70CTD02R0000002_DRAFT Solicitation_011922.pdf

Solicitation Number: 70CTD022R00000002 P a g e | 1

FEDERAL ACQUISITION REGULATION (FAR) Subpart 12.6

COMBINED SYNOPSIS/SOLICITATION NOTICE

In accordance with (IAW) Federal Acquisition Regulation (FAR) subpart 12.603, Streamlined Solicitation for Commercial Items, Combined Synopsis/Solicitation Procedures, shall be utilized in support of the subject solicitation. As such the following synopsis information as required by FAR subpart 5.207 Preparation and transmittal of synopses is hereby provided to include detail required by aforementioned FAR subpart 12.603.

(1) Action Code: Not Applicable

(2) Date: January XX, 2022

(3) Year: 2022

(4) Contracting Office ZIP Code: 20528 115

(5) Product or Service Code: DA01

(6) Contracting Office Address: Immigrations and Customs Enforcement

500 12th Street SW, mail stop 5750 Washington DC 20536

(7) Subject: Immigrations and Customs Enforcement, Scalable Ways to Initiate Flexible Tasks

(SWIFT)

(8) Proposed Solicitation Numb r: 70CTD022R00000002

(9) Closing Response Date: Phase I Proposal – TBD, 2022 Phase II Proposal – TBD, 2022

(10) Contact Point or Contracting Officer: Cristina Williams Email: Cristina Williams@ice.dhs.gov

(11) Contract Award and Solicitation Number: Solicitation Number: 70CTD022R00000002

Award Numbers: TBD

(12) Contract Award Dollar Amount: See Section B for Ordering Periods

Minimum Dollar Guarantee and Maximum Contract Limitation

DRAFT

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(13) Line Item Number: A schedule of supplies and services is represented within the solicitation document reference Section B, to include solicitation Attachment J-1, Pricing Schedule Template.

(14) Contract Award Date: TBD

(15) Contractor: TBD

(16) Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation is hereby issued as a part of this notice.

Solicita ion 70CTD022R00000002 is issued as a Reque t for Proposal (RFP) where provisions 52 212-1, 52.212.2, 52.212-3, 52 212-4, and 52.212-5 applies.

(17) Place of Contract Performance: The place of performance is represented within solicitation document reference Section F.

(18) Set-aside Status: Solicitation 70CTD022R00000002 is being released as full and open.

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The Government will be using innovative procurement techniques for this award in order to maximize competition. Only one solicitation will be issued for the total requirement, however, the Government will be evaluating the domains separately and intends to award up to eight, IDIQ contracts as detailed below:

Two IDIQ contract awards for Hyper automation domain; two IDIQ contract awards for PaaS two IDIQ contract awards for Visualization and two IDIQ contract awards for Collaborative Services.

Each domain would have its own technical rating. During technical demonstrations/oral presentations, each vendor will present whichever tasks they are competing for: Hyper automation, PaaS, Visualization or Collaborative Services.

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SWIFT SOLICITATION

COVER PAGE

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SECTION A: SOLICITATION/CONTRACT FORM

A. 1 Solicitation/Contract Form

This solicitation and resulting IDIQs are issued on a Standard Form 1449.

SECTION B: SUPPLIES OR SERVICES AND PRICES/COST

B.1 BACKGROUND

This SWIFT solicitation shall establish a eight, individual, Multiple Award (MA), Indefinite Delivery/Indefinite Quantity (IDIQ) contracts that encompass a variety of services related to platform as a service (PaaS), hyper automation, collaborative services, and Visualization.

Immigrations and Customs Enforcement (ICE) intends to award multiple Indefinite Delivery, Indefinite Quantity (IDIQ) contracts from this solicitation for commercial items under Federal Acquisition Regulation (FAR) Part 12 (Acquisition of Commercial Items) using the source selection procedures of FAR 15 (Contracting by Negotiation). ICE anticipates awarding multiple IDIQ contracts for IT Value Added Resellers under NAICS 541519.

Ordering under multiple award contracts will be based upon t e fair opportunity procedures of FAR 16.505(b).

SWIFT is available for use to ICE and on a case-by-c se basis, approval may be granted to other DHS components by the ICE SWIFT Contracting office and SWIFT Program Manager (PM).

DHS components, outside of ICE, shall not use SW FT until written approval is obtained from the SWIFT CO and the SWIFT PM.

The contractor shall provide services descr bed in attachment J-2 Performance Work Statement.

B.1.1 MINIMUM GUARANTEE AND MAXIMUM DOLLAR CEILING (MASTER

CONTRACT)

(a) The minimum guarantee is $2,500 for each IDIQ awarded in each Domain that does not obtain a task order award during the five-year ordering period.

(b) The total value of all task orders awarded under the IDIQs shall not exceed $340,000,000.00.

(c) The Government has no obligation to issue Orders to the Contractor beyond the amount specified in paragraph (a) of this section. Once the conditions of paragraph (a) have been met, the Contractor will continue to have the opportunity to be issued Orders.

