Flight Deck Simulators
Added: Aug 10, 2016 3:18 pm 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. The solicitation number is HSTS05-16-Q-FDO055 and is issued as a Request For Quote (RFQ).The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-89.The associated NAICS code is 336413 with a small business size standard of 1250 employees. List of line items, quantities and units of measure:00001 Aircraft Training Simulators 6 Each00002 Option quantity of 4 additional units.Vendors shall submit one unit price for line item 0001 and one price for line 0002. The award will be made for the total combined price of line items 0001 and 0002. Funding will be applied to line item 0001. Subsequent funding will be provided for the option quantity if and when needed. This is a one year requirement. Item will be shipped FOB DestinationDescription of requirements for the items to be acquired:Statement of Work1.0 BACKGROUNDThe Transportation Security Administration (TSA) - Aviation Programs Branch (APB) - Federal Flight Deck Officer Program (FFDO) is mandated to provide effective and realistic training environments that replicate conditions in the aviation domain to train commercial pilots, agency personnel and other designated transportation security professionals. As such, APB has determined that a dimensionally accurate Flight Deck Simulator (FDS) is essential to training an FFDO to respond to teats inside the flight deck. 2.0 SCOPE OF WORKThe contractor shall manufacture, equip, and routinely maintain, as applicable by agreement and/or warranty, multiple FDS units inside existing buildings at the Federal Law Enforcement Training Center (FLETC) in Artesia, New Mexico.There shall be six (6) complete modular Flight Deck Simulator (FDS) units at FLETC with the option to purchase an additional four (4) in the future. All end result FDS units shall provide an aesthetically accurate portrayal of the interior of a commercial Boeing 737 aircraft flight deck/cockpit.As all FDS units will be located inside of existing buildings, they must be manufactured in such a way that engineering capabilities exist for ease of transport, installation and/or removal.3.0 CONTRACTOR TASKSThe contractor shall furnish and install six (6) modular FDS units at the Federal Law Enforcement Training Academy (FLETC) in Artesia, New Mexico . The contract will include an option to purchase an additional four (4) modular FDS units. The FDS units shall be in accordance with the following performance objectives:3.1 MODULARITYThe FDS units shall be modular with the capability of being disassemble, or otherwise broken down, in less than 8 hours utilizing standard hand/power tools, for future transport to another existing facility. The FDS units will be installed in classrooms that are 10 ‘ 3 " x 13' 2" in Artesia with each piece of the FDS unit having to pass tough an existing 36"W x 80" H doorway without modifying the door frame. The units should be of such size as to allow a fire safety standard walkway on at least one side of the unit while in the classroom. The unit must provide mounting points for current Judgement Pistol Shooting projection and camera systems as well as the ability to house existing cables out of the training environment to reduce safety hazards. 3.2 MATERIALThe FDS units shall be completely constructed of reinforced fiberglass.The surfaces of the FDS units must be able to withstand the effect of dynamic human movement by multiple people concurrently inside the FDS unit without exhibiting adverse effects or damage. The Non-Lethal Training Ammunition (NLTA) projectile is the approximate size of a standard No. 2 pencil eraser and is fired from a special purpose weapon at muzzle velocity that will not exceed 400 fps. The projectile is coated with a wax based marking paint of varying primary colors. 3.3 DURABILITYFFDO Instructors and students will conduct dynamic law enforcement based training activities inside the FDS units. These activities include defensive measures, force on force, and other fluid training maneuvers that may result in students making direct impact with the FDS unit components.The FDS shall be anchored to the floor or otherwise be designed, constructed, and/or installed in such a manner to eliminate movement or breakage of the FDS by rapid movement of occupants.If the FDS unit has an integral floor, it shall be covered with a durable and cleanable finish that will not hold the marking of the NLTA.The interior surfaces of the FDS unit shall be able to withstand daily cleanings by cloth, soap and water.3.4 CONSTRUCTION The FDS unit construction methodology should utilize durable construction techniques and finishes toughout wherever possible.The FDS unit shall provide the physically confining dimensions (height, width, length, etc.) to include a center console/pedestal, of the interior flight deck/cockpit of a Boeing 737NG aircraft within a +/- tolerance of 10%.Each FDS unit shall contain a removable yoke, or a removable device that provides the physical limitations of a yoke, within a flight deck.The FDS units shall provide adequate space for future cockpit chair installation dimensionally accurate to a Boeing 737NG aircraft.The FDS unit shall have a dimmable interior lighting system which is controlled by switch or device located in such a positon so no safety hazard presents itself during dynamic and aggressive movement by occupants. .The unit should have speakers mounted within