RFP_-_18_April_2019.pdf

SOLICTITATION CONTRACT ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

20104119

PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION

70B01C19R00000003

6. SOLICITATION

ISSUE DATE

04/23/2019

7. FOR SOLCITATION

INFORMATION CALL:

a. NAME

Rick Travis

b. TELEPHONE NUMBER

(317) 614-4580

8. OFFER DUE DATE/

LOCAL TIME

06/20/2019 3:00 PM

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET-ASIDE 100 % FOR:

Customs and Border Protection (CBP)

RICK TRAVIS (317) 614-4580

Intech Two Suite 100 6650 Telecom Drive Indianapolis, IN 46278

SMALL BUSINESS WOMAN OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

SERVICE DISABLED EDWOSB

VETERAN-OWNED

SMALL BUSINESS

8(A) COMPETITIVE NAICS: 424320

8(A) SOLE SOURCE SIZE STANDARD: 150

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS ORDER IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13B. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE ATTACHED PERFORMANCE WORK STATEMENT SAME AS BLOCKS 7 AND 9

17a. CONTRACTOR/ CODE

OFFEROR FACILITY CODE

18a. PAYMENT WILL BE MADE BY CODE 7005080

Customs and Border Protection National Finance Center P.O. Box 68908 Indianapolis, IN 46268

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS

BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Page 2 of this document.

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCOPORATES BY REFERENCE FAR 5.212-1, FAR 52-212-4. 52.212-3 AND 52.212-5 ARE ATTACHED ADDENDA ARE ARE NOT ATTACHED 27b. CONTRACT/PURCHASE ORDER INCOPORATES BY REFERENCE FAR 52-212-4, 52.212-5 IS ATTACHED ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _1_

COPY TO THIS OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN

29. AWARD OF CONTRACT: REF. ___________ OFFER

DATED ___________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDED ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31.b NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCITON STANDARD FORM 1449 (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR 48 CFR 53.212

70B01C19R00000003

SECTION I – CONTINUATION OF THE SF 1449

SCHEDULE & PRICING STRUCTURE

BASE TERM OF CONTRACT: 12 SEPTEMBER 2019 THROUGH 11 SEPTEMBER 2024

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

10 Component’s Specifications 1 AU See Attachment A N/A (Not including TSA)

Base Period Option Items (Note – unless the United States-Mexico-Canada Agreement (USMCA) is approved prior to award of a resultant contract, both items 20 and 30 below will be awarded. Item 30 will be awarded as an option, i.e., only the pricing for item 20 will be in effect upon award. Upon approval of the USMCA by all parties, a modification will be issued exercising item 30 and removing items 20, 80, and 140 from the contract.)

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

20 TSA Specifications, 1 AU See Attachment B N/A

NAFTA – (DOMESTIC,

MEXICAN, CANADIAN,

OR CHILEAN SOURCING)

All pricing submitted under Item 20 shall be for items sourced consistent with the Kissell Amendment, i.e., sourced only from the United States, Mexico, Canada, and Chile. If any item cannot be sourced from the United States, Mexico, Canada or Chile, a notation is to be made in the column for “non-availability” and an explanation provided per line item as to the market research followed when attempting to source any item in this column.

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

30 TSA Specifications 1 AU See Attachment B N/A

(OPTION) USMCA – (DOMESTIC OR

CHILEAN SOURCING ONLY)

All pricing submitted under Item 30 shall be for items sourced consistent with the Kissell Amendment once the USMCA enters into force, i.e., sourced only from the United States and Chile. If any item cannot be sourced from the United States or Chile, a notation is to be made in the column for “non-availability” and an explanation provided per line item as to the market research followed when attempting to source any item in this column.

QUARTERMASTER SERVICES (BASE PERIOD):

ITEM # DESCRIPTION- ARTESIA QTY UNIT UNIT PRICE EXT. PRICE

40 DESCRIPTION- ARTESIA 60 MO See Attachment A Monthly Quartermaster-Fit Center (On-Site Services – Section 4.2)

50 DESCRIPTION- FREDERICK 60 MO See Attachment A Monthly Quartermaster-Fit Center (On-Site Services – Section 4.2)

60 DESCRIPTION- GLYNCO 60 MO See Attachment A Monthly Quartermaster-Fit Center (On-Site Services – Section 4.2)

Note: Monthly Quartermaster/Fit Center are costs for Contractor staffing and operations at the academies. The Contractor shall provide separate pricing for Artesia, Frederick, and Glynco academies consistent with the applicable wage determinations. (This applies to the Base Term and Options)

