A0001-TARS3 RFP and PWS-FE.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

PAGE OF PAGES

3. EFF. DATE 5. PROJECT NO. (If applicable)2. AMENDMENT/MODIFICATION NO.

7. ADMINISTERED BY (If other than Item 6) CODE

FACILITY CODECODE

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR(Number, street, county, State & Zip Code)

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

1. CONTRACT ID CODE

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES Such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 (b).

E. IMPORTANT: Contractor

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) copies to issuing office.

4. REQUISITION/PURCHASE REQ. NO.

A0001 06/27/2022 0020132164

DHS - Customs & Border Protection

Air and Marine Contracting Division 1300 Pennsylvania Ave, NW

Procurement Directorate - NP 1310 Washington DC 20229

DHS - Customs & Border Protection

Air and Marine Contracting Division

1300 Pennsylvania Ave, NW

Procurement Directorate - NP 1310

Washington DC 20229

70B02C22R00000064

06/02/2022

N/A

1 1 is required to sign this document and return is not

PREVIOUS EDITION UNUSABLE STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA 16C. DATE

SIGNED

15B. CONTRACTOR/OFFEROR 15C. DATE

SIGNED

BY

(Signature of Contracting Officer)(Signature of person authorized to sign)

15A NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Kimberly W. Ware Contracting Officer

RFP 70B02C22R00000064 - A0001

This amendment includes the government responses to the RFP questions, the updated RFP and PWS, and Appendix B-CDRL.

Attached is Appendix M-Wage Determinations.

Proposal Due Date: July 8, 2022, 1 P.M. ET.

All other terms and conditions remain unchanged.

X 1

COVER PAGE

DEPT. OF HOMELAND SECURITY

CUSTOMS AND BORDER

PROTECTION

TETHERED AEROSTAT RADAR

SYSTEM (TARS)

Request for Proposal

70B02C22R00000064

Release Date: June 2, 2022

Thru Amendment A0001

REQUEST FOR PROPOSAL

THE TETHERED AEROSTAT RADAR SYSTEM (TARS)

Notice: In accordance with the Homeland Security Acquisition Manual (HSAM) 3032.703-70 “Issuing a Solicitation before funding is made available”, this solicitation is being released prior to funds being available. However, in accordance with agency procedures, there is a reasonable expectation that the requirement will be funded prior to award.

SOLICITATION, OFFER, AND AWARD

1. THISCONTRACT ISARATED ORDER

UNDER DPAS (15 CFR700)

RATING PAGEOFPAGES

1 of

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

70B02C22R00000064

4. TYPEOFSOLICITATION

SEALEDBID (IFB)

NEGOTIATED(RFP)

5. DATEISSUED

04/30/2019

6. REQUISITION/PURCH ASE NUMBER

7. ISSUEDBY CODE 8. ADDRESS OFFER TO (if other than item 7)

DHS

Customs & Border Protection

1901 South Bell Street

DHS - Customs & Border Protection Department of Homeland Security 1331 Pennsylvania Ave, NW Procurement Directorate - 13th Floor

Arlington VA 20598 NP 1355N, Mail Stop 1107

Washington, DC 20229

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8,or if hand carried, in the depository located in SEE SECTION L until July 8,2022 1:00 P.M.EDT

(City) (Hour) (Date)

CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FORINFORMATION

CALL:

A. NAME:

Kimberly Ware

B. TELEPHONE (NO COLLECT CALLS) C. EMAIL ADDRESS

kimberly.w.ware@cbp.dhs.gov

11. TABLEOFCONTENTS

(X) SEC. DESCRIPTION PAGE (S) (X) SEC. DESCRIPTION PAGE (S)

PART I - THE SCHEDULE PART II- CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS. /WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE

X G CONTRACT ADMINISTRATION DATA X L INSTRS., CONDS., AND NOTICES TO OFFERORS

X H SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNTFORPROMPTPAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A.

