SOLICITATION NOTICE
V -- Air Transportation Juneau-Gustavus-Juneau - Wage Determination
- Notice Date
- 5/12/2016
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 481111
— Scheduled Passenger Air Transportation
- 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
- HSTS05-16-Q-NDO004
- Archive Date
- 6/7/2016
- Point of Contact
- Kevin Newton, Phone: 202.631.3110, Stacey M Santhuff, Phone: 202.360.7929
- E-Mail Address
-
kevin.newton@tsa.dhs.gov, stacey.santhuff@tsa.dhs.gov
(kevin.newton@tsa.dhs.gov, stacey.santhuff@tsa.dhs.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Wage Determination (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (ii) The solicitation number is HSTS05-16-Q-NDO004. The solicitation is issued as a request for quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87-2. (iv) This acquisition is a total small business set-aside. The associated NAICS code is 481111 and the small business size standard is 1,500 employees. (v) The following is the schedule of services: Sundays/Mondays/Thursdays/Fridays: 00001 48 days 4 one way tickets/day Juneau-Gustavus $_________ 00002 48 days 4 one way tickets/day Gustavus-Juneau $_________ Tuesdays/Wednesdays 00003 24 days 3 one way tickets/day Juneau-Gustavus $_________ 00004 24 days 3 one way tickets/day Gustavus-Juneau $_________ Saturdays: 00005 12 days 5 one way tickets/day Juneau-Gustavus $_________ 00006 12 days 5 one way tickets/day Gustavus-Juneau $_________ (vi) Description of requirements for the items to be acquired: STATEMENT OF WORK BACKGROUND: Gustavus, Alaska is a landlocked seasonal airport open only for a few months during the summer. Alaska Airlines files one commercial jet flight per day to Gustavus, and it only remains on the ground long enough to deplane and load passengers on the returning flight. In order to support TSA Gustavus screening operations, TSA is required to transport staff located in Juneau, AK to Gustavus on a daily basis. SCOPE: TSA Juneau, Alaska has a requirement of a 135 Carrier to transport four (4) Officers daily Sunday, Monday, Thursday, and Friday, three (3) Officers on Tuesday and Wednesday, and five (5) Officers on Saturday. This daily flight will be a round trip departing Juneau, AK to Gustavus, AK and returning from Gustavus, AK to Juneau, AK during the specified period. The 135 Carrier must depart and land directly at the airport identified as TSA does not have transportation arrangements to transport staff from other locations. Alaska Airlines flight schedules are: AS 71 arriving GST at 5:10 p.m.; AS 77 departing GST at 5:57 p.m. The Officers will need to depart daily from the Juneau airport to arrive in Gustavus two hours prior to arrival of the Alaska Airlines flight in Gustavus. Preferred departure time from Juneau to Gustavus is 2:15 PM but the allowable range is 1:40 to 2:40 PM daily. The preferred departure time from Gustavus returning to Juneau is 6:30 PM with an allowable range of 6:05 to 7:00PM daily. Flight Service for the seven days per week is required to begin June 5, 2016, and continue daily through August 27, 2016. This time period consists of 84 continuous days of service. The 135 Carrier must be able to transport 5 Officers weighing 150 pounds to approximately 200 pounds and 5 bags weighing approximately 35 pounds each. Therefore, the plane must be able to carry a minimum of 1,175lbs of TSA personnel and belongings. Reporting Requirement: The contractor shall submit a weekly report to Alexander.McAuliffe@tsa.dhs.gov, Richard.E.Nevels@tsa.dhs.gov, and Linda.D.Green@tsa.dhs.gov. The report shall identify all flights flown during the week (Sunday through Saturday) along with the name of TSA passengers manifested on the flights. The report shall be submitted no later than 4:00 PM Alaska Time on Tuesday of the week following the report end date. Cancellations/Delays: FAR 52.212-4(f) addresses excusable delays. TSA shall not be liable to the contractor for payment of any cancelled flight, regardless of reason. Weather or Mechanical Cancellations/Delays: In the event that the pilot-in-command makes a determination that severe weather or mechanical issues preclude the ability to safely fly a scheduled flight, he/she shall send an email at least thirty minutes prior to the scheduled flight time to Alexander.McAuliffe@tsa.dhs.gov, Richard.E.Nevels@tsa.dhs.gov, and Linda.D.Green@tsa.dhs.gov with a description of current and expected weather conditions or mechanical issue that warranted cancellation of the flight. Other Cancellations/Delays: In the event the selected 135 Carrier operator must cancel a flight due to other unforeseen circumstances, it shall notify TSA as described above and also copy kevin.newton@tsa.dhs.gov and Stacey.santhuff@tsa.dhs.gov. The notification shall include a description of the specific issue that resulted in cancellation of the flight. TSA officers shall not be "bumped" from non-cancelled flights to accommodate non-TSA passengers. (vii) Services shall be provided from June 5 through August 27,2016. FOB Destination with acceptance at either Gustavus or Juneau, as applicable. (viii) The provision at 52.212-1, Instructions to Offerors -- Commercial applies to this acquisition. The following addenda apply to the provision: Paragraph (b)(4) is deleted in its entirety and replaced with the following text: "(b)(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This description shall contain, at a minimum: (i) Flight Information (scheduled departure and arrival time) (ii) Description of airplane(s) that will be utilized to fulfill the requirement, with specific assertions that the airplanes can meet the specified passenger counts and minimum weight loads as require by the statement of work." Paragraph (k) is deleted in its entirety and replaced with the following text: "(k) System for Award Management. The offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database by 1:00 PM Pacific Time on May 24, 2016, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov." (ix) The provision at 52.212-2, Evaluation -- Commercial Items applies to this acquisition. The following is an addendum to the provision: Paragraph (a) is filled in as follows: "(i) Technical capability of the item to meet the Government requirement; (ii) Past Performance; and, (iii) Price." Paragraphs (b) and (c) are deleted in their entirety and "Reserved." The following paragraphs are added: "(d) Award will be made using the lowest price technically acceptable (LPTA) selection process. Award may be made on initial quotations. Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to contact quoters if it is later determined by the contracting officer to be necessary. The LPTA process will proceed as follows: (1) Quotes may be removed from consideration for any of the following reasons: • Quotes that are not received timely • Quotes that fail to instructions • Quotes that fail to submit any required documentation • Quotes that have language inconsistent with the terms and conditions set forth in the solicitation (2) Quotes will be ordered by price from lowest to highest. (3) The Government will then review Factor 1 and Factor 2 of the lowest priced quote. If the review finds that Factor 1 and Factor 2 of the lowest priced quote is acceptable, then that quote represents the best value to the Government and the technical evaluation process stops at this point. Contingent upon a subsequent determination of price reasonableness and of contractor responsibility by the Contracting Officer, an award will be made to that quoter without further consideration of any other quoters. If the lowest quote is determined not to be acceptable for any reason, then the next lowest priced quote will receive an evaluation as described above. The process will continue (in order by price) until a quote from a responsible contractor is determined to be acceptable and priced fairly and reasonably. (4) Using this procedure, the Government might not evaluate all quotes. (e) Each Factor will be evaluated as follows: (1) Factor 1. Technical capability to meet the Government's Requirement Technical capability will be rated on an "acceptable" or "unacceptable" basis as follows: Acceptable - Quote clearly meets the minimum requirements of the solicitation as follows: - Ability to meet required scheduled flight times - Ability to accommodate the specified number of passengers - Ability to meet the minimum weight loads as required by the Statement of Work Unacceptable - Quote does not clearly meet the minimum requirements of the solicitation (2) Factor 2. Past Performance Past performance will be rated on an "acceptable" or "unacceptable" basis as follows: Acceptable - Based on the quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown. (See note below.) Unacceptable - Based on the quoter's performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort Note: In the case of a quoter without a record of relevant past performance, or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown/neutral past performance. In the context of acceptability/unacceptability, "unknown/neutral" shall be considered "acceptable." Note: Quoters are not required or requested to submit past performance references. The Government will use public and Government-restricted sources (e.g. PPIRS) to evaluate past performance. (3) Factor 3. Price Price will not be rated. Price analysis will be conducted to determine reasonableness." (x) Quoters are required to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items with its quote. Quoters shall complete only paragraph (b) of this provision if they have completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Quoter has not completed the annual representations and certifications electronically, it shall complete only paragraphs (c) through (q) of this provision. (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. There are no addenda to the clause. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. The following FAR clauses cited in the clause are applicable to the acquisition: From paragraph (b): (4) 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (8) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (14)(i) 52.219-6 52.219-6, Notice of Total Small Business Aside (Nov 2011) (22) 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) (25) 52.222-3 Convict Labor (June 2003) (27) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) (28) 52.222-26 Equal Opportunity (Apr 2015) (30) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (33)(i) 52.222-50 Combating Trafficking in Persons (Mar 2015) (40) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (44) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) (50) 52.232-33 Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) From Paragraph (c): (2) 52.222-41, Service Contract Labor Standards (May 2014) (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) The following is the fill-in for FAR 52.222-42 (This Statement is for Information Only: It is not a Wage Determination): Employee Class: Pilot, GS-2100-09 Monetary Wage: $29.10 Fringe Benefits: 36.25% (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) From Paragraph (e) (xi) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (xiii) - The following additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are applicable, as follows: FAR 52.211-11 Liquidated Damages-Supplies, Services, or Research and Development. (Sept 2000) (a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $750 per calendar day of delay. (b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract. (End of clause) G. 5200.243.001 CONTRACTING OFFICER (CO) (JUL 2015) 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. The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned: TSA Contracting Officer: NAME: Stacey Santhuff PHONE NUMBER: 202-360-7929 EMAIL: Stacey.santhuff@tsa.dhs.gov (End of clause) G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015) "SUBMISSION OF INVOICES" (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 (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 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 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. Invoices may be submitted no more frequently than once per week, in arrears. (End of clause) H.5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015) This contract X is/ is not for commercial item, as defined by FAR 2.1. (End of clause) H.5200.224.001 DISCLOSURE OF INFORMATION (JUL 2015) 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. (End of clause) H.5200.224.003 SECURITY OF SYSTEMS HANDLING PERSONALLY IDENTIFIABLE INFORMATION AND PRIVACY INCIDENT REPONSE (JUL 2015) (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 Representative (COR), 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. 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. (End of clause) L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (JUL 2015) In the event of receipt of the Contracting Officer's final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Office of Acquisition in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer's decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Office of Acquisition, 601 S. 12th Street, Arlington, VA 20598-6025, or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate "APPEAL OF AGENCY PROTEST". (End of provision) (xiv) The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition. (xv) Quotes are due at 1:00 PM Pacific Time on May 23, 2016. Quotes shall be submitted electronically to kevin.newton@tsa.dhs.gov. (xvi) Please contact Kevin Newton at 202-631-3110 for information regarding the solicitation. (xvii) Wage Determination 2005-2017, Revision 21 is applicable to this requirement.
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- Place of Performance
- Address: 1873 Shell Simmons Dr, Juneau, Alaska, 99801, United States
- Zip Code: 99801
- Zip Code: 99801
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