OPTION I – TERM OF CONTRACT: 12 SEPTEMBER 2024 THROUGH 11 SEPTEMBER 2025

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

70 Component’s Specifications 1 AU See Attachment A N/A (Not including TSA)

OPTION Items (Note – unless the United States-Mexico-Canada Agreement (USMCA) is approved prior to exercise of Option 1, both Items 80 and 90 below will be awarded. Item 90 will be awarded as an option, i.e., only the pricing for item 80 will be in effect upon award. Upon approval of the USMCA by all parties, a modification will be issued exercising Item 90 and removing Items 80, and 140 from the contract.)

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

80 TSA Specifications, 1 AU See Attachment B N/A

NAFTA – (DOMESTIC,

MEXICAN, CANADIAN,

OR CHILEAN SOURCING)

All pricing submitted under Item 80 shall be for items sourced consistent with the Kissell Amendment, i.e., sourced only from the United States, Mexico, Canada, and Chile. If any item cannot be sourced from the United States, Mexico, Canada or Chile, a notation is to be made in the column for “non-availability” and an explanation provided per line item as to the market research followed when attempting to source any item in this column.

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

90 TSA Specifications 1 AU See Attachment B N/A

(OPTION) USMCA – (DOMESTIC OR

CHILEAN SOURCING ONLY)

All pricing submitted under Item 90 shall be for items sourced consistent with the Kissell Amendment, i.e., sourced only from the United States and Chile. If any item cannot be sourced from the United States or Chile, a notation is to be made in the column for “non-availability” and an explanation provided per line item as to the market research followed when attempting to source any item in this column.

QUARTERMASTER SERVICES (OPTION PERIOD 1):

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

100 DESCRIPTION- ARTESIA 12 MO See Attachment A Monthly Quartermaster-Fit Center (On-Site Services – Section 4.2)

110 DESCRIPTION- FREDERICK 12 MO See Attachment A Monthly Quartermaster-Fit Center (On-Site Services – Section 4.2)

120 DESCRIPTION- GLYNCO 12 MO See Attachment A

OPTION II – TERM OF CONTRACT: 12 SEPTEMBER 2025 THROUGH 11 SEPTEMBER 2026

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

130 Components Specifications 1 AU See Attachment A N/A (Not including TSA)

OPTION ITEMS (Note – unless the United States-Mexico-Canada Agreement (USMCA) is approved prior to exercise of Option 1, both items 140 and 150 below will be awarded. Item 150 will be awarded as an option, i.e., only the pricing for item 1400 will be in effect upon award. Upon approval of the USMCA by all parties, a modification will be issued exercising item 150 and removing item 140 from the contract.)

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

140 TSA* Specifications 1 AU See Attachment B N/A

NAFTA OR CHILEAN SOURCING

All pricing submitted under Item 140 shall be for items sourced consistent with the Kissell Amendment, i.e., sourced only from the United States, Mexico, Canada, and Chile. If any item cannot sourced from the United States, Mexico, Canada or Chile, a notation is to be made in the column for “non-availability” and an explanation provided per line item as to the market research followed when attempting to source any item in this column

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

150 TSA* Specifications 1 AU See Attachment B N/A

(OPTION) DOMESTIC OR

CHILEAN SOURCING ONLY

All pricing submitted under Item 150 shall be for items sourced consistent with the Kissell Amendment, i.e., sourced only from the United States and Chile. If any item cannot be sourced from the United States or Chile, a notation is to be made in the column for “non-availability” and an explanation provided per line item as to the market research followed when attempting to source any item in this column.

QUARTERMASTER SERVICES (OPTION PERIOD 2):

ITEM # DESCRIPTION QTY UNIT UNIT PRICE EXT. PRICE

160 DESCRIPTION- ARTESIA 12 MO See Attachment A Monthly Quartermaster-Fit Center (On-Site Services – Section 4.2)

170 DESCRIPTION- FREDERICK 12 MO See Attachment A Monthly Quartermaster-Fit Center (On-Site Services – Section 4.2)

180 DESCRIPTION- GLYNCO 12 MO See Attachment A

SECTION II – ADMINISTRATION & CLAUSES/PROVISIONS

II.1 DELIVERY REQUIREMENTS

Deliver To: As provided in each Delivery Order Delivery Schedule: As provided in each Delivery Order

II.2 PACKAGING, PACKING AND MARKING

Material shall be packaged, packed and marked for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. In addition, shipping shall comply with Section 5 of the Performance Work Statement.