NAME

CODE FACILITYCODE 16. NAMEAND TITLEOFPERSON AUTHORIZED

TOSIGNOFFER (Type or print)

AND

ADDRESS

OF

OFFEROR

15B. TELEPHONENO. (Include area code) 15C. CHECKIFREMITTANCEADDRESSISDIFFERENTFROM

ABOVE-ENTERSUCH ADDRESSINSCHEDULE

17. SIGNATURE 18. OFFERDATE

AWARD (To be completed by Government)

19. ACCEPTED ASTOITEMSNUMBERED 20. AMOUNT 21. ACCOUNTINGAND APPROPRIATION INFORMATION

22. AUTHORITYFORUSINGOTHERTHANFULL AND OPENCOMPETITION:

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 3304 (a) ( ) 23. SUBMIT INVOICESTO ADDRESSSHOWN IN

(4 copies unless otherwise specified)

ITEM

24. A DM INISTEREDBY (If other than item 7) CODE 25. PAYMENTWILLBEMADEBY CODE mailto:kimberly.w.ware@cbp.dhs.gov

U

AUTHORIZEDFORLOCALREPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA-FAR (48 CFR) 53.214 (c)

26. NAMEOFCONTRACTINGOFFICER (Type or print) 27.

NITEDSTATESOF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

SECTION B SUPPLIES OR SERVICES & PRICES OR COSTS

B.1 SCHEDULE OF SUPPLIES/SERVICES

B.2 Base Period: <Insert dates for 2 months for transition and 10 month for operations>

CLIN

Supplies/Services

QT

Y

Unit Unit Price Total Price Contract

Type

0001 Aerostat Program Office Management

Total Price= $ <insert proposed price>

The contractor shall furnish all personnel, supervision, and other items necessary for an office to Manage the Tethered Aerostat Radar

System (TARS) program.

Services to be performed as specified in the TARS PWS and in accordance with Section H of this contract.

10 MO FFP

0002 TARS Materials & Spares (CR Only - No Fee)

On Demand Material and Spares necessary to perform Operations and

Maintenance (O&M) of the Tethered Aerostat Radar System (TARS)

(FOR EVALUATION PURPOSE)

Total “Not-To-Exceed” Amount

= $Material Cost $5,000,000 +

Handling Rate_<insert proposed

1 Lot CR

0003 TARS Flight Operations – (CONUS) Total = <insert proposed price>

The contractor shall furnish all personnel and supervision and items necessary (limited materials) to perform Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to provide Quality Surveillance Flights Hours at each of the seven

(7) Contiguous United States (CONUS) TARS sites.

Services to be performed as specified in the TARS PWS and in accordance with Section H of this contract

10. Month FFP

0004 Performance-Based Fee (PBF) for the TARS Flight Operations – (CONUS) Estimated hours = 36,000 QSFH at $35.00 per QSFH = $1,260,000.00 (The Estimated total PBF available)

The amount of the Quarterly PBF payments shall be determined in accordance with the terms as set forth in Special Provisions H.29 Note: The first quarter of the base period = Transition Period + first month of operations

Services to be performed as specified in the TARS PWS and in accordance with Section H of this contract.

QTR

FFP

0005 TARS Flight Operations at Lajas Total = <insert proposed price> supervision, and items necessary to perform Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to provide Quality Surveillance Flights Hours at the TARS site located at Lajas, Puerto Rico.

of this contract.

10 MO FFP

0006 Performance-Based Fee (PBF) for the TARS Flight Operations at Lajas

Estimated hours = 6,000 MOA hour at $25 per MOA hour = $150,000.00 (The

The amount of the Quarterly PBF payments shall be determined in accordance with the terms as set forth in Special Provisions H.29

Note: The first quarter of the base period =

Transition Period + first month of operations

TARS PWS and in accordance with Section H of this contract.

