RFQ_Review_support.docx

Solicitation 70RDAD19Q00000090

Title: Support to Review GAO and OIG Reports General Information Document Type: Combined Synopsis / Solicitation Notice Solicitation Number: 70RDAD19Q00000090 Posted Date: 8/9/2019 Response Date: 9/09/2019 11 AM ET Classification Code: R – Professional, Administrative, and management support services NAICS Code: 541990 - All Other Professional, Scientific, and Technical Services Business Size Standard: $15,000,000.00 Set-Aside: 100% small business Set-aside Contracting Office Address Department of Homeland Security (DHS), Office of Procurement Operations (OPO), 301 7th & D Streets SW, Room 3051, Washington, DC 20407.

This is a combined synopsis/solicitation for commercial items, prepared in accordance with format in FAR 12.6 as supplemented with additional information included in this notice and under the authority to use simplified procedures as provided in FAR Part 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation and a separate written solicitation will not be issued. This solicitation: No. 70RDAD19Q00000090 includes all applicable provisions and clauses in effect through FAR FAC 2019-03 (July 2019).

The North American Industry Classification System code is 541990 and the business size standard is $15,000,000.00.

Only one award will be made as a result of this solicitation. This will be awarded as a Labor Hour type contract.

OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES

CONSULTANT TO REVIEW GAO AND OIG REPORTS

1. BACKGROUND

The Department of Homeland Security (DHS), Office of the Secretary, Office for Civil Rights and Civil Liberties (CRCL) supports the Department's mission to secure the nation while preserving individual liberty, fairness, and equality under the law. The Office for Civil Rights and Civil Liberties reviews and assesses information concerning abuses of civil rights, civil liberties, and profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department of Homeland Security. Further, CRCL assists the DHS Secretary and Offices of the Department to develop, implement, and periodically review Department policies and procedures, thus ensuring that the protection of civil rights and civil liberties is appropriately incorporated into Department programs and activities under 6 U.S.C. § 345(a)(3). CRCL also has oversight authority to ensure that DHS programs and activities comply with constitutional, statutory, regulatory, policy, and other requirements related to civil rights and civil liberties pursuant to DHS Delegation Number 19003, issued October 26, 2012.

2. SCOPE

CRCL requires the services of a Contractor to review Government Accountability Office (GAO) and Department of Homeland Security, Office of the Inspector General (OIG) reports on DHS for issues related to civil rights & civil liberties.

The Contractor shall review all GAO & OIG reports directed towards CRCL and determine whether all recommendations directed towards CRCL have been implemented, or the extent to which reasons not to follow such recommendations were asserted. The Contractor shall review all GAO & OIG reports directed towards DHS Components that have civil rights and/or civil liberties (CR & CL) implications and determine whether all such CR & CL recommendations have been implemented by the Components, or the extent to which reasons not to follow such recommendations were asserted. The Contractor shall help devise the criteria for identifying what constitutes CR & CL implications and/or recommendations in GAO & OIG reports directed toward Components.

Final deliverables will allow CRCL to determine the extent to which it has complied with, or determined appropriate reasons not to follow, any recommendations from the oversight entities, and to review Components’ compliance with CR & CL recommendations of the oversight entities. Final deliverables may also include any suggested changes in interaction and engagement between CRCL and DHS Components to improve and mature DHS Components’ compliance with CR & CL and to ensure that CR & CL issues are most efficiently and effectively addressed throughout the Department.

CRCL may require surge (optional to the Government) support as described in Section. The optional surge services may be exercised at any time, including at the time of award.

3. TASKS

The Contractor shall work in a high-volume production environment and perform a variety of duties necessary to ensure that CRCL’s (and where applicable, DHS Components’) activities are conducted efficiently and effectively.

3.1 Consultant to Review GAO and OIG Reports:

The Contractor shall:

· Review all GAO, OIG reports and any similar oversight reports directed or related to DHS/CRCL and any responsive documents by CRCL, and determine from those documents and/or through further investigation or interviews with CRCL staff that CRCL has appropriately addressed all issues raised, or appropriately concluded that the recommendations should not be followed.

· Review all GAO, OIG reports and any similar oversight reports directed or related to DHS Components and any responsive documents by Components, and determine from those documents and/or through further investigation or interviews with appropriate staff that all CR & CL issues have been appropriately addressed by Components, or the Components appropriately concluded that the recommendations should not be followed.

· Subsequent to these projects, review the OIG report draft on DHS organizational maturity and make any recommendations that seem appropriate in light of the reviews of the oversight reports and responses by the Components of any steps CRCL should consider in order to take DHS operations regarding protection of CR & CL to the next level.

4. MINIMUM QUALIFICATIONS OF THE CONTRACTOR

Competencies:

· Expert knowledge and experience in civil rights and civil liberties principles, laws, and policies