ATCH_1__Additional_Clauses_PR_20095927__.pdf

PR 20095927 Attachment 1

RFP 20095927 ATTACHMENT 1– ADDITIONAL CLAUSES

CLAUSES INCORPORATED BY REFERENCE

HOMELAND SECURITY ACQUISTION REGULATIONS (HSAR)

NUMBER DATE TITLE

3052.209-70 JUN 2006 PROHIBITION ON CONTRACTS WITH

CORPORATE EXPATRIATES

3052.215-70 JUN 2006 KEY PERSONNEL OR FACILITIES (DEC 2003)

3052.228-70 DEC 2003 INSURANCE

3052.242-71 DEC 2003 DISSEMINATION OF CONTRACT

INFORMATION

3052.242-72 DEC 2003 CONTRACTING OFFICER’S TECHNICAL

REPRESENTATIVE (DEC 2003)

3052.245-70 DEC 2003 CONTRACTING OFFICER’S TECHNICAL

REPRESENTATIVE (DEC 2003)

CLAUSES INCORPORATED BY REFERENCE

FAR CLAUSES: All references may be viewed for full text at http://farsite.hill.af.mil

FAR 52.202-1 – Definitions

FAR 52.203-5 -- Covenant Against Contingent Fee

FAR 52.203-6 -- Restrictions on Subcontractor Sales to the Government.

FAR 52.203-7 -- Anti-Kickback Procedures.

FAR 52.203-13 – Contractor Code of Business Ethics and Conduct.

FAR 52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

FAR 52.204-6 – Unique Entity Identifier.

FAR 52.204-7 -- System for Award Management.

FAR 52.204-8 -- Annual Representations and Certifications

FAR 52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items.

FAR 52.212-2 -- Evaluation -- Commercial Items.

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items.

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.

FAR 52.213-2 -- Invoices.

FAR 52.214-4 -- False Statements in Bids.

FAR 52.214-5 -- Submission of Bids.

FAR 52.214-6 -- Explanation to Prospective Bidders

FAR 52.214-7 -- Late Submissions, Modifications, and Withdrawals of Bids.

FAR 52.214-34 -- Submission of Offers in the English Language.

FAR 52.214-35 -- Submission of Offers in U.S. Currency.

FAR 52.217-8 Option to Extend Services (Nov 1999)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

FAR 52.243-1 -- Changes -- Fixed-Price.

FAR 52.249-1 -- Termination for Convenience of the Government (Fixed-Price) (Short Form).

FAR 52.249-8 -- Default (Fixed-Price Supply and Service) (a)

HSAR CLAUSES

HSAR 3052.242.72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

(End of clause)

HSAR 3052.215.70 KEY PERSONNEL OR FACILITIES (DEC 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract: Project Manager

(End of clause)

HSAR 3052.245-70 Government Property (Deviation)

The Contractor shall prepare a report of Government property in its possession and the possession of its subcontractors, when and in a format prescribed by the Contracting Officer.

(End of clause)

CBP CLAUSES

B.2 CONTRACT TYPE (OCT 2008)

This is a Firm Fixed Priced (FFP) order.

(End of Clause)

F.1 – PERIOD OF PERFORMANCE (MAR 2003)

The period of performance for the agreement shall be:

Base Period: 4/1/2017 – 7/31/2017

F.4 TERM OF CONTRACT WITH OPTION(S) (MAR 2003)

Option Period 1: 8/1/2017 – 7/31/2018 Option Period 2: 8/1/2018 – 7/31/2019 Option Period 3: 8/1/2019 – 7/31/2020 Option Period 4: 8/1/2020 – 7/31/2021

F.5 TERM OF CONTRACT WITH OPTION(S) (ALTERNATE I) (MAR 2003)

The contract term shall be for the period April 1, 2017 to July 31, 2017 subject to the Government’s option to extend the term of the contract in accordance with the clause entitled, “Option to Extend the Term of the Contract”, FAR 52.217-9 contained herein.

G.4 – CONTRACTING OFFICER’S AUTHORITY (MAR 2003)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result hereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirements of the contract, or to modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

G.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE

PROCESSING PLATFORM (IPP) (JAN 2016)

References: OMB Memo on Electronic Invoicing (M-15-19) and FAR 32.905(b)

Prescription: Include in all solicitations and contracts issued or awarded on or after the effective transition date (April 11, 2016).

Clause Text:

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE

PROCESSING PLATFORM (IPP) (JAN 2016)

Beginning April 11, 2016, payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). Payment terms for existing contracts and orders awarded prior to April 11, 2016 remain the same. The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later, and must use the non-IPP invoicing process for those contracts and orders awarded prior to April 11, 2016.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]:

The IPP was designed and developed for Contractors to enroll, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.