0007 TARS Materials & Spares (CR Only - No Fee)

On Demand Spare Assets, Material, and Ancillary

Services (includes travel and ODC) necessary to perform Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS)

Lajas site that are not already included in the firm fixed price of this contract

Total “Not-To-Exceed” Amount = $ Material

Cost $1,000,000 + Handling Rate

<Insert proposed _ %>

1 Lot CR

0008 Special Projects - (FFP)

Services required to provide additional essential severable work not identified by other CLINs.

Special Project Work Requests shall be separately negotiated at Firm Fixed Price Basis

This CLIN is based on future project work and availability of funds

1 Lot TBD FFP

0009 Special Projects (CR)

Services required to provide additional essential work not identified by other CLINs.

"Special Directed Projects" shall be separately negotiated either inclusive or exclusive of fee.

CPFF: Not-to-Exceed $ <TBD>

1 Lot TBD CR

0010 Mission Data Operations (FFP)

Total = <insert proposed price>

The contractor shall furnish all personnel, supervision, and items necessary to operating and maintaining the information systems and processes for the TARS radar data network (TRDN) IAW with PWS Section 6

10 MO FFP

0011 60 Day Transition Period to start from the date of award. (FFP)

Price= $ <insert proposed price>

The contractor shall furnish all personnel, supervision, and items necessary to perform IAW the Transition Plan as set forth at Appendix K and to assume full Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) at the end of the Transition Period

1 lot FFP

Option Period 1: <Insert dates 12 month after end of base period >

QTY

Type

1001 Aerostat Program Office Management in accordance with Section H of this contract.

12 MO FFP

1002 TARS Materials & Spares (CR Only - No Fee)

= $Material Cost $5,000,000 +

Handling Rate_<insert proposed

1 LOT CR

1003 TARS Flight Operations – (CONUS) materials) to perform Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to provide Quality Surveillance Flights Hours at each of the seven

(7) Contiguous United States (CONUS) TARS sites.

Services to be performed as specified in the TARS PWS and in accordance with Section H of this contract

12. Month FFP

1004 Performance-Based Fee (PBF) terms as set forth in Special Provisions H.29

Services to be performed as specified in the TARS PWS and in accordance with Section H of this contract.

1005 TARS Flight Operations at Lajas Total =

Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to of this contract.

12. MO FFP

1006 Performance-Based Fee (PBF) for the TARS Flight Operations at Lajas

Estimated hours = 6,000 MOA hour forth in Special Provisions H.29

1007 TARS Materials & Spares (CR Only - No Fee) perform Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS)

Cost $1,000,000 + Handling Rate

<Insert proposed _ %>

1 Lot CR

1008 Special Projects - (FFP)

1 Lot TBD FFP

1009 Special Projects (CR)

Services required to provide additional essential work not identified by other CLINs.

1 Lot TBD CR

1010 Mission Data Operations (FFP)

Total = <insert proposed price>

The contractor shall furnish all personnel, supervision, and items necessary to operating and maintaining the information systems and processes for the TARS radar data network (TRDN) IAW with PWS Section 6

Option Period 2: <Insert dates 12 month after Period 1 >

Type

2001 Aerostat Program Office Management in accordance with Section H of this contract.

2002 TARS Materials & Spares (CR Only - No Fee)

= $Material Cost $5,000,000 + Handling Rate_<insert proposed

1 LOT CR

2003 TARS Flight Operations – (CONUS) materials) to perform Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to provide Quality Surveillance Flights Hours at each of the seven

(7) Contiguous United States (CONUS) TARS sites.

Services to be performed as specified in the TARS PWS and in accordance with Section H of this contract

2004 Performance-Based Fee (PBF)

2005 TARS Flight Operations at Lajas Total =

Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to of this contract.

12. MO FFP

2006 Performance-Based Fee (PBF) for the TARS Flight Operations at Lajas

Estimated hours = 6,000 MOA hour

2007 TARS Materials & Spares (CR Only - No Fee) perform Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS)

Cost $1,000,000 + Handling Rate

2008 Special Projects - (FFP)

1 Lot TBD FFP

2009 Special Projects (CR)

Services required to provide additional essential work not identified by other CLINs.

