are performing their duties professionally and courteously. Post-Performance A. The contractor shall maintain a logbook of every transportation personnel's working hours and trips completed. The log shall contain sufficient information to verify invoices and provide auditable history. As a minimum, the log shall include: the name of the driver, the scheduled trip(s) completed, and the date and number of hours worked. A daily vehicle safety checklist must be completed and signed by the transportation personnel who are conducting the trip to ensure the vehicle is safe and adequate to use. These records must be available in a timely manner for inspection by the Government upon request. Service Plan A Service Plan is a detailed description of the contractor's intended plan for accomplishing work which is used to ensure that the contractor has developed sufficiently responsive and cost effective procedures to deliver adequate service(s). A Service Plan also serves as a basic information and reference document describing the methods, procedures, and controls that the contractor intends to use in providing the required services. A. The contractor shall submit a Service Plan to the CO and COR for approval within 5 calendar days after award of the Task Order and whenever the methods, procedures, or controls used are changed by the contractor. B. The contractor shall comply with the existing approved Service Plan, until any new Service Plan is approved by the CO. If a conflict exists between the contract specification and the Service Plan, the contract specification shall take precedence. Reporting Requirements A. The contractor shall provide a monthly status report to the CO and the COR in Microsoft Word format. The report shall describe the work accomplished during the reporting period, discuss problems encountered and corrective action taken, pending issues and work planned for the next period. B. The contractor shall provide a monthly detailed breakdown of funds expended during the reporting period, including a breakdown of labor hours utilized by the Contractor and any subcontractor, associated labor costs, material costs, and other direct costs incurred. C. The contractor shall deliver each monthly report no later than the fifth working day of the month following the reporting period. The monthly report should be no longer than a thirty (30) day period, and no less than a twenty-five (25) day period. Special Requirements The contractor and all personnel will comply with the Privacy Act of 1974. Pursuant to the Homeland Security Act of 2002, the Contractor will not disclose any information related to the DHS, TSA, LEITD, its entities, employees or contractors without prior written approval of the CO or COR. Other requirements are based on vehicle size and number of passengers: A. Bus to accommodate up to 26 passengers and luggage B. Bus to accommodate up to 48 Passengers and luggage C. Luggage requirement is for ground transportation round trip from the Philadelphia International Airport or the Atlantic City International Airport to the designated hotel or from the FAA Technical Center Security Operations Center (Building 320) to the Philadelphia International Airport. Requirements may also be for transportation to and from LaGuardia International Airport, Newark Liberty International Airport and John F. Kennedy International Airport on special occasions. D. A party bus is not an acceptable form of transportation. Other Direct Costs No "Other Direct Costs" will be associated with this contract. Period of Performance The period of performance is anticipated to begin May 1, 2015. End Section II SECTION 3 - SUPPLEMENTAL CLAUSES 3.0 FAR CLAUSES The solicitation incorporates one or more clauses by reference, with the same force and effect as if given in full text. Full text of a clause may be accessed electronically at www.arnet.gov/far. The following provisions in Federal Acquisition Regulation (FAR) apply to this acquisition. The provision at FAR 52.212-1-and FAR 52.212-2, Evaluation-Commercial Items (JAN 1999) applies to this acquisition. FAR CLAUSES INCORPORATED BY REFERENCE 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 it 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): www.acquisition.gov/far (End of Clause) 52.203-3 GRATUITIES (APR 1984) 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010) 52.204-7 SYSTEM FOR AWARD MANAGEMENT 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 52.216-2 ECONOMIC PRICE ADJUSTMENT-STANDARD SUPPLIES 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKER (JAN 2013) 52.232-18 AVAILABILITY OF FUNDS (APR 1984) 52.232-19 Availability of Funds for the next Fiscal Year 52.232-33 Payment by Electronic Funds Transfer, Central Contractor Registration (OCT 2003) now System for Award Management - SAM www.sam,gov 52.233-2 SERVICE OF PROTEST (SEP 2006) 52.249-4 TERMINATION FOR CONVENIENCE (SERVICES)(SHORT FORM) (APR 1984) 52.249-8 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (APR 1984) FAR CLAUSES INCORPORATED BY FULL TEXT 52.204-1 Approval of Contract (Dec 1989) This contract is subject to the written approval of the Contracting Officer, Doretta Chiarlone, and shall not be binding until so approved. (End of Clause) I-2 52.212-4 Contract Terms and Conditions-Commercial Items; (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (April 2012) (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)). ___Alternate I (Aug 2007) of 52.222-50 (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: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). _X_ (13)(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. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(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. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _x_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). __ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _x_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _x_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _x_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _x_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). _x_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 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.) __ (35)(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.