II.3 DEPARTMENT OF LABOR WAGE RATE DETERMINATIONS (APPLIES TO QUARTERMASTER

SERVICES ONLY)

The following Wage Determinations are incorporated by reference: No.: 2015-4269, Rev 8 (dated

12/26/2018 – Frederick, MD, No. 2015-4477, Rev 10 (dated 12/26/2018) – Glynco, GA, and No. 2015-5455, Rev 9 (dated 12/26/2018) – Artesia, NM.

II.4 LIMITATIONS

For any and all delivery orders framed in terms of units of allowance, the vendor is entitled to payment of the full allowance amount only to the extent that uniform items valued at an amount equal to or exceeding the allowance amount have been delivered.

II.5 TERM OF CONTRACT

The term of contract is for a base period of five (5) years, with two (2) one (1) year option periods, for a total potential of 7 years.

II.6 SPECIFICATIONS and PERFORMANCE WORK STATEMENT

The Specifications and Performance Work Statement which describe the work to be performed hereunder, although attached, is incorporated and made a part of this document with the same force and effect of “specifications” as described in the clause, Order of Precedence, FAR 52.215-8.

II.7 CONTRACTING OFFICER'S AUTHORITY

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 thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement 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.

II.8 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM

(IPP)

"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:

-Invoices shall contain Contract/PO number;

-Delivery Order number and CLIN.

The IPP was 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.

*Notes:

1. CBP uses IPP for invoice and payment requirements. Other DHS Components may use other invoicing methods which shall be accepted by the vendor on any resultant delivery order. CBP does not require a copy of other DHS Components or FDA’s invoices.

2. Billing for CBP shall be limited to once per month.

II.9 ORDERING PROCEDURES - SUPPLIES

(a) Ordering of supplies under this contract shall be accomplished by the issuance of written delivery orders specifying the types and quantities of supplies being ordered. All delivery orders issued under this contract shall conform to the provisions of the contract clauses, "Ordering", FAR 52.216-18 and "Order Limitations,"

FAR 52.216-19.

(b) The Components/Agencies that are authorized to issue delivery orders under this contract are:

(1) U.S. Customs and Border Protection (CBP)

(2) U.S. Immigration and Customs Enforcement (ICE), which includes the sub-Components:

Homeland Security Investigations (HSI) Enforcement and Removal Operations (ERO)

(3) Transportation Security Administration (TSA) and Federal Air Marshal Service (FAMS)

(4) Cybersecurity and Infrastructure Security Agency (CISA), which includes the sub-Components Infrastructure Security Compliance Division (ISCD) Federal Protective Service (FPS) Uniformed Services Branch

(5) Federal Emergency Management Administration (FEMA)

(6) Federal Law Enforcement Training Center (FLETC)

(7) United States Secret Service (USSS)

(8) U.S. Coast Guard (USCG)

(9) Food and Drug Administration (FDA) https://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

II.10 DISCLOSURE OF INFORMATION

(a) General

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the clauses of this contract and shall not be divulged or made known in any manner to any persons except as 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.

II.11 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (APPLIES TO QUARTERMASTER

SERVICES ONLY)

(a) The Contractor will ensure that its employees will identify themselves as employees of their respective company while working on Department of Homeland Security (DHS) contracts. For example, contractor personnel shall introduce themselves and sign attendance logs as employees of their respective companies, not as DHS employees.

(b) The contractor will ensure that their personnel use the following format signature on all official e-mails generated by CBP computers:

[Name] (Contractor) [Position or Professional Title] [Company Name] Supporting the XXX Division/Office DHS-[Insert DHS Component] [Phone] [Other contact information as desired]

II.12 SECURITY PROCEDURES (APPLIES TO QUARTERMASTER SERVICES ONLY)

(a) Controls

1. The Contractor shall comply with the U.S. Customs and Border Protection (CBP) administrative, physical and technical security controls to ensure that the Government’s security requirements are met.

2. All Government furnished information must be protected to the degree and extent required by local rules, regulations, and procedures. The Contractor shall comply with all security policies contained in CBP Handbook 1400-05D, v.7.0, Information Systems Security Policies and Procedures Handbook, or latest available version.

3. All services provided under this contract must be compliant with the Department of Homeland Security (DHS) information security policy identified in DHS Sensitive Systems Policy Directive 4300A, v.13.1 and DHS Sensitive Systems Handbook 4300A, v.12.0, or latest available version.