1 Lot TBD CR

2010 Mission Data Operations (FFP)

Total = <insert proposed price>

The contractor shall furnish all personnel, supervision, and items necessary to operating and maintaining the information systems and processes for the TARS radar data network

Option Period 3: <Insert dates 12 month after Period 2 >

Type

3001 Aerostat Program Office Management in accordance with Section H of this contract.

3002 TARS Materials & Spares (CR Only - No Fee)

= $Material Cost $5,000,000 + Handling Rate_<insert proposed > %

1 LOT CR

3003 TARS Flight Operations – (CONUS) materials) to perform Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to provide Quality Surveillance Flights Hours at each of the seven

(7) Contiguous United States (CONUS) TARS sites.

Services to be performed as specified in the TARS PWS and in accordance with Section H of this contract

3004 Performance-Based Fee (PBF) at $35.00 per QSFH = $1,260,000.00 (The Estimated total PBF available)

The amount of the Quarterly PBF payments

Services to be performed as specified in the TARS PWS and in accordance with Section H of this contract.

3005 TARS Flight Operations at Lajas Total =

Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to of this contract.

12. MO FFP

3006 Performance-Based Fee (PBF) for the TARS Flight Operations at Lajas

Estimated hours = 6,000 MOA hour

3007 TARS Materials & Spares (CR Only - No Fee)

On Demand Spare Assets, Material, and

Ancillary Services (includes travel and ODC) necessary to perform Operations and

Maintenance (O&M) of the Tethered Aerostat

Radar System (TARS) Lajas site that are not already included in the firm fixed price of this contract

Cost $1,000,000 + Handling Rate

3008 Special Projects - (FFP)

Special Project Work Requests shall be separately negotiated at Firm Fixed Price Basis

1 Lot TBD FFP

3009 Special Projects (CR)

Services required to provide additional essential work not identified by other CLINs.

1 Lot TBD CR

3010 Mission Data Operations (FFP)

Total = <insert proposed price>

The contractor shall furnish all personnel, supervision, and items necessary to operating and maintaining the information systems and processes for the TARS radar data network

Option Period 4: <Insert dates 12 month after Period 3 >

Unit Unit Price Total

Price

Type

4001 Aerostat Program Office Management in accordance with Section H of this contract.

4002 TARS Materials & Spares (CR Only - No Fee)

= $Material Cost $5,000,000 + Handling Rate_<insert proposed

1 LOT CR

4003 TARS Flight Operations – (CONUS) materials) to perform Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to provide Quality Surveillance Flights Hours at each of the seven

(7) Contiguous United States (CONUS) TARS sites.

Services to be performed as specified in the TARS PWS and in accordance with Section H of this contract

4004 Performance-Based Fee (PBF) at $35.00 per QSFH = $1,260,000.00 (The Estimated total PBF available)

The amount of the Quarterly PBF payments

4005 TARS Flight Operations at Lajas Total =

Operations and Maintenance (O&M) of the Tethered Aerostat Radar System (TARS) to of this contract.

12. MO FFP

4006 Performance-Based Fee (PBF) for the TARS Flight Operations at Lajas

Estimated hours = 6,000 MOA hour

4007 TARS Materials & Spares (CR Only - No Fee)

On Demand Spare Assets, Material, and

Ancillary Services (includes travel and ODC) necessary to perform Operations and

Maintenance (O&M) of the Tethered Aerostat

Radar System (TARS) Lajas site that are not already included in the firm fixed price of this contract

Cost $1,000,000 + Handling Rate

4008 Special Projects - (FFP)

Special Project Work Requests shall be separately negotiated at Firm Fixed Price Basis

1 Lot TBD FFP

4009 Special Projects (CR)

Services required to provide additional essential work not identified by other CLINs.