B.1.2 MINIMUM DOLLAR LIMITATION AND MAXIMUM DOLLAR CEILING

(TASK ORDER)

(a) The minimum dollar limitation for an individual task order shall be equal to or greater than the simplified acquisition threshold as defined in FAR 2.101, including the total value of the base period and all option periods combined.

(b) There is $340,000,000.00 maximum dollar ceiling for an individual task order. An unlimited number of task orders may be placed during the Master Contract’s ordering period. The cumulative dollar ceiling value for all IDIQs resulting from this solicitation is $340,000,000.00.

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B.2 PRICING

The Government provided Pricing Schedule, Attachment J-1, will represent the Contract Line Item Number (CLIN) structure within Section B of the awarded IDIQ contracts.

B.3 TASK ORDER CONTRACT TYPES

(a) The types of Task Orders issued against this IDIQ contract may be Firm-Fixed-Price (FFP), Labor Hour (LH), Time and Materials (T&M), or any combination thereof in accordance with Federal Acquisition Regulation (FAR) Part 16.5 “Indefinite-Delivery Contracts” and as set forth in Section G “Contract Administration Data” and Section I “Contract Clauses.”

(b) When applicable to the requirement, task orders may combine more than one contract type and include option periods, and performance-based procedures.

(c) Ordering Contracting Officers (OCOs) should identify the contract type(s).

(d) Indefinite-Delivery, Indefinite-Quantity (IDIQ) Contracts, Blanket Purchase Agreements (BPAs), and Letter Contracts are not permissible Task Order types.

(d) All Task Orders shall be priced in accordance with the pricing set forth in the Government provided Pricing Schedule, Attachment J-1. These CLINs specify pricing for each of the services, and deliverables within the scope described in the Performance Work Statement.

(e) Terms and conditions, clauses, and provisions should be appropriate to the contract type(s).

B.3.1 FIXED PRICE

The various Fixed Price contract types are defined under Federal Acquisition Regulation (FAR) Subpart 16.2, Fixed-Price Contracts, a d other applicable regulatory supplements.

B.3.2 T&M AND LH

T&M and LH contract types are defin d under FAR Subpart 16.6, T&M and LH Contracts, and other regulatory supplements.

The contractor shall maintain an approved accounting system, as approved by the cognizant ACO of the DCMA or other Cognizant Federal Agency (CFA) and validated by the SWIFT CO, to permit timely and accurate development of all necessary cost data in the format required by the proposed T&M or LH contract type.

B.4 TASK ORDER PRICES

This is an Indefinite Quantity contract as contemplated by FAR 16.504.

a. The prices set forth will cover the basic DIQ and task orders placed under the basic IDIQs.

b. The Government will issue Task Orders based on the work described in Section C of this contract and the schedules set forth in Section J, Attachment J.1.

c. The price schedules set forth in Section J, Attachment J.1 Pricing Spreadsheet, contain hourly labor rates for each year of the contract for work to be performed. These price schedules can be

Solicitation Number: 70CTD022R00000002 P a g e | 7 used on Firm Fixed Price, Time and Materials, and Labor-Hour type task orders (See FAR 52.232-7, Payments under Time- and-Materials and Labor-Hour Contracts for a definition of these rates).

The hourly rates are ceiling price rates and Contractors may, at their discretion, elect to propose lower hourly rates when responding to a request for a task order proposal.

d. Factors such as complexity of work, geographic locations and security clearances authorize COs to negotiate Labor Rates suited to meet their specific task order requirements.

Contractors shall explain in their task order proposals any Labor Rates that exceed the rates in the basic IDIQ or for new proposed labor categories, and the OCO will determine the reasonableness of the pricing as defined in FAR 15.4, Pricing and FAR 16.601 Time and Materials Contracts. Upon request of the CO, the Contractor will be required to provide supporting documentation for such rates, which may include a cost element breakdown of each Loaded Hourly Labor Rate (including profit) in accordance with the Contractor’s cost accounting system, as well as any other supporting information the CO deems necessary.

B.4.1 REQUIREMENTS FOR LABOR UNDER T&M AND LH TASK ORDERS

a. When preparing solicitations for T&M and/or LH sk orders, the CO shall incorporate the following provisions in the task order solicitati n

1) FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements— Commercial Item Acquisition

b. T&M and LH task orders require labor categ ries and their associated rates to be identified in the task order award document T&M and LH task orders with subcontracts that do not specify a labor category in the task order shall b proposed and awarded as Materials in accordance with FAR 52.232-7, Payments unde Time- nd-Materials and Labor-Hour Contracts.

B.5 TASK ORDER PRICING/COSTS

Because services are diverse within the scope of the basic IDIQ, the basic IDIQ provides the ordering contracting officer (OCO) the flexibility and authority to determine fair and reasonable pricing tailored to the individual task order requirement, including the task order statement of work or objectives, risks, uncertainties, complexity, urgency, contract type, and competition.