H.4 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H.13 DISCLOSURE OF INFORMATION (MAR 2003)

A. General

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons exceptas may be necessary in the performance of the contract.

B. Technical Data Rights

The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause for additional information.

C. Privacy Act

In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees.

H.15 INCREMENTAL FUNDING (MAR 2003)

H.17 NON-PERSONAL SERVICES (MAR 2003)

1) The Government and the Contractor agree and understand the services to be performed under this contract are non-personal in nature. The Contractor shall not perform any inherently Governmental functions under this contract as described in Office of Federal Procurement Policy Letter 92-1.

2) The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor.

3) The parties also recognize and agree that no employer-employee relationship exists or will exist between the Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees. Contractor personnel under this contract shall not:

a) Be placed in a position where there is an appearance that they are employed by the Government or are under the supervision, direction, or evaluation of any Government employee. All individual employee assignments and daily work direction shall be given by the applicable employee supervisor.

b) Hold him or herself out to be a Government employee, agent, or representative or state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as such and specify the name of the company for which they work.

c) Be placed in a position of command, supervision, administration or control over Government personnel or personnel of other Government contractors, or become a part of the government organization. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to change the contract in any way. If the other Contractor believes this communication to be a direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the

CO.

4) 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 CO of this communication or action.

Rules, regulations, directives and requirements which are issued by U.S. Customs and Border Protection under their responsibility for good order, administration and security are applicable to all personnel who enter Custom installations or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(End of Clause)

H.18 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (JUL

2010)

A. Contractor Performance Evaluations

Interim and final performance evaluation reports will be prepared on this contract or order in accordance with FAR Subpart 42.15. A final performance evaluation report will be prepared at the time the work under this contract or order is completed. In addition to the final performance evaluation report, an interim performance evaluation report will be prepared annually to coincide with the anniversary date of the contract or order.

Interim and final performance evaluation reports will be provided to the contractor via the Contractor Performance Assessment Reporting System (CPARS) after completion of the evaluation. The CPARS Assessing Official Representatives (AORs) will provide input for interim and final contractor performance evaluations. The AORs may be Contracting Officer’s Technical Representatives (COTRs), project managers, and/or contract specialists. The CPARS Assessing Officials (AOs) are the contracting officers (CO) who will sign the evaluation report and forward it to the contractor representative via CPARS for comments.

The contractor representative is responsible for reviewing and commenting on proposed ratings and remarks for all evaluations forwarded by the AO. After review, the contractor representative will return the evaluation to the AO via CPARS.

The contractor representative will be given a minimum of thirty (30) days to submit written comments or a rebuttal statement. Within seven (7) days of the comment period, the contractor representative may request a meeting with the AO to discuss the evaluation report. The AO may complete the evaluation without the contractor representative’s comments if none are provided within the thirty (30) day comment period. Any disagreement between the AO/CO and the contractor representative regarding the performance evaluation report will be referred to the CPARS Reviewing Officials (ROs). Once the RO completes the review, the evaluation is considered complete and the decision is final.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used in future award decisions.

B. Primary and Alternate Corporate Senior Contractor Representatives

The contractor must identify a primary and alternate Corporate Senior Contractor Representative for this contract and provide the full name, title, phone number, email address, and business address to the CO within 30 days after award.

C. Electronic Access to Contractor Performance Evaluations

The AO/CO will request CPARS user access for the contractor by forwarding the contractor’s primary and alternate representatives’ information to the CPARS Focal Point

(FP).

The FP is responsible for CPARS access authorizations for Government and contractor personnel. The FP will set up the user accounts and will create system access to CPARS.

The CPARS application will send an automatic notification to users when CPARS access is granted. In addition, contractor representatives will receive an automated email from CPARS when an evaluation report has been completed.

(End of Clause)

H.21 HOLIDAYS AND ADMINISTRATIVE LEAVE (MAR 2003)

U.S. Customs and Border Protection (CBP) personnel observe the following days as holidays:

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day Presidents' Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day

Any other day designated by Federal statute, by Executive Order or by the President's proclamation.

When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, except as set forth in the contract.

Except for designated around-the-clock or emergency operations, contractor personnel will not be able to perform on site under this contract with CBP on holidays set forth above. The contractor will not charge any holiday as a direct charge to the contract. In the event Contractor personnel work during a holiday other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

In the event CBP grants administrative leave to its Government employees, at the site, on-site contractor personnel shall also be dismissed if the site is being closed. However, the Contractor shall continue to provide sufficient personnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In each instance when the site is closed to Contractor personnel as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances; the Contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies. The cost of salaries and wages to the Contractor for the period of any such site closure are a reimbursable item of direct cost under the contract for employees whose regular time is normally a direct charge if they continue to perform contract work; otherwise, costs incurred because of site closure are reimbursable as indirect cost in accordance with the Contractor's established accounting policy.