4. All Contractor employees under this contract must wear identification access badges when working in Government facilities. Prior to Contractor employees’ departure/separation, all badges, building passes, parking permits, keys and pass cards must be given to the Contracting Officer’s Representative (COR). The COR will ensure that the cognizant Physical Security official is notified so that access to all buildings and facilities can be revoked. NOTE: For contracts within the National Capitol Region (NCR), the Office of Internal Affairs, Security Management Division (IA/SMD) should be notified if building access is revoked.

II.12 SECURITY PROCEDURES (CONTINUED) (APPLIES TO QUARTERMASTER SERVICES ONLY)

5. All Contractor employees must be registered in the Contractor Tracking System (CTS) database by the

Contracting Officer (CO) or COR. The Contractor shall provide timely start information to the CO/COR or designated government personnel to initiate the CTS registration. Other relevant information will also be needed for registration in the CTS database such as, but not limited to, the contractor’s legal name, address, brief job description, labor rate, Hash ID, schedule and contract specific information. The CO/COR or designated government personnel shall provide the Contractor with instructions for receipt of CTS registration information. Additionally, the CO/COR shall immediately notify IA/SMD of the contractor’s departure/separation.

6. The Contractor shall provide employee departure/separation date and reason for leaving to the CO/COR in accordance with CBP Directive 1210-007A, Tracking of Contractor Employees. Failure by the Contractor to provide timely notification of employee departure/separation in accordance with the contract requirements shall be documented and considered when government personnel completes a Contractor Performance Report (under Business Relations) or other performance related measures.

(b) Security Background Investigation Requirements

1. In accordance with DHS Instruction 121-01-007-01, Rev. 01, The Department of Homeland Security Personnel Security, Suitability and Fitness Program, Chapter 2, Personnel Security Program Standards, § 13. Citizenship Requirements, contractor employees who require access to sensitive information must be U.S. citizens or have Lawful Permanent Resident (LPR) status. § 13E. A waiver may be granted, as outlined in in Chapter 2, § 14 of DHS Instruction Handbook 121-01-007-01.

2. Contractor employees that require access to DHS IT systems or development, management, or maintenance of those systems must be U.S. citizens in accordance with Chapter 2, Personnel Security Program Standards, § 13. Citizenship Requirements. § 13F. (Lawful Permanent Resident status is not acceptable in this case). A waiver may be granted, as outlined in Chapter 2, § 14 of DHS Instruction 121- 01-007-01.

3. Provided the requirements of DHS Instruction Handbook 121-01-007-01 are met as outlined in paragraph 1, above, contractor employees requiring access to CBP facilities, sensitive information or information technology resources are required to have a favorably adjudicated background investigation (BI) or a single scope background investigation (SSBI) prior to commencing work on this contract. Exceptions shall be approved on a case-by-case basis with the employee’s access to facilities, systems, and information limited until the Contractor employee receives a favorably adjudicated BI or SSBI. A favorable adjudicated BI or SSBI shall include various aspects of a Contractor employee’s life, including employment, education, residences, police and court inquires, credit history, national agency checks, and a CBP Background Investigation Personal Interview (BIPI).

4. The Contractor shall submit within ten (10) working days after award of this contract a list containing the full name, social security number, place of birth (city and state), and date of birth of employee candidates who possess favorably adjudicated BI or SSBI that meets federal investigation standards.. For employee candidates needing a BI for this contract, the Contractor shall require the applicable employees to submit information and documentation requested by CBP to initiate the BI process.

5. Background Investigation information and documentation is usually submitted by completion of standard federal and agency forms such as Questionnaire for Public Trust and Selected Positions or Questionnaire for National Security Positions; Fingerprint Chart; Fair Credit Reporting Act (FCRA) form; Criminal History Request form; and Financial Disclosure form. These forms must be submitted to the designated CBP official identified in this contract. The designated CBP security official will review the information for completeness.

6. The estimated completion of a BI or SSBI is approximately sixty (60) to ninety (90) days from the date of receipt of the properly completed forms by CBP security office. During the term of this contract, the Contractor is required to provide the names of contractor employees who successfully complete the CBP BI or SSBI process. Failure of any contractor employee to obtain and maintain a favorably adjudicated BI or SSBI shall be cause for dismissal. For key personnel, the Contractor shall propose a qualified replacement employee candidate to the CO and COR within 30 days after being notified of an unsuccessful candidate or vacancy.