to allow the current JPS equipment to be connected simulating the surround sound used by current scenarios. The exterior of the FDS shall be covered and have no internal structural supports or wiring visible or readily accessible. The exterior and interior of the aircraft FDS unites shall be white. Coordination between the Government and the Contractor shall take place for any Government Agency or Departmental logos to be placed on the inside/outside of the FDS unit. The FDS unit shall be intrinsically safe, constructed of a fiberglass that does not pose a hazard, and is not volatile nor flammable.3.5 SAFETYThe FDS unit shall be intrinsically safe and constructed of materials that do not pose a high hazard to occupancy, are not volatile in nature, nor extremely flammable.The interior of the FDS unit should not contain any sharp edges; all perpendicular meetings of surfaces shall be smoothed or otherwise eased. The Contractor will take measures to reduce the hazard of pinch points within the FDS units and clearly mark any potential hazards. Flooring of the FDS units shall be covered with Zebra© Mat or equivalent flooring material and easily cleaned with cloth, soap and water.The interior ceiling, center console and dash shall be padded with Zebra© Mats or equivalent to prevent injury to occupants moving rapidly inside the FDS unit.4.0 CONCEPTUAL DRAWINGThe contractor shall provide the Aviation Programs Branch with one electronic copy of a Conceptual Drawing Package (CDP) with the proposal. The CDP must clearly depict the FDS unit that is proposed. The CDP shall, at a minimum, include dimensioned shop drawings that depict all four sides and a top view of the proposed FDS unit (s) with all prominent features dimensioned accurately. The CDP will include shop drawings depicting cross sectioned, aka cut-away, front and side view elevations of the FDS unit(s) with all prominent features dimensioned, including interior clearances, widths, seat widths, etc.5.0 DELIVERY OF MATERIALSThe Contractor shall ensure that all parts, assemblies, materials, components and systems necessary for a complete installation are delivered, no more than 120 calendar days after award. The Contractor shall ensure all parts, assemblies, materials, components and systems are delivered to the project location before onsite work begins.Coordination of delivery shall take place the COR at least ten (10) business days in advance of delivery. Facilities leased by TSA may have specific requirements and/or restrictions concerning delivery and installation of the units that must be coordinated tough the COR and the local building management. In addition, some locations will require the Contractor to utilize the freight elevator to the final assembly location.The Contractor shall ensure that a valid registration and proof of insurance is inside each vehicle employed in this effort, whether in the delivery of parts, assemblies, materials, components and systems, or the transport of tools and/or equipment or personnel. The project location is a secure facility and an escort will be provided. 6.0 ONSITE INSTALLATIONSThe Contractor shall ensure all onsite personnel have a Federal or State issued photo identification card in their possession each day they are present for work at the project site. The Contractor shall ensure that a valid registration and a valid proof of insurance are inside each vehicle employed in this effort. The Contractor will designate a site foreman for each project, in writing, who will be present during all phases of installation; this will be the Contractor's designated representative to handle all onsite concerns.The Contractor will assemble all parts, assemblies, materials, components necessary for the complete installation of the FDS units in accordance with the approved Conceptual Design. The Contractor will provide daily cleanup of the project location so as not to provide interference or a safety hazard with adjacent training venues. The Contractor shall install all parts, assemblies, materials, components and systems in a smart, safe and clean manner.Contractor personnel performing work on a Government site or installation shall be subject to the TSA Suitability Determination for Contractor Employees.The Contractor shall remove all debris generated from the installation of the FDS and dispose of them off-site in accordance with all Federal, State, and local applicable regulations. The Contractor shall request approval in writing to place a dumpster at the project location no less than two weeks prior to the delivery date of the container. The Contractor shall coordinate the placement of any dumpsters, trash containers, tool storage units, vehicles, equipment, trailers or other items with TSA.The Contractor shall provide TSA written notice two weeks prior when and if an electrical outage is required. Any work that involves welding, brazing, torching, soldering, melting, or otherwise requires heat over 160 degrees Faenheit or work that requires an open flame will require a hot work permit, the Contractor will provide TSA with written notice two weeks before a hot work permit is required.The Contractor will take the necessary steps during installation to safeguard TSA furnished material, equipment, property, facilities, etc. from damage during the entire project. The Contractor shall report all damage to any TSA furnished material, equipment, property, and facilities etc. promptly to the