Accordingly, the basic IDIQ does not predetermine cost and price reasonableness or fair and reasonable labor rates for services performed at the task order level.

The basic IDIQ does not establish prices for any supply or service at the task order level;

therefore, the OCO shall establish cost and price reasonableness for each task order using the policies and methods in FAR Subpart 15.4, internal policies, and other applicable regulatory supplements.

Unless otherwise directed by task order terms and conditions, the contractor may apply indirect costs to labor and other costs consistent with the contractor’s DCMA or other Cognizant Federal Agency (CFA) approved accounting system.

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B.6 LABOR CATEGORIES

The labor categories referenced in Prices/Costs and included as Attachment J.1, represent the Government’s best estimate of the kinds of personnel required for successful performance of Task Orders that may be awarded under this contract. The Government recognizes that the inventory of data processing and/or information systems, technologies, methodologies and processes range from obsolescent to near state-of-the-art, and that the technology presently being introduced into the information technology marketplace is revolutionary rather than evolutionary. The ability of the Contractor to respond to new technologies, methodologies, and processes are both necessary and appropriate.

B.6.1 UNIQUE PROFESSIONAL SKILLS – TASK ORDER LEVEL

Certain labor categories that are not defined in the labor categories referenced in the pricing Schedule and included in Attachment J.1, may be required under specific task orders. Unique professional skills are defined as those bona fide executive, professional, or administrative skills for which the expertise required, or duties performed are within the contract’s scope, but are so specialized or rare that they are not explicitly defined in any of the labor categories set forth in Attachment J.1. A Contractor may propose a new or different skill level category at the task order level providing detailed justification for the new/different skill level category. The OCO will determine whether circumstances warrant the use of unique professional skills. The additional CLINs or labor categories and rates shall apply to that specific Task Order only.

B.7 NON-PERSONAL SERVICES

Non-Personal Services Pursuant to FAR 37 1, no personal services shall be performed under any task orders issued under this contract. All work requirements shall flow only from the agency OCO’s Technical Representativ t the Contractor's Project Manager. No Contractor employee will be directly supervised by the Gov rnment. All individual employee assignments, and daily work direction, shall be given y the applicable employee supervisor. If the Contractor believes any Government communication as been given or action taken that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the OCO of this communication or action.

B.8 TRAVEL

Contractor personnel may be required to travel to support the requirements of this contract and as stated in individual Task Orders. The Contractor shall, to the maximum extent practicable, minimize overall travel costs by taking advantage of discounted airfare rates available through advance purchase. Charges associated with itinerary changes, and cancellations under nonrefundable airline tickets are reimbursable as long as the changes are driven by the work requirement.

All travel will be reimbursed at cost in accordance with the Federal Travel Regulations (FTR).

The Contractor shall seek written Government approval (Contracting Officer (CO) or Contracting Officer Representative (COR)) at least two weeks in advance, prior to incurring any costs associated with non-local travel.

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The Contractor shall use the federal lodging and per diem allowances in accordance with FAR subpart 31.205-46 and the applicable FTR governing the travel performed directly referable to this contract. The Government will not reimburse transportation costs in excess of coach class commercially scheduled air or ground transportation by the most expeditious route.

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SECTION C- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Contractor shall provide all requirements within the IDIQ contract’s Performance Work Statement (PWS), and within the terms and conditions of this IDIQ contract and resultant Task Orders.

C.2 See Attachment J-2 for the IDIQ contract’s PWS.

C.3 Each Order placed under the IDIQ will incorporate its own, more detailed requirements document.

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SECTION D – PACKAGING AND MARKING

D.1 PACKAGING

D.1.1 Unless otherwise specified, all items to be delivered under this IDIQ contract shall be packaged, packed, and marked in accordance with the Contractor’s standard commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination at the most economical rate(s).

D.1.2 The Contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or losses are due to the fault of the Government.

D.1.3 The Contractor shall provide a packing slip which shall accompany each carton with information identifying the contract number, the order number, a description of the hardware/software enclosed (manufacturer name, model number, serial number), and the customer point of contact.

D.1.4 The Contractor shall use (where possible) packing mat rials which have the least impact on the environment when manufactured or discarded, including, brown cardboard in lieu of cardboard which has been bleached white and/or dyed, and materials which both decompose and are recyclable in lieu of recycle-only products such as plastic or Styrofoam.

D.1.5. All deliverables required under this con ract shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the task order number and Contractor ame. Any specific requirements at the task order level will be specified in the applicable ta k ord r

D.1.6 Clauses, provisions, and other t rms and conditions regarding packaging and marking will be designated by the Contracti g Offic r (CO) at the task order level.