II.12 SECURITY PROCEDURES (CONTINUED) (APPLIES TO QUARTERMASTER SERVICES ONLY)

For all non-key personnel contractor employees, the Contractor shall propose a qualified replacement employee candidate to the COR within 30 days after being notified of an unsuccessful candidate or vacancy. The CO/COR shall approve or disapprove replacement employees. Continuous failure to provide contractor employees who meet CBP BI or SSBI requirements may be cause for termination of the contract.

(c) Security Responsibilities

1. The Contractor shall ensure that its employees follow the general procedures governing physical, environmental, and information security described in the various DHS CBP regulations identified in this clause. The contractor shall ensure that its employees apply proper business practices in accordance with the specifications, directives, and manuals required for conducting work under this contract. Applicable contractor personnel will be responsible for physical security of work areas and CBP furnished equipment issued under this contract.

2. The CO/COR may require the Contractor to prohibit its employees from working on this contract if continued employment becomes detrimental to the public’s interest for any reason including, but not limited to carelessness, insubordination, incompetence, or security concerns.

3. Work under this contract may require access to sensitive information as defined under Homeland Security Acquisition Regulation (HSAR) Clause 3052.204-71, Contractor Employee Access, included in the solicitation/contract. The Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the CO.

4. The Contractor shall ensure that its employees who are authorized access to sensitive information, receive training pertaining to protection and disclosure of sensitive information. The training shall be conducted during and after contract performance.

5. Upon completion of this contract, the Contractor shall return all sensitive information used in the performance of the contract to the CO/COR. The Contractor shall certify, in writing, that all sensitive and non-public information has been purged from any Contractor-owned system.

(d) Notification of Contractor Employee Changes

1. The Contractor shall notify the CO/COR via phone, facsimile, or electronic transmission, immediately after a personnel change become known or no later than five (5) business days prior to departure of the employee. Telephone notifications must be immediately followed up in writing. Contractor’s notification shall include, but is not limited to name changes, resignations, terminations, and reassignments to another contract.

2. The Contractor shall notify the CO/COR and program office (if applicable) in writing of any proposed change in access requirements for its employees at least fifteen (15) days, or thirty (30) days if a security clearance is to be obtained, in advance of the proposed change. The CO/COR will notify the Office of Information and Technology (OIT) Information Systems Security Branch (ISSB) of the proposed change. If a security clearance is required, the CO/COR will notify IA/SMD.

(d) Non-Disclosure Agreements

When determined to be appropriate, Contractor employees are required to execute a non-disclosure agreement (DHS Form 11000-6) as a condition to access sensitive but unclassified information.

II.13 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (APPLIES TO

QUARTERMASTER SERVICES AND WBURS AND KEY PERSONNEL ONLY)

(a) Contractors requiring recurring access to Government facilities or access to sensitive but unclassified information and/or logical access to Information Technology (IT) resources shall verify minimal fitness requirements for all persons/candidates designated for employment under any Department of Security (DHS) contract by pre-screening the person /candidate prior to submitting the name for consideration to work on the contract. Pre-screening the candidate ensures that minimum fitness requirements are considered and mitigates the burden of DHS having to conduct background investigations on objectionable candidates. The Contractor shall submit only those candidates that have not had a felony conviction within the past 36 months or illegal drug use within the past 12 months from the date of submission of their name as a candidate to perform work under this contract. Contractors are required to flow this requirement down to subcontractors.

Pre-screening involves contractors and subcontractors reviewing:

(1) Felony convictions within the past 36 months. An acceptable means of obtaining information on felony convictions is from public records, free of charge, or from the National Crime Information Center (NCIC).

(2) Illegal drug use within the past 12 months. An acceptable means of obtaining information related to drug use is through employee self-certification, by public records check; or if the contractor or subcontractor already has drug testing in place. There is no requirement for contractors and/or subcontractors to initiate a drug testing program if they do not have one already in place.

(3) Misconduct such as criminal activity on the job relating to fraud or theft within the past 12 months. An acceptable means of obtaining information related to misconduct is through employee self-certification, by public records check, or other reference checks conducted in the normal course of business.

(b) Pre-screening shall be conducted within 15 business days after contract award. This requirement shall be placed in all subcontracts if the subcontractor requires routine physical access, access to sensitive but unclassified information, and/or logical access to IT resources. Failure to comply with the pre-screening requirement will result in the Contracting Officer taking the appropriate remedy.