1 Lot TBD CR

4010 Mission Data Operations (FFP)

Total = <insert proposed price>

The contractor shall furnish all personnel, supervision, and items necessary to operating and maintaining the information systems and processes for the TARS radar data network

B.1 CONTRACT TYPE (OCT 2008)

This is a contract consisting of Firm Fixed Price (FFP) and Cost Reimbursement Contract Line Items (CLINs).

[End of Clause]

SECTION C SPECIFICATIONS/SOW/PWS/ORD

C.1 SPECIFICATIONS, STATEMENT OF WORK, STATEMENT OF OBJECTIVES OR PERFORMANCE

WORK STATEMENT ATTACHED (JUN 2013)

See Section J Attachment 1 Performance Work Statement (PWS).

[END OF SECTION C]

SECTION D PACKAGING & MARKING

D.1 PRESERVATION, PACKAGING, AND PACKING

All materials shipped or mailed under this contract shall be afforded the degree of preservation, packaging, and packing required to prevent deterioration and damage due to the hazards to which they may be subjected during shipment, handling, and storage. All preservation, packaging, and packing for shipment or mailing shall be in accordance with good commercial practice and adequate to ensure acceptance by common carrier and safe transportation at the most economical rate(s). Materials and equipment shall be packaged in accordance with the Contractor's standard commercial practice to the degree required to prevent deterioration and damages due to the hazards of shipment, handling and storage. Packages shall be adequately marked to ensure delivery to proper destinations without delay and furnish notice of the existence of a warranty. A packing list will accompany each shipment.

D.2 DELIVERABLES MARKING

At a minimum, each shipping container shall be plainly and indelibly marked to show the following:

(a) Consignee

(b) Contract number

(c) A brief description of the items

(d) Quantity

(e) Contractor's name

(f) Any other markings that may be given to the Contractor prior to delivery.

D.3 3052.247-72 F.O.B. DESTINATION ONLY (DEC 2003)

Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other basis will be rejected as nonresponsive.

(End of Provision)

D.4 52.247-34 F.O.B. DESTINATION (NOV 1991)

D.5 52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY (JUN 2003)

[END OF SECTION D]

SECTION E INSPECTION & ACCEPTANCE

E.1 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/these address(es):

www.acquisition.gov

I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES—FIXED PRICE AUG 1996

52.246-5 INSPECTION OF SERVICES—COST REIMBURSEMENT APR 1984

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-15 CERTIFICATE OF CONFORMANCE APR 1984

[End of Clauses]

CLAUSES INCORPORATED BY FULL TEXT

E.2 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

ANSI/ISO/ASQ 9001:2000 Quality Management System Requirements and ANSI/ISO/ASQ 9004:2000 Quality

Management Systems---Guidelines for Performance Improvements

Note: More recent certifications to the standards list shall be accepted as compliance to the requirement

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in—

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require—

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

E.3 TECHNICAL DIRECTION

1. Technical direction under this contract will be given to the Contractor by the TARS PM or the COR. Technical direction is defined as the process by which the contractor receives guidance and approval for his technical effort as it relates to an element of work solely within the existing requirements of the contract, or as a result of a technical review of the Contractor’s work by CBP OAM.

2. Notwithstanding any of the terms contained herein or elsewhere in this contract, only the Contracting Officer is authorized to direct the Contractor in any manner changing the requirements of the contract. Such redirection or modification of contract terms shall be accomplished by issuance of change orders or supplemental agreements to this http://www.acquisition.gov/

Contract signed by the Contracting Officer. If the Contractor believes technical direction given involves a change in contractual requirements, he will immediately notify the Contracting Officer.

[END OF SECTION E]

SECTION F DELIVERIES OR PERFORMANCE

F.1 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

F.2 52.242-14 SUSPENSION OF WORK (APR 1984)

F.3 52.232.-32 PERFORMANCE-BASED PAYMENTS (Apr 2012)

F.4 52.242-15 STOP-WORK ORDER (AUG 1989)

F.5 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the

Contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details. This data shall be informational only in character and this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.6 DELIVERABLES

In accordance with CDRL PWS Attachment 1A.