D.2 MARKINGS

D.2.1 As applicable, all deliverables submitted to the IDIQ contract’s Contracting Officer (CO), IDIQ contract’s Contracting Officer’s Representative (COR), Order CO, or Order COR shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

• Contract number;

• Order number;

• Name and address of the consignor;

• Name and address of the consignee;

• Government bill of lading number covering the shipment (if any); and

• Description of the item/material shipped, including item number, quantity, number of containers, and package number (if any).

D.2.2 The Contractor shall comply with the security requirements for packaging, marking, mailing, and shipping classified materials as prescribed by current Department of Homeland Security (DHS) and Immigrations and Customs (ICE) directives.

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D.2.3 Classified materials up to a TOP SECRET level may be transmitted to contractor for safeguarding, storage or retention on contractor site. Contractor shall adhere to all applicable laws, regulations, orders, guides, and directives pertaining to Classified, Sensitive But Unclassified, FOUO, and personally identifiable information. Contractor shall safeguard Sensitive But Unclassified, FOUO information specifically in accordance with DHS Management Directive 11042.1. Contractor shall establish and implement appropriate administrative, technical, and physical safeguards to ensure the security and confidentiality of classified and sensitive Government information, data, and/or equipment. If contractor personnel are ever uncertain about the handling or treatment of any information or data, they shall consult the task order COR.

D.2.4. Specific marking requirements may be addressed in individual Orders.

D.3 ADVERTISEMENTS, PUBLICIZING AWARDS AND NEWS RELEASES

D.3.1 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 publicity/news release or commercial advertising without first obtaining explicit written consent to do so from the SWIFT IDIQ contract’s Contra ting Officer. This restriction does not apply to marketing materials developed for presentation to potential Government customers of this contract vehicle.

D.3.2 For task orders, the Contractor shall obtain the w itten consent of the Order level CO. 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 endor ed or preferred by the Federal Government or is considered by the Government to be superior t other products or services.

D.4 BRANDING

Use of Department of Homeland Security Seal:

In accordance with DHS Management Directive 123-06, 18 U.S.C. § 506, 18 U.S.C. § 701, 18 U.S.C.§ 1017 and 28 U.S.C. § 1733(b), the usage of the DHS seal shall be requested by completing DHS Form 0030 (12/08).

Request shall be submitted to the Contracting Officer, who will be responsible for submitting the form for review by the DHS Office of Public Affairs.

ICE must be acknowledged in any presentation (oral or written) of work that is a direct result of contractor’s support work to ICE. Any presentation that contractor makes that relates to work conducted by or funded by or for ICE must be provided to the Task Order level COR with a courtesy copy to the Task Order level CO for review prior to presentation. Contractor must obtain Task Order level COR or CO guidance and permission prior to development of presentation or acceptance of invitation to make presentation.

Contractor is not permitted to present ICE work or their participation in ICE work for business promotional purposes, prior to Task Order level COR and CO permission.

Any questions, comments, or concerns on presentations shall be addressed to the respective Task Order level COR and CO.

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 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 www.acquisition.gov/far.

E. 2 At a minimum, the clauses/provisions apply to task orders issued under this contract.

Additional inspection and acceptance requirements may be specified in each task order.

CLAUSES INCORPORATED BY REFERENCE

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

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

52.246-4 INSPECTION OF SERVICES--FIXED PRICE AUG 1996

52.246-6 INSPECTION OF TIME-MATERIAL AND LABOR HOUR MAY 2001

E.3 Clauses, provisions, and other terms and conditions regarding task order inspection and acceptance will be designated by the CO at the task order lev l.

E.4 INSPECTION

E.4.1 Inspection and acceptance of all work perform nc , reports and other deliverables required under task orders shall be performed at the place of delivery or another alternate location as specified in the task order.

E.4.2 Inspection of all items under this IDIQ contract shall be accomplished at the Task Order level by the cognizant ICE Contracting Off cer’s Representative (COR), or any other duly authorized Government representative in accordance with the applicable FAR clauses and Section C of this contract.

E.4.3 All deliverables will be inspected for content, completeness, and accuracy and conformance to IDIQ contract and Task Order requirements. Inspection may include validation of information or software through the use of automated tools and/or testing of the deliverables, as specified in Section C. The scope and nature of this testing will be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables and services.

E.4.4 The Government requires a period not to exceed thirty (30) calendar days after receipt of services and final deliverable items for inspection and acceptance or rejection unless otherwise specified in Section C or the terms of a Task Order. The Government shall provide written notification of acceptance or rejection of all final deliverables within 30 calendar days of receipt of services or deliverables. Absent written notification within 30 calendar days of receipt, final deliverables shall be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

E.5 ACCEPTANCE

E.5.1 Acceptance of all work and effort under the associated Task Orders shall be accomplished in writing by the Task Order Contracting Officer or their duly designated representative.

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E.5.2 The basis for acceptance shall be in compliance with the requirements set forth in Section C, the terms and conditions of this contract, and other terms and conditions specified at the Task Order level. Services and/or deliverable items rejected shall be corrected in accordance with the applicable clauses.