Contracting Officer for appropriate action.7.0 TESTINGThe Contractor shall test all parts, assemblies, materials, components and systems to ensure that a fully operational FDS unit is provided in accordance with the design criteria and the specifications provided with the proposal. The Contractor shall also certify upon completion of the FDS unit, in writing to the COR, that the FDS unit training venue is safe for all participants, instructors, students, visitors and repairmen.8.0 TRAININGThe Contractor shall ensure that personnel designated by the TSA/FFDO program are trained on the features of the FDS units, with special attention given to the safety features of the FDS unit to include emergency egress and extraction of injured persons. The Contractor will train personnel designated by the TSA/FFDO Program on any maintenance that can be performed on the FDS units, specifically routine maintenance that may prolong the life of the unit. Lastly, the Contractor shall train the designated personnel on the proper way to clean and sanitize the units, both on a daily and less-frequent basis.9.0 DELIVERABLESUpon award the Contractor will furnish a delivery schedule to the Government which complies with the 120-day period of performance.Six (6) FDS units for Artesia, NM with the option to purchase four (4) additional units.Conceptual drawing and specifications.10.0 PLACE OF PERFORMANCEManufacturing of the FDS units and its piece, assemblies, or components under this contract shall primarily occur at the contractor's or designated subcontractor's facilities. However, required site visits to New Mexico, as needed, for measurements, delivery, installation and/or routine or warranted maintenance shall occur.11.0 TRAVELTravel requirements, as necessitated by the project location being worked on and/or installed, shall be requested by the contractor, in writing to the CO/COR, for approval prior to travel arrangements being made. All travel shall be in accordance with the Federal Travel Regulations.Date and place of delivery and acceptance and FOB point:The start date for installation of the units is 120 days from the receipt of the contract. The contractor will have 30 days to assemble the units.The place of Performance is the TSA Training Center in Artesia, New Mexico.The provision at 52.212-1, Instructions to Offerors -- Commercial applies to this acquisition.The provision at 52.212-2, Evaluation -- Commercial Items applies to this acquisition.The following addenda apply:Paragraph (a) is filled in as follows: "(i) Past Performance; and, (ii) Price."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 follow the instructions in FAR Provision 52.212-1• Quotes that fail to submit any required documentation • Quotes that have language inconsistent with the terms and conditions set forth in the solicitation2) Quotes will be ordered by price from lowest to highest.3) The Government will then review Factor 1 of the lowest priced quote. If the review finds that Factor 1 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:Factor 1. Past PerformancePast performance will be rated on an "acceptable" or "unacceptable" basis as follows:Rating - DescriptionAcceptable - 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 effortNote: 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 past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable."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.Factor 2. PricePrice will not be rated. Price analysis will be conducted to determine reasonableness.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 tough http://www.acquisition.gov . If the Quoter has not completed the annual representations and certifications electronically, it shall complete only paragraphs (c) tough (q) of this provision.The provision at 52.212-1, Instructions to Offerors -- Commercial applies to this acquisition.The provision at 52.212-2, Evaluation -- Commercial Items applies to this acquisition.The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. The additional FAR clauses cited in the clause which are applicable to the acquisition are as follows:From Paragraph (b)_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note)._X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644)._X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2))._X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126)._X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)._X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246)._X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793)._X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627)._X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513)._X_ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83)._X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury)._X_ (54) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).From Paragraph (e)_X_ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).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:52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item.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 30 days of needed additional items (CLIN 00002). Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. The time limit for exercise of the option is 1 year from the effective date of the award. 52.237-1 -- Site Visit (Apr 1984)Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Pls contact Sue Cryan at 703-487-0059 to arrange a site visit.