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(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. __ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). _x_ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Mar 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (MAR 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 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)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _x_ (47) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2012) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than System forAward Management (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(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: [Contracting Officer check as appropriate.] _x_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _x_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _x_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (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) (41 351, 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 (Sept 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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (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) 52.217-6 Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree. (End of Clause) 52.217-7 Option for Increased Quantity -- Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of Clause) 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 as a result 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 within 15 days. (End of clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 1 year 6 months. (End of Clause) (End of clause) 3.1 TSA CONTRACT ADMINISTRATION DATA 5200.243.001 CONTRACTING OFFICER (CO) The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. A Primary Contracting Officer is assigned at time of award. 5200. 242.001 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND TECHNICAL MONITORS 1. The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action. 2. The Contracting Officer hereby will designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s) at time of award. Such designations(s) shall specify the scope and limitations of the authority so delegated. 3. The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and phone number of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing. 4. The responsibilities and limitations of the COR are as follows: • The COR is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract. • The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor. • The COR will maintain communications with the Contractor and the Contracting Officer. The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer. • The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or questionable practices so that corrections can be made before the problems become significant. • The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract's price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. • The COR is not authorized to direct the Contractor on how to perform the work. • The COR is not authorized to issue stop-work orders. The COR may recommend the authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is the only official authorized to issue such order. • The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order. 5. The responsibilities and limitations of the TM are as follows: • Coordinating with the COR on all work orders, task, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action. • Monitoring the Contractor's performance in relation to the technical requirements of the assigned functional area of the contract to ensure that the Contractor's performance is strictly within the contract's scope and obligated funding. • Ensuring that all recommended changes in any work under the contract are coordinated and submitted in writing to the COR for consideration. • Informing the COR if the Contractor is not meeting performance, cost, schedule milestones. • Performing technical reviews of the Contractor's proposals as directed by the COR. • Performing acceptance of the Contractor's deliverables as directed by the COR. • Reporting any threats to the health and safety of persons or potential for damage to Government property or critical national infrastructure which may result from the Contractor's performance or failure to perform the contract's requirements. 4202.242.002 "SUBMISSION OF INVOICES - Commercial" (a) Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen). (b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference: 1) Facsimile number is: 757-413-7314 The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this clause. 2) U.S. Mail: United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111 3) Email Invoices: FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil (c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer's Technical Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices. Note for discounts offered: Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty day payment period specified under Prompt Payment requirements; however the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. (d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means: (1) Via the internet: https://www.fincen.uscg.mil Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week. (2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm (e) Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract. (f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer's Technical Representative. Note for "time-and-material" type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a "time-and-materials" type contract, order, or contract line item: "The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract's specified requirements for the labor category invoiced." (g) Additional Invoice Preparation Instructions for Software Development and/or Hardware. The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.) (h) Frequency of Invoice Submission: (Contracting Officer should directly annotate with specific instructions to the Contractor) 5200.224.001 DISCLOSURE OF INFORMATION Information furnished by the Contractor under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally-identifiable information must be clearly marked. Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the requirements of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and information and must ensure that all work performed by its Subcontractor(s) shall be under the supervision of the Contractor or the Contractor's employees. 5200.205.001 PUBLICITY AND DISSEMINATION OF CONTRACT INFORMATION Publicity releases or commercial advertising in connection with or referring to this contract or effort shall not be made by the Contractor unless prior written approval has been received from the Contracting Officer. 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. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer. A minimum of five full business days' notice is required for requests made in accordance with this provision. 5200.244.001 INTERRELATIONSHIP OF ASSOCIATE CONTRACTORS The TSA may enter into contractual agreements with other Contractors (i.e., "Associate Contractors") in order to fulfill requirements separate from the work to be performed under this contract, yet having a relationship to performance under this contract. It is expected that contractors working under TSA contracts will have to work together under certain conditions in order to achieve a common solution for TSA. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant Contracting Officer (CO) and/or designated representative in providing suitable, non-conflicting technical and/or management interface and in avoidance of duplication of effort. Information on deliverables provided under separate contracts may, at the discretion of the TSA and/or other Government agencies, be provided to such other Contractor(s) for the purpose of such work. Where the Contractor and an associate Contractor fail to agree upon action to be taken in connection with their respective responsibilities, each Contractor shall promptly bring the matters to the attention of the cognizant CO and furnish the Contractor's recommendations for a solution. The Contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of failure of the Contractor and its associate to promptly refer matters to the CO or because of failure to implement CO directions. Where the Contractor and Associate Contractors are required to collaborate to deliver a service; the Government will designate, in writing and prior to the definition of the task, to both Contractors, a "lead Contractor" for the project. In these cases the Associate Contractors shall also be contractually required to coordinate and collaborate with the Contractor. TSA will facilitate the mutual execution of Non-Disclosure Agreements. Compliance with this Special Contract Requirement is included in the contract price and shall not be a basis for equitable adjustment. 5200.237.001 NON-PERSONAL SERVICES "Personal services" are those in which contractor personnel would appear to be, in effect, Government employees via the direct supervision and oversight by Government employees. No personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor of the Contractor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action. The Contractor shall not perform any inherently Governmental actions as defined by FAR 7.500. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change any contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this special contract requirement shall limit the Government's rights in any way under any other term of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this special contract requirement shall be included in all subcontracts at any tier. 5200.209.001 CONTRACTOR RESPONSIBILITIES The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract. The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to another Federal statutory authority. A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business. The Contractor shall cooperate fully in the transition. The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. The Contractor shall not: • Discuss with unauthorized persons any information obtained in the performance of work under this contract. • Conduct business not directly related to this contract on Government premises. • Use computer systems and/or other Government facilities for company or personal business other than work related; or • Recruit on Government premises or otherwise act to disrupt official Government business. 5200.203.001 QUALIFICATIONS OF EMPLOYEES The Contracting Officer may require dismissal from work under this contract and/or removal of access to government facilities, property, information and/or information systems of those employees which the Contracting Officer deems contrary to the public interest or inconsistent with the best interest of national security. 5200.209.002 NON-DISCLOSURE AGREEMENTS Non-Disclosure Agreements are required to be signed by all Contractor personnel when their role requires them to come into contact with Sensitive But Unclassified, Government procurement sensitive information, and/or other sensitive information, or proprietary business information from other Contractors (e.g., cost data, plans, and strategies). The recipient certifies in writing that they will take the necessary steps to prevent the unauthorized disclosure and use of information. The Contracting Officer will provide the prescribed non-disclosure forms as necessary to the Contractor when circumstances warrant. 5200.205.002 ADVERTISING OF AWARD The contractor shall not refer to contract awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. 