E.5.3 Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the government have been corrected.

E.5.4 Non-conforming products or services will be rejected or revised as directed by the Task Order CO or COR as specified in Section C. Unless otherwise agreed by the parties, deficiencies will be corrected within thirty (30) business days of the rejection notice. If the deficiencies cannot be corrected within the specified period, the Contractor will immediately notify the Task Order Contracting Officer of the reason for the delay and provide a proposed corrective action plan within ten (10) business days.

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F.3.2. All applicable Task Order deliverables, their required delivery dates, destination of delivery, and schedule for completion of work to be performed will be specified in Task Orders issued under this IDIQ contract, as applicable.

F.3.3. For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M. Local time at destination, Monday through Friday, unless stated otherwise in a Task Order.

F.3.4. All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus or defect.

F.3.15. In addition to the deliverables required by this contract, additional applicable deliverables may be required, where their specific format and delivery schedule will be specified in the individual Task Orders issued under this IDIQ contract.

F.4 WORKPLACE

F.4.1 Contractor personnel are responsible for their own workspace and therefore, shall at the end of each workday clean up all debris, properly dis ard all materials, and properly store all sensitive documents resulting from their operations. If telecommuting, contractor personnel shall ensure all Government issued property is well guarded at all times by contractor personnel and all Government information is protected from public view Negligence or loss of property and Government information will have negative impact on Contractor performance evaluation and may result in the removal of contractor personnel from the Task Order.

F.5 ORDERING PERIOD

F.5.1 The maximum potential ordering period of the basic IDIQ contract is five years from the effective date of the contract award. The IDIQ may be extended for additional period of performance if the ceiling is not exhausted. The IDIQ may be extended for a period of up to six additional months pursuant to the Option to Extend Service clause (FAR 52.217-8).

F.5.2 TOs may be issued during the ordering period of this contract and shall be completed within the timeframe stated in the order. Task orders may be awarded up to the final date of the IDIQ ordering period and may contain a base and option periods that allow for total task order duration of up to 12 months after the basic IDIQ ordering period expires. TOs may have base and option periods.

F.5.3 Task order option periods may be exercised after ordering period expires as long as the final task order option period does not extend the cumulative term of the task order beyond 12 months after the basic IDIQ ordering period expires.

F.5.4 The Government has no obligation to issue any orders beyond the minimum order guarantee to each awardee.

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F.5.5 After the basic IDIQ’s ordering period expires, the basic IDIQ will remain an active contract to govern the terms and conditions of active task orders until the final task order is closed out.

F.6 PERFORMANCE STANDARDS

SWIFT is a performance-based contract with measurable standards in terms of quality and timeliness of deliverables and compliances in accordance with section F.6.1.

F.6.1 DELIVERABLE AND REPORTING REQUIREMENTS

The IDIQ contains deliverables and reports required for SWIFT. Task order deliverables and reporting requirements will be specified in the task order. The Government does not waive its right to add reporting requirements, performance standards, or other deliverables or reports not specifically listed in attachment J-2 (Performance Work Statement) by modification at no additional expense to the Government. Deliverables or reporting requirements are required until the final task order is closed-out for each contractor. If a deliverable or reporting requirement is due on a calendar day that falls on a weekend day or a gov r ment holiday, the deliverable or report is due the following business day.

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SECTION G: CONTRACT ADMINISTRATION DATA

This section provides guidance regarding contract administration requirements for the contract, and where applicable, for each Task Order placed under the contract. Notwithstanding the Contractor’s responsibility for total management responsibility during the performance of this contract, the administration of the contract will require maximum coordination between ICE and the Contractor.

The individuals outlined in Section G will be the Government points of contact during the performance of this contract for their respective roles identified at the time of award.

G.1 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data for obligations under the contract will be set forth on individual Task Orders.

G.2 AUTHORIZED USERS

All warranted Contracting Officers of ICE are autho ized ordering officers.

G.2.1 SWIFT CONTRACTING OFFICER (IDIQ level—to be designated at time of award) A different CO will be identified under the task orders.

(a) The SWIFT IDIQ Contracting Officer (CO) is the only person authorized to approve changes to, or modify any of the equi ments under, the IDIQ contract. In the event the Contractor effects any such chang at th direction of any person other than the SWIFT IDIQ CO, the change will be considered to have been made without authority, and no adjustment will be made in the contract pr ce to cover any increase in costs incurred as a result thereof.

The SWIFT IDIQ CO is:

Name: TBD Address: TBD Immigrations and Customs Enforcement Washington, DC 20528-0115 Email: TBD

(b) Contractual problems of any nature should be handled as soon as possible, and according to applicable public laws and regulations (e.g., Federal Acquisition Regulation). The problem resolution escalation sequence in ICE is as follows: 1) the initial point of contact for problem resolution is the individual requesting or receiving the equipment, software, and/or services, 2) then the Contracting Officer that placed the delivery order, and 3) finally, the SWIFT IDIQ CO is authorized to formally resolve the problem.