(End of Provision)52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.(End of Clause)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: Doretta ChiarlonePHONE NUMBER: 609-813-3363EMAIL: Doretta Chiarlone@tsa.dhs.govAll Inquiries and e-mail correspondence are to be sent to Mario.maccarone@tsa.dhs.gov609-455-62195200.204.001 MAJOR BREACH OF SAFETY OR SECURITY (DEC 2015)(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 classified information 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.(End of clause)5200.225.001 NOTICE TO OFFERORS/CONTRACTORS CONCERNING TRADE AGREEMENTS TERMS APPLICABILITY TO THE TRANSPORTATION SECURITY ADMINISTRATION (DEC 2015)With respect to the following Federal Acquisition Regulation (FAR) provisions and clauses listed directly below:FAR 52.225-1 "Buy American Act-Supplies," FAR 52.225-2 "Buy American Act-Certificate,"FAR 52.225-5 "Trade Agreements," FAR 52.225-6 "Trade Agreements Certificate,"FAR 52.225-9 "Buy American Act-Construction Materials," FAR 52.225-10 "Notice of Buy American Act Requirement-Construction Materials,"FAR 52.225-11 "Buy American Act-Construction Materials under Trade Agreements," and FAR 52.225-12, "Notice of Buy American Act Requirement-Construction Materials under Trade Agreements"Offerors are hereby notified that the the TSA is subject to theWorld Trade Organization Government Procurement Agreement and the countries it includes as presently defined in FAR 25.003. Otherwise, the only other trade agreements that presently cover the TSA are the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement. . Offerors must analyze their intended proposals and provide information in response to the required provisions accordingly.The European Union participation is as defined at http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm (End of provision)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 provision5200.237.004 Contractor Responsibility, Conduct and Performance under TSA Service Contracts (JAN 2016)A. BASIC REQUIRED STANDARDS OF CONDUCT RELATED TO BUSINESS UNDER GOVERNMENT CONTRACTS1. General. The Government has the basic inherent expectations of timely, focused, effective, and competent performance by the Contractor under a contract. The Contractor has the basic inherent expectation of fair treatment under the contract, where the Contractor's employees, when in Government facilities or in circumstances where the Government has primary control or responsibility, have the expectation of performance in a safe and non-hostile work environment. 2. Adherence to Standards. The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. Contractor employees performing work under this contract shall not:a) Solicit new business (on-site at government spaces, or while on work during periods paid by Government) 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 while on Government premises;d) Use Government computer systems or networks, Government property or materials, and/or Government facilities for company or personal business;e) Recruit while on Government premises or otherwise act to disrupt official Government business while on Government premises.f) Discuss with unauthorized persons any information obtained during the performance of work under this contract.3. Reporting Matters.a) Illegal and Unethical Conduct. The Contractor, and its employees shall immediately report to the Contracting Officer and/or Contracting Officer's Representative, any illegal or unethical conduct observed, noticed, or discovered while on Government premises or during periods paid by the Government under this contract, without regard as to the source of such conduct (except that any matter involving only contractor employees, apart from any Government requirements or the specific requirements of this contract, is deemed to be strictly the concern of the Contractor). The Contractor shall immediately report to the Government all actual or suspected violations of Government information, personnel, or physical security requirements. The Contractor shall fully comply with all of the reporting requirements that are expressed for specified circumstances and issues identified in discrete Federal Acquisition Regulation or Homeland Security Acquisition Regulation clauses in force under this contract. b) Emergency Situations While on Government Premises. Contractor employees shall immediately report any emergency situations they may witness (any circumstance where actual or potential loss of life, serious injury, or critical damage to property, or other serious incidents, such as fires, or workplace violence, terrorist activities, or other criminal behavior is occurring ) per standing TSA procedures while they are performing under contract in government facilities.c) Government Employee Misconduct. In the event of misconduct by a government employee which is observed or witnessed by a contractor employee, (or in the event of any unauthorized conduct to which a Government employee may subject a contractor employee) the contractor employee shall immediately report such to their on-site contractor supervisor or other company-designated management official, the Contracting Officer and/or Contracting Officer's Representative.d) Workplace safety. In the event of any situation involving workplace safety, the contractor employee shall immediately report such to their on-site contractor supervisor or other company -designated management official, the Contracting Officer and/or Contracting Officer's Representative.4. 