5200.204.001 MAJOR BREACH OF SAFETY OR SECURITY (a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. Safety is essential to TSA and compliance with safety standards and practices is a material part of this contract. A major breach of safety may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of safety must be related directly to the work on the agreement. A major breach of safety is an act or omission of the Contractor that consists of an accident, incident, or exposure resulting in a fatality, serious injury, or mission failure; or in damage to equipment or property equal to or greater than $1 million; or in any "willful" or "repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan. (b) Security is the condition of safeguarding against espionage, sabotage, crime (including computer crime), or attack. A major breach of security may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of security may occur on or off Government installations, but must be related directly to the work on the agreement. A major breach of security is an act or omission by the Contractor that results in compromise of classifiedinformation or sensitive security information or sensitive but unclassified information, including contractor proprietary information, illegal technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or theft greater than $250,000. NOTE: Breach of Security for the purposes of this definition should not be confused with breach of security in screening operations. (c) In the event of a major breach of safety or security, the Contractor shall report the breach to the Contracting Officer. If directed by the Contracting Officer, the Contractor shall conduct its own investigation and report the results to the Government. The Contractor shall cooperate with the Government investigation, if conducted. 5200.237.004 CONTRACTOR STAFF TRAINING The contractor shall provide fully trained and experienced personnel. Training of contractor personnel shall be performed by the contractor at its expense, except as directed by the Government through written authorization by the Contracting Officer to meet special requirements peculiar to the contract. Training includes attendance at seminars, symposia or user group conferences. Training will not be authorized for the purpose of keeping contractor personnel abreast of advances in the state-of-the-art or for training contractor employees on equipment, computer languages and computer operating systems that are available on the commercial market or required by a contract. This includes training to obtain or increase proficiency in word processing, spreadsheets, presentations, and electronic mail. 5200.209.003 EMPLOYEE TERMINATION The contractor shall notify the Contracting Officer and the Contracting Officer's Representative within 48 hours when an employee performing work under this contract who has been granted access to government information, information systems, property, or government facilities access terminates employment, no longer is assigned to the contract, or no longer requires such access. The contractor shall be responsible for returning, or ensuring that employees return, all DHS/TSA -issued contractor/employee identification, all other TSA or DHS property, and any security access cards to Government offices issued by a landlord of commercial space. 5200.203.002 STANDARDS OF CONDUCT AND RESTRICTIONS The contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. Personnel performing work under this contract shall not: a) Solicit new business while performing work under the contract; b) Conduct business other than that which is covered by this contract during periods paid by the Government; c) Conduct business not directly related to this contract on Government premises; d) Use Government computer systems or networks, and/or other Government facilities for company or personal business; e) Recruit on Government premises or otherwise act to disrupt official Government business. 2400.224.001 SECURITY OF SYSTEMS HANDLING PERSONALLY IDENTIFIABLE INFORMATION AND PRIVACY INCIDENT REPONSE (a) Definitions. "Breach" (may be used interchangeably with "Privacy Incident') as used in this clause means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to Personally Identifiable Information, in usable form whether physical or electronic. "Personally Identifiable Information (PII)" as used in this clause means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States. Examples of PII include: name, date of birth, mailing address, telephone number, Social Security Number (SSN), email address, zip code, account numbers, certificate/license numbers, vehicle identifiers including license plates, uniform resource locators (URLs), Internet protocol addresses, biometric identifiers (e.g., fingerprints), photographic facial images, or any other unique identifying number or characteristic, and any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual. "Sensitive Personally Identifiable Information (Sensitive PII)" as used in this clause is a subset of Personally Identifiable Information, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual., Complete social security numbers (SSN), alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered Sensitive PII even if they are not coupled with additional PII. Additional examples include any groupings of information that contains an individual's name or other unique identifier plus one or more of the following elements: (1) Driver's license number, passport number, or truncated SSN (such as last 4 digits) (2) Date of birth (month, day, and year) (3) Citizenship or immigration status (4) Financial information such as account numbers or Electronic Funds Transfer Information (5) Medical Information (6) System authentication information such as mother's maiden name, account passwords or personal identification numbers (PIN) Other Personally Identifiable information may be "sensitive" depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains Personally Identifiable Information but it is not sensitive. Sensitive PII have higher impact ratings for purposes of privacy incident handling. (b) Systems Access. Work to be performed under this contract requires the handling of Sensitive PII. The contractor shall provide the Government access to, and information regarding its systems, when requested by the Government, as part of its responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent validation testing of controls, system penetration testing by the Government, Federal Information Security Management Act (FISMA) data reviews, and access by agency Inspectors General for its reviews. (c) Systems Security. In