G.2.2 SWIFT PROGRAM MANAGER (IDIQ level—to be designated at time of award) A different PM will be identified under the task orders.

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The SWIFT IDIQ Program Manager (PM) within the Office of Chief Information Officer (OCIO) Division. OCIO has the overall responsibility for the procurement program. The SWIFT IDIQ PM, with support of the SWIFT IDIQ Contracting Officer’s Representative (COR), is responsible for the program related activities, including reporting, communications, marketing, outreach and training.

The SWIFT IDIQ PM is:

Name: TBD Address: TBD Immigrations and Customs Enforcement Washington, DC 20528-0115 Email:

G.2.3 SWIFT CONTRACTING OFFICER REPRESENTATIVE (IDIQ level—to be designated at time of award) A different COR will be identified under the task orders.

An ICE OCIO representative will be appointed as a SWIFT Con racting Officer Representative (COR) for this contract. The COR will act as technical representatives of the CO for the purpose of inspecting and accepting the contractor’s work and assisting the CO in the administration of this contract and task orders. The CO will not fy the contractor in writing of the name of the

COR.

The COR does not have the authority to dir ct th actions of the contractor and the CO is the only individual authorized to change the te ms and conditions of any of the contracts or subsequent task orders.

G.2.4 Each IDIQ contract w ll also have a primary contract administration COR, which will be identified after award. All cor espondence concerning this contract and any resultant task order(s) shall be submitted to the CO and COR.

G.3. IDIQ MINIMUM ORDER GUARANTEE

G.3.1 The first task order for IDIQ minimum order guarantee for $2,500.00 will be issued concurrently with the SWIFT Indefinite Delivery Indefinite Quantity contract award.

G.3.2. The maximum cumulative dollar ceiling value of all contracts in this multiple award IDIQ is $340 Million.

G.3.3 The Government has no obligation to issue task/delivery orders beyond the amount specified in paragraph G.3.1. Once the conditions of paragraph G.3.1 have been met, the Contractor will continue to have the opportunity to be issued task orders under the Fair Opportunity procedures.

G.3.4 Funding will be cited on individual task orders and not on the base contract award.

G.4 ORDERING CONTRACTING OFFICER (OCO) DUTIES

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G.7. 1 In accordance with FAR 16.505(a)(10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of a delivery order under this contract, except for:

(a) A protest on the grounds that the delivery order increases the scope, period, or maximum value of the contract, or

(b) Protests of delivery orders in excess of $10 million may only be filed with the DO CO or the General Accountability Office (GAO), in accordance with the procedures at 33.1.

If a contractor has a pre-award or post-award complaint at the task order level, it is encouraged that the contractor initially consult with the OCO.

G.8 TASK/DELIVERY ORDER CONTRACT OMBUDSMAN

(a) In accordance with FAR Part 16.5, the Ombudsman has the responsibility to review Contractor complaints and ensure that all Contractors are afforded a fair opportunity to be considered for each order, consistent with the ordering procedures in the contract.

(b) The Ombudsman is responsible for reviewing complaints from Contractors on delivery orders, and if any corrective action is needed, shall provide a written determination of such action to the OCO.

(c) Issues that cannot be resolved within the Component shall be forwarded to the DHS Ombudsman for review and resolution. The ICE Ombudsman is a so the ICE Competition Advocate.

(d) In the case that the contractor is not satisfied wit the resolution of the complaint by the Ombudsman, the contractor may follow the pr ced res outlined in subpart 33.1.

G.9 POST AWARD CONFERENCE/IDIQ KICK-OFF MEETING

G.9.1 The Contractor shall participate in a post-award conference/kick-off that will be held approximately ten (10) business days fter ontract award. The purpose of the post-award conference is to aid both the C ntracto and the Government in achieving a clear and mutual understanding of all contract req irements and identify and resolve potential problems (See FAR Subpart 42.5).

G. 9.2 The SWIFT IDIQ contractor is responsible for establishing the time and place of the conference and will notify the appropriate Government representatives. The conference may be conducted virtual or at a location within the Washington DC Metropolitan area at the Government’s discretion.

G.9.3 The post-award conferences will establish IDIQ level points of contact, determine the administration strategy, roles and responsibilities, and other information pertinent to the successful administration of and participation in the SWIFT award.

G. 10 ACCOUNTING & APPROPRIATION DATA

All funding and payment instructions will be cited at the task order level. Annual and multi-year funds may be used during the performance of the task orders.

G. 10.1 INVOICE INSTRUCTIONS

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Invoice instructions will be specified at the Task Order Level by the individual ordering Components.

1. The contractor shall be active in the System for Award Management (www.SAM.gov) for invoice processing. Besides the information identified below, a proper invoice shall also include; contractor’s Dunn and Bradstreet (D&B) DUNS number; the ICE Program Office; and state whether the invoice is “INTERIM” or “FINAL”.