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.5. 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.B. BASIC REQUIREMENTS AFFECTING CONTRACTOR PERFORMANCE1. Contractor Responsibility for Performance Management. The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract.2. Limitation on Government Liability. 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.3. Responsibility for Effective Contract Transitions. 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.4. The Government observes the following holidays:New Year's DayMartin Luther King, Jr. BirthdayWashington's Birthday (President's Day)Memorial DayIndependence DayLabor DayColumbus DayVeteran's DayThanksgiving DayCistmas Daya) In addition to the days designated as holidays, the Government observes also the following days:• Any other day designated by Federal Statute, and• Any other day designated by Executive Order, and• Any other day designated by President's Proclamation, such as extreme weather conditions.• Inauguration Day (Washington, DC metropolitan area)b) When the Government grants excused absence to its employees in a specific location, assigned Contractor personnel at that same location may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer's Representative. Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract.c) In the event the Contractor's personnel work during the holiday or other excused absences, they may be compensated by the Contractor, however, no form of holiday or other premium compensation will be considered either as a direct or indirect cost, other than their normal compensation for the time worked. For cost reimbursable and time and material (T&M) contracts, the Government will only consider as direct and/or indirect costs those efforts actually performed during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract. Otherwise, the management responsibility for contractor functions approved by the Contracting Officer for offsite work, in the event of inaccessibility of federal workplaces are the sole responsibility of the contractor. The contractor may propose telework or other solutions when critical work is required, however, the Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location and all resources necessary to complete such performance.d) In the event of an actual emergency, the Contracting Officer may direct the contractor to change work hours or locations or institute telework, utilize personal protective equipment or other mandated items.e) In the event of a Government shutdown caused by a lapse in appropriations, which can occur at the beginning of a fiscal year if no funds have been appropriated for that year, or upon expiration of a continuing resolution if a new continuing resolution or appropriations law is not passed, the Contractor shall continue performance under the contract unless otherwise instructed in writing by a Contracting Officer. Unless the Contractor is provided a formal notification to the contrary, usually via a Stop Work Order pursuant to FAR 52.242-15, the Contractor must continue to comply with all terms and conditions of the contract. If a contract will not be affected by a shutdown, generally no separate notification or communication of that fact will be provided.C. CONTRACTOR'S RESPONSIBILITY FOR ASSIGNED SPACE, EQUIPMENT, AND SUPPLIES. If, due to the fault or neglect of the Contractor, his agents, or employees, damages are caused to any Government property, equipment, stock or supplies, during the performance of this contract, the Contractor shall be responsible for such loss or damage and the Government, at its option, may either require the Contractor to replace all property or to reimburse the Government for the full value of the lost or damaged property. The Contractor is responsible for maintaining all assigned space(s) in a clean and orderly fashion during the course of this contract. All telephones are for conducting official Government business only.D. CONTRACTOR EMPLOYEE TRAINING REQUIREMENTS. The Contracting Officer's Representative will identify any specified government training which the contractor's employees with access to TSA IT accounts will be required to complete as a precursor to or coincident with their authorized access to or use of government space or facilities, equipment, information, or information systems as a necessary component of performance required under the contract. Contractor employees are responsible for providing required evidence of timely training completion when the Government assigns such 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 tough 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.E. COOPERATION WITH AUDITORS AND INVESTIGATORS. The Contractor shall cooperate fully with all auditors and investigators on all matters arising under or directly related to this contract and/or any other matter that may occur in relation to the contractor's presence within Government facilities or due to access to Government information, information systems, property or equipment.F. EMPLOYEE REMOVAL. The Government may identify to the Contractor any contractor employee for removal from contract performance upon notification of failure to comply with the requirements herein.G. 