F.7 TERM OF CONTRACT (MARCH 2003)

The term of this contract is for a Transition Period of 60 days one (1) 10-month base period, four one-year options and a 6-monthoption as set forth in 52.217-8 OPTION TO EXTEND SERVICES

Transition Period Award through 60 days

Base Period End of Transition Period through 10 months

Option Period 1 End of Base Period through 12 months Option Period 2 End of Option Period 1 through 12-month

Option Period 3 End of Option Period 2 through 12-month

Option Period 4 End of Option Period 3 through 12 month

[END OF SECTION F]

SECTION G CONTRACT ADMINISTRATION DATA

G.1 POINTS OF CONTACT UNDER THIS CONTRACT

Contracting Officer: Provided at time of contract award

DHS/U.S. Customs and Border Protection Office of Administration/Procurement Directorate

1331 Pennsylvania Ave.

NP 1355N

Washington, DC 20229

Email: Provided at time of contract award Telephone: Provided at time of contract award

Contract Specialist: Kim Ware

Office of Administration/Procurement Directorate

1331 Pennsylvania Ave.

NP 1355N

Washington, DC 20229

Email: Provided at time of contract award

Telephone: Provided at time of contract award

Contracting Officer Representative (fill in at time of award): TBD

Email: TBD

Telephone: TBD

G.2 3052.242-72 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Representative

(COR) 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 COR under the contract.

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

(End of Clause)

G.3 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 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.

G.4 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]:

-N/A

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.

[END OF SECTION G]

http://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 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.2 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the

Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002

(Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII

Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, "Policies and Procedures of Safeguarding and Control of SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant

Secretary for the Transportation Security Administration or his/her designee).

(3) Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the

Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer.

For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(g) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the

Contracting Officer’s Representative (COR) will arrange and complete any nondisclosure agreement furnished by

DHS.

(h) The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

(i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the

Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE).

(j) Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

(k) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department’s Chief Security Officer (CSO) and the Chief

Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

(1) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and

(2) The waiver must be in the best interest of the Government.

(l) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

Alternate I (SEP 2012) When the contract will require Contractor employees to have access to Information Technology (IT) resources, add the following paragraphs:

(g) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the

Contracting Officer's Technical Representative (COTR) will arrange and complete any nondisclosure agreement furnished by DHS.

(h) The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

(i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the

Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE).

(j) Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

(k) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department's Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

(1) There must be a compelling reason for using this individual as opposed to a U.S. citizen; and

(2) The waiver must be in the best interest of the Government.

(l) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the Contracting Officer.

(End of clause)

H.3 SECURITY PROCEDURES (APR 2019)

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, Information Systems Security Policies and Procedures Handbook.

3. All services provided under this contract must be compliant with the Department of Homeland Security

(DHS) information security policy identified in DHS Management Directive (MD) 140-01, Information Technology Security Program and DHS 4300A, version 12, Sensitive Systems Handbook.

4. All Contractor employees under this contract must wear identification access badges when working in CBP 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.

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, and 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 Interim Policy Letter (IPL) 2021-09-575, Access Controls for User Separation. 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 complete a Contractor Performance Report (under Business Relations) or other performance related measures.

B. Security Background Investigation Requirements

1. In accordance with DHS Instruction Manual 121-01-007, Revision 01, DHS Personnel Security, Suitability and

Fitness Programs, contractor employees who require access to sensitive information must be U.S. citizens or have

Lawful Permanent Resident (LPR) status. A waiver may be granted, as outlined in DHS Instruction Manual 121- 01-007, Chapter 2.14

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 DHS Instruction Manual 121-01-007 Chapter 2.13.

3. Provided the requirements of DHS Instruction Manual 121-01-007 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. 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.

E. 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.

H.4 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (SEP 2011)

1. 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:

a. 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).

b. Illegal drug use within the…