performing its duties related to management, operation, and/or access of systems containing Sensitive PII under this contract, the contractor, its employees and subcontractors shall comply with applicable security requirements described in DHS Sensitive System Publication 4300A or any replacement publication and rules of conduct as described in TSA MD 3700.4¬ In addition, use of contractor-owned laptops or other media storage devices to process or store PII is prohibited under this contract until the contractor provides, and the contracting officer in coordination with CISO approves, written certification by the contractor that the following requirements are met: (1) Laptops employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 or successor approved product; (2) The contractor has developed and implemented a process to ensure that security and other applications software are kept current; (3) Mobile computing devices utilize anti-viral software and a host-based firewall mechanism; (4) When no longer needed, all removable media and laptop hard drives shall be processed (i.e., sanitized, degaussed, or destroyed) in accordance with DHS security requirements. (5) The contractor shall maintain an accurate inventory of devices used in the performance of this contract; (6) Contractor employee annual training and rules of conduct/behavior shall be developed, conducted/issued, and acknowledged by employees in writing. Training and rules of conduct shall address at minimum: (i) Authorized and official use; (ii) Prohibition against use of personally-owned equipment to process, access, or store Sensitive PII; (iii) Prohibition against access by unauthorized users and unauthorized use by authorized users; and (iv) Protection of Sensitive PII; (7) All Sensitive PII obtained under this contract shall be removed from contractor-owned information technology assets upon termination or expiration of contractor work. Removal must be accomplished in accordance with DHS Sensitive System Publication 4300A, which the contracting officer will provide upon request. Certification of data removal will be performed by the contractor's Project Manager and written notification confirming certification will be delivered to the contracting officer within 15 days of termination/expiration of contractor work. (d) Data Security. Contractor shall limit access to the data covered by this clause to those employees and subcontractors who require the information in order to perform their official duties under this contract. The contractor, contractor employees, and subcontractors must physically secure Sensitive PII when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss. When Sensitive PII is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed through means that will make the Sensitive PII irretrievable. The contractor shall only use Sensitive PII obtained under this contract for purposes of the contract, and shall not collect or use such information for any other purpose without the prior written approval of the contracting officer. At expiration or termination of this contract, the contractor shall turn over all Sensitive PII obtained under the contract that is in its possession to the Government. (e) Breach Response. The contractor agrees that in the event of any actual or suspected breach of PII (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), it shall immediately, and in no event later than one hour of discovery, report the breach to the contracting officer, the Contracting Officer's Technical Representative (COTR), and the TSA Director of Privacy Policy & Compliance (TSAprivacy@dhs.gov). The contractor is responsible for positively verifying that notification is received and acknowledged by at least one of the foregoing Government parties. (f) Personally Identifiable Information Notification Requirement. The contractor has in place procedures and the capability to promptly notify any individual whose Sensitive PII was, or is reasonably believed to have been, breached, as determined appropriate. The method and content of any notification by the contractor shall be coordinated with, and subject to the prior approval of the Government, based upon a risk-based analysis conducted by the Government in accordance with DHS Privacy incident Handling Guidance. Notification shall not proceed unless the Government has determined that: (1) notification is appropriate; and (2) would not impede a law enforcement investigation or jeopardize national security. Subject to Government analysis of the breach and the terms of its instructions to the contractor regarding any resulting breach notification, a method of notification may include letters to affected individuals sent by first class mail, electronic means, or general public notice, as approved by the Government. At minimum, a notification should include: (1) a brief description of how the breach occurred; (2) a description of the types of personal information involved in the breach; (3) a statement as to whether the information was encrypted or protected by other means; (4) steps an individual may take to protect themselves; (5) what the agency is doing, if anything, to investigate the breach, to mitigate losses, and to protect against any further breaches; and (6) point of contact information identifying who affected individuals may contact for further information. In the event that a PII breach occurs as a result of the violation of a term of this contract by the contractor or its employees, the contractor shall, as directed by the contracting officer and at no cost to the Government, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected individuals for a period not to exceed 12 months from discovery of the breach. Should the Government elect to provide and/or procure notification or identity protection services in response to a breach, the contractor will be responsible for reimbursing the Government for those expenses. (g) Pass-Through of Security Requirements to Subcontractors. The contractor agrees to incorporate the substance of this clause, its terms and requirements, in all subcontracts under this contract, and to require written subcontractor acknowledgement of same. Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor. THE FOLLOWING DEPARTMENT OF HOMELAND SECURITY PROVISION IS PROVIDED IN FULL TEXT: HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (AUG 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. reign 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 an acquisition described in section 835(b)(1) 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; (v) Others 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) 3.2 Ordering The Government expects to fund the estimated minimum order requirement at time of award. Orders for additional quantities will be issued via modification (SF-30) in accordance with the Price Schedule. SECTION 5 - INSTRUCTIONS TO PREPARE QUOTE & EVALUATION FACTORS 5.0 Instructions to Offerors The Government intends to evaluate RFQs and award a contract without discussions with offerors. Therefore, the Offeror's initial RFQ should contain the Offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct communications for clarifications if the Contracting Officer later determines them to be necessary. Offers that do not respond to all requirements in the solicitation may be rejected without further evaluation, deliberation, or discussion. Any questions must be submitted and received by the Contract Specialist no later than March 23, 2015, 3:00 PM EST. The quote shall be submitted and received by the Contract Specialist no later than March 30, 2015, 3:00 PM EST. Please note: Delays encountered due to the firm's IT system DO NOT constitute as an excusable delay. Therefore, please provide a sufficient amount of time for transmission to allow electronic mail messages time to pass through TSA's firewall. Quotes must be received by the CO, no later than the exact time specified to be considered for award. The Late Submissions, Modifications, Revisions and Withdrawals provision contained in your GSA Schedule shall govern. Email messages shall have HSTS07-15-Q-00026 in the subject line. The vendor is responsible for confirming transmission of their complete response to the Government by the due date and time. EMAIL QUOTES SHALL BE SUBMITTED TO THE FOLLOWING ADDRESS: ALENA.MANZINI@TSA.DHS.GOV DUE DATE FOR SUBMISSION: • The Due date for submission of the quote is March 30, 2015, 3:00 PM EST. • Late quotes shall not be considered; it is the responsibility of the Quoter to ensure their entire quote is received, on time and in accordance with these instructions. • No requests for clarifications or questions concerning this RFQ will be provided in response to telephone calls. Formal communications such as requests for clarification and/or information or questions concerning this RFQ should be submitted via email. All requests for clarification and/or information or questions should be submitted no later than 3:00 P.M. EST, March 23, 2015, 3:00 PM EST. • It is incumbent upon your firm to confirm receipt of your quotation. The Government anticipates to award at least one contract on a Firm Fixed Price basis to the responsible offeror whose offer conforming to the solicitation will be lowest priced, technically acceptable (LPTA). Multiple awards may be made. In accordance with FAR 15.101-2, a Lowest Price Technically Acceptable source selection process will be conducted. Award(s) will be made on the basis of the lowest evaluated price of offer meeting the acceptability standards for non-cost factors. Only the lowest priced proposal will be evaluated to determine technical acceptability. A rating of "Technically Acceptable" must be achieved for each of the non-cost technical factors. If any of the Offeror's non-price technical factors are determined to be unacceptable, the proposal shall not be further evaluated. 5.1 Contents of Quote At a minimum, offerors proposals shall include the following sections: Qualification Statement, Past Performance references, and Price. The proposals will be evaluated using the factors as follows: (a) Price (b) Technical Factors to be considered acceptable: (1) Qualification Statement. Offeror shall confirm in writing that they meet all requirements set forth in this solicitation/synopsis. However, DHS reserves the right to visit vendor locations to verify that the vehichle(s) meet requirements set forth. (2) Past Performance History. The offerors proposal shall include a minimum of (2) past performance references for similar services the offeror has provided. Verified/current points of contact shall be provided for each reference to allow the Government to speak with references about the nature and quality of service required. (3) Vendor must be registered in SAM by time of award. 5.3 Quote Evaluation In accordance with FAR 15.101-2, a Lowest Price Technically Acceptable source selection process will be conducted. Award will be made on the basis of the lowest evaluated price of offer meeting the acceptability standards for non-cost factors. Only the lowest priced proposal will be evaluated to determine technical acceptability. A rating of "Technically Acceptable" must be achieved for each of the non-cost technical factors. If any of the Offeror's non-price technical factors are determined to be unacceptable, the proposal shall not be further evaluated. 5.4 Award Selection Each proposal submission, as well as each evaluation, shall stand alone and be decided on its own merits. The Government intends to evaluate proposal submissions and award a contract (s) based on initial submissions without discussions. Therefore, Quoters should ensure that their proposals reflect their best offer as they may not be given a chance to revise them. Quoter shall be determined to be responsible pursuant to FAR 9.104-1 (Contractor Qualifications - General Standards) before being issued a contract.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/TSA/HQTSA/HSTS07-15-Q-00026/listing.html)
Place of Performance: Address: Within 20 miles of Atlantic City Airport, Atlantic City, New Jersey, 08405, United States; Zip Code: 08405
Record: SN03654437-W 20150301/150227235908-9e69377ff2658d0a4d10eb39f60dc6b6 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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