2. In accordance with Contract Clauses, FAR 52.212-4 (g) (1), Contract Terms and Conditions - Commercial Items, or FAR 52.232-25 (a) (3), Prompt Payment, as applicable, the information required with each invoice submission is as follows:

"...An invoice must include-

(i) Name and address of the Contractor. The name, address and DUNS number on the invoice MUST match the information in both the Contract/Agreement and the information in SAM;

(ii) Dunn and Bradstreet (D&B) DUNS number;

(iii) Invoice date and number;

(iv) Contract number, line items and, if applicable, the order number;

(v) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(vi) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vii) Terms of any discount for prompt payment offered;

(viii) Remit to Address;

(ix) Name, title, and phone number of person to notify in event of defective invoice;

(x) ICE Program Office designated on the order/contra t/agreement; and

(xi) Whether the invoice is “Interim” or “Final”

3. Invoice submission: shall be submitted via one of the following two methods. Improper invoices or those submitted by means other than these two methods will be returned. Email is the preferred method.

a. Primary method of submission is email The Contractor shall submit one (1) invoice in PDF format per e-mail and the subject line of the e-mail will reference the invoice number of the attached invoice to:

Invoice.Consolidation@ice.dhs gov Attn: ICE-(insert program office n me or ode) Invoice With a copy to:

1. AMBG514@ice.dhs.gov (only applies to ICE/OCIO managed task orders)

2. Ocio-rmd-servicecenter@ice.dhs.gov(only applies to ICE/OCIO managed task orders)

3. Contracting Officer Representative (COR) or Government Point of Contact (GPOC)

4. Alternate COR

5. Contract Specialist and Contracting Officer

6. Program Manager

b. Mail:

DHS, ICE

Financial Service Center Burlington Attn: ICE-__________________ Invoice (Insert program office name or code) P.O. Box 1620 Williston, VT 05495-1620

4. Payment Inquiries: Questions regarding invoice submission or payment, please contact Financial Service Center Burlington at 1-877-491-6521, Option # 3 or by e-mail at OCFO.CustomerService@ice.dhs.gov

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Invoices without the above information may be returned for resubmission.

5. Invoice for a time-and-material or labor-hour delivery order shall be billed and processed in accordance with the FAR 52.212-4, Alternate I (Feb 2007).

G.11 CONTRACTOR PERFORMANCE

G.11.1 Contractor performance information is relevant information, for future source selection purposes, regarding a contractor’s actions under a previously awarded contract. It includes, for example, the contractor’s record of conforming to contract requirements and to standards of good workmanship; record of forecasting and controlling costs; adherence to contract schedules, including the administrative aspects of performance; history of reasonable and cooperative behavior and commitment to customer satisfaction; reporting into required databases; record of integrity and business ethics; and business-like concern for the interest of the customer.

G.11.2 The basic IDIQ requires use of the Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process for task orders awarded under the based IDIQ located at http://www.cpars.gov.

G.11.3 CPARS is a web-enabled application that collects and manages the library of automated CPARs. CPARS is for UNCLASSIFIED use only Class fied information is not to be entered into this system. A CPAR assesses a contractor s performance and provides a record, both positive and negative, on a given contracto during a specific period of time. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comme t , quality reviews, technical interchange meetings, financial solvency assessments construction/production management reviews, contractor operations reviews, functiona perform nce evaluations, and earned contract incentives. The Evaluation factors for CPARS i clude Technical, Cost Control, Schedule/Timeliness, Management/Business Relations, Small Business Subcontracting, and Other.

G.11.4 CPARS evaluations will be conducted at the task order level for task orders that meet the threshold identified in FAR 42.1502.

G.11.5 Evaluations will be provided to the contractor as soon as practicable after completion of the evaluation. Contractors will be given a minimum of 30 days to submit comments, rebutting statements, or additional information.

G.11.6 Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the task order file, which may be used by Federal agencies to support future award decisions.

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G.12 eSRS

Subcontract Reporting in accordance with FAR 52.219-9: All prime contractors shall submit Individual Subcontract Reports (ISR) and Summary Subcontract Reports (SSR), in accordance with all current applicable guidelines, using the electronic Subcontracting Reporting System (eSRS) (http://www.esrs.gov)and shall ensure that all U.S. subcontractors agree to submit ISRs/SSRs. Any Prime contractor ISR or SRS that cannot be entered into eSRS shall be submitted directly to the contracting officer for review.

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

The Government hereby provides notification that Government personnel observe the listed days as holidays: These holidays only apply to services performed within the United States and is provided for informational purposes only.