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.H. PERSONNEL CHANGES. The Contractor shall notify the Contracting Officer's Representative (COR) in writing of any changes needed in building, information systems, or other information access requirements for its employees in order to meet contract requirements not later than one day after any personnel changes occur. This includes name changes, resignations, terminations, and transfers to other Contractors. The Contractor shall provide the following information to the COR: full name, social security number, effective date, and reason for change.I. SUBSTITUTION OF KEY PERSONNEL . The Contractor shall notify the Contracting Officer (CO) and the Contracting Officer's Technical Representative (COR) prior to making any changes in Key Personnel. No changes in Key Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to or better than the qualifications of the Key Personnel being replaced or otherwise meet the standards applicable in the contract. All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The CO shall be notified in writing of any proposed substitution at least fifteen (15) days, or forty-five (45) days if either a background investigation for building or information system access and/or a security clearance (due to classified contract requirements that relate specifically to personnel) must be obtained to meet the contract's requirements, in advance of the proposed substitution. Such notification from the contractor shall include:1. an explanation of the circumstances necessitating the substitution;2. a complete resume of the proposed substitute; and3. any other information requested by the CO to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.The CO and COR will evaluate substitution requests and promptly notify the Contractor of his/her approval or disapproval in writing. All disapprovals will require resubmission of another substitution within 15 calendar days by the Contractor.J. FAILURE TO COMPLY. Any failure by the Contractor to comply with these requirements may result in a contract termination and/or any other remedy available to the Government, up to and including criminal prosecution where provided for by law.K. 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) tough 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.L. 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.Compliance with this Special Contract Requirement is included in the contract price and shall not be a basis for equitable adjustment.(End of clause)5200.242.003 SUBMISSION OF INVOICES (JUL 2015)(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: 757-413-7314The 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) Address / Contact InformationUnited States Coast Guard Finance CenterTSA Commercial InvoicesP.O. Box 4111Chesapeake, 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.milContacting 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 tough 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 shall be submitted after deliveries are made.(End of clause)5200.204.002 PERSONNEL ACCESS (MAR 2016)1. All Contractor personnel requiring access to TSA facilities, information systems, or information will be subject to the security procedures set forth in this contract.2. Whenever personal identity verification (PIV) cards are required for issuance or re-issuance to contractor personnel for authorized access to Government facilities, under the guidance of the Contracting Officer's Representative (COR), the Contractor is responsible for making all arrangements for affected Contractor personnel to report in-person at the nearest Government issuing facility to initiate and complete procedures for PIV card issuance. The Government will not be able to provide PIV card issuance at any other locations than those officially designated as available. PIV card issuing facilities that are available for the completion of this requirement for TSA contractors are as listed by the TSA Personnel Security Section, and the COR will advise the Contractor about Government PIV card issuing facility locations that are nearby the contractor's location(s) of performance that will be potentially available for card issuance when required.(End of clause)5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015)This contract is for commercial items, as defined by FAR 2.1.(End of clause)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.5200. 242.001 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND TECHNICAL MONITORS (JUL 2015)1. The principle role of the COR is to support the Contracting Officer in managing the contract. This is done tough 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 designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.TSA COR:NAME: Suzanne Cryan PHONE NUMBER: 703-487-0059 EMAIL: Suzanne.cryan@tsa.dhs.gov 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 tough 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 tough 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 teats 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.(End of clause)The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.Questions are due no later than 2:00 PM Eastern Time on 24 Aug 16. Quotes are due no later than 3:00 AM Eastern Time on 13 Sept 16. Questions and quotes shall be submitted electronically to Mario.maccarone@tsa.dhs.gov. Please coordinate the site visit in time for quote submission.For information regarding the solicitation, contact Mario Maccarone at 609-455-6219.
HSTS05-16-Q-FDO055 Department of Homeland Security Transportation Security Administration
8/10/16, 3:18 PM