Definition: Logical Access means providing an authorized user the ability to access one or more computer system resources such as a workstation, network, application, or database through automated tools. A logical access control system (LACS) requires validation of an individual identity through some mechanism such as a personal identification number (PIN), card, username and password, biometric, or other token. The system has the capability to assign different access privileges to different persons depending on their roles and responsibilities in an organization.

II.14 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(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 Representatives (CORs), project managers, and/or contract specialists. The CPARS Assessing Officials (AOs) are the contracting officers (CO) or contract specialists (CS) who will sign the evaluation report and forward it to the contractor representative via CPARS for comments.

II.14 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (CONTINUED)

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 up to fourteen (14) days to submit written comments or a rebuttal statement. Within the first seven (7) calendar 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 fourteen (14) day comment period.

Any disagreement between the AO/CO and the contractor representative regarding the performance evaluation report will be referred to the Reviewing Official (RO) within the division/branch the AO is assigned.

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) Designated Contractor Representative

The contractor must identify a primary 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 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.

II.15 GOVERNMENT PROPERTY

The Contractor will be provided with the following items of property for performance of this contract, in accordance with the Government Property clause(s) contained herein.

Item Description Property ID Number Quantity Delivery Date

Keys/building access Frederick, MD 1 Set 14 days after contract award For locations with Artesia, NM 1 Set 14 days after contract award On-site operations. Glynco, GA 1 Set 14 days after contract award

II.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

www.acquisition.gov

FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

(MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014) ALTERNATE I (DEC 2007)

52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013)

(BALANCE OF PAGE INTENTIONALLY LEFT BLANK)

http://www.acquisition.gov/

II.16 CONTRACT CLAUSES – FULL TEXT (FAR/HSAR)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions))

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and other Covered Entities (Jul 2018) (Section 1634 of Pub.L. 115-91)

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L.108-77,108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (Pub. L. 110-252, Title VI, Chapter 1(41 U.S.C. 251 note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery And Reinvestment Act of 2009.)

X (4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) Reserved

(6) 52.204-14 Service Contract Act Reporting Requirements (Oct 2016) (Pub. L 111-117 section 743 of Div. C) X (7) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C) 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 (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018)(41 U.S.C. 2313).

(10) Reserved

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a)

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

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EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2019) (CONTINUED)

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011) of 52.219-6.

(ii) Alternate II (Nov 2011) of 52.219-6.

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(ii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

X (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

X (ii) Alternate II (Nov 2016) of 52.219-9.

(ii) Alternate III (Jan 2016) of 52.219-9.

(ii) Alternate IV (Aug 2018) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657 f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)(15 U.S.C.

632(a)(2)).

(23) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

X (30) (i) 52.222-36, Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

X (31) 52.222-37, Employment Records on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496)

(i) 52.222-50, Combating Trafficking in Persons (Jan 2019)(22 U.S.C. 78) and E.O. 13627).

X (33)

(ii) Alternate I (Mar 2015) of 52.222-50 (22 chapter 78 and EO 13627).

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X (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.233-11, Ozone-Depleting Substances and High Global Warning Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(37) 52.233-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693)

(38) (i) 52.223-13 Acquisition of EPEAT® Registered Imaging Equipment (June 2016) (E.O.

13423 and 13514)

(ii) Alternate I (OCT 2015) of 52.223-13.

(39) (i) 52.213-14 Acquisition of EPEAT ® Registered Televisions (Jun 2014) (E.O.13423 and

13514)

(ii) Alternate I (OCT 2015) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41) (i) 52.223-16, Acquisition of EPEAT® - Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

(ii) Alternate I (JUNE 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

(E.O. (13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

X (45) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a) ____ (ii) Alternate I (JAN 2017) of 52.224-3. See 52.224-3 Alternate I (Deviation), below.

(46) 52.225-1, Buy American Act—Supplies (May 2014) (41 U.S.C. 10a-10d).

(47) (i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2014)

41 U.S.C. Chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (MAY 2014) of 52.225-3.

X (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-26, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal year 2008; 10 U.S.C. 2302 Note).

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(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer – Systems for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer – Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a) X (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (ii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 134495).* X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. 351 Chapter 67).*

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. Chapter 67).

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple

Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).*

(5) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (May 2014) (29 U.S.C. 206).

(6) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain —Requirements (May 2014) (41 351, et seq.).

(7) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services – Requirements (May 2014).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(E.O. 13658).* X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).*

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

(42 U.S.C. 1792).

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