(1) New Year's Day (7) Labor Day

(2) Martin Luther King Jr.'s Birthday (8) Columbus Day

(3) Washington’s Birthday (9) Veterans Day

(4) Memorial Day (10) Thanksgiving Day

(5) Juneteenth National Independence Day (11) Christmas Day

(6) Independence Day

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President’s Proclamation

It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation xcept as s t forth in this contract. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

When the Federal and governmental entities gran excused absence to its employees, the Contractor may also dismiss its assigned C ntractor personnel; however, the Contractor may not bill the government for time associated with such excused absences. The Contractor agrees to continue to provide sufficient personnel t perform critical tasks already in operation or scheduled and shall be guide by the instructions issued by the Task Order Contracting Officer or the Task Order Contracting Officer Representative.

Nothing within this special requirement abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other sections of this Task Order. If Government personnel are furloughed, the Contractor shall contact the Task Order Contracting Officer or the Task Order Contracting Officer Representative to receive direction. It is the Government’s decision as to whether this contract and the Task Order and their respective prices will be affected.

H. 2. DOCUMENTATION AND DATA RIGHTS.

H.2.1 The Government has unlimited and immediate rights to all documents, materials, and/or reports produced under TOs issued under this contract. All documents, materials, and/or reports to include passwords and source codes of any software, produced and delivered under TOs issued under this contract shall be Government-owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.

These documents, materials, and/or reports may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government will

Solicitation Number: 70CTD022R00000002 P a g e | 27 be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

H.2.2 The Government will retain unrestricted rights to Government data. This includes, but is not limited to, preliminary and final deliverables and all associated working papers and other material deemed relevant by the agency that have been generated by the Contractor in the performance of Task Order(s) awarded as a result of this solicitation, are the property of the U.S.

Government, and must be submitted to the Contracting Officer Representative at the conclusion of the award. All deliverables produced for this solicitation are the property of the U.S.

Government and cannot be reproduced or retained by the Contractor. The ordering activity retains ownership of any user created/loaded data and applications hosted on Contractor infrastructure, as well as maintains the right to request full copies of these at any time. The U.S.

Government has unlimited data rights to all deliverables and associated working papers and materials in accordance with FAR 52.227-14. DHS/ICE data handled by the Contractor on behalf of the Government must be available to the Government upon request within one business day or within the timeframe specified otherwise and shall not be used for any other purpose other than that specified herein. The Contractor shall provide requested data at no additional cost to the Government. No DHS/ICE data shall be released by the Off ror without the consent of the Government in writing. All requests for release must be submit ed in writing to the Contracting Officer and Contracting Officer Representative.

H.3 GOVERNMENT FURNISHED PROPERTY (GFP)

(a) The Government may furnish, entirely a its own choice, to the Contractor certain property to be used on-site on a no-cost-for-use basis as n cessary for the technical performance of the IDIQ contract. The Contractor sh ll use ll reasonable care in protecting said property from damage or losses incurred, and will immediately advise the IDIQ contract COR of any repairs needed, damages or losses inc rred, re lacement required, etc. In no event shall any item of property, other than office operating upplies, be relocated or disposed of without the expressed authorization of the IDIQ contract COR.

(b) Thirty (30) calendar days prior to the end of the IDIQ contract’s ordering period, or upon termination of the IDIQ contract, the Contractor shall furnish to the IDIQ contract COR a complete inventory of all Government Property in its possession under the contract that has not been tested to destruction, completely expended in performance or incorporated and made a part of a deliverable end item.

The IDIQ contract COR will furnish disposition instructions on all listed property which was furnished or purchased under the IDIQ contract.

(c) Additional GFP will be specified in individual Task Orders.

H.5 GOVERNMENT FURNISHED INFORMATION (GFI)

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(a) The Government may provide information (e.g., technical data, applicable documents, plans, regulations, specifications, etc.) as it relates to ICE Wide Area Network connectivity and performance as required to support Contractor delivery of services.

(b) The Government may also provide information (e.g., technical data, applicable documents, plans, regulations, specifications, etc.) in support of a specific task. Such GFI will be specified in individual Task Orders.

H.6 SOFTWARE MADE AVAILABLE FOR CONTRACTOR’S USE

(a) The Government, from time to time, may make certain software acquired under license available to the Contractor for its use in the performance of this contract.

(b) The Contractor recognizes and acknowledges that such software or data contained therein may be proprietary and confidential to a third party.

(c) The Contractor agrees that it and its employees will not use, copy, disclose, modify, or reverse engineer such software except as permitted by the license and any other terms and conditions under which the software is made available to the C ntractor.

(d) The Contractor is not authorized to violate any software licensing agreement, or to cause the Government to violate any licensing agreement The G vernment shall make such software licenses available to the Contractor for inspection upon the Contractor’s reasonable request to a Task Order CO. If, at any time during the performance of any Task Order under this IDIQ contract, the Contractor has reason to believe tha its utilization of Government furnished software may involve or result in a violati n of DHS's licensing agreement, the Contractor shall promptly notify the Task Order CO in writing, of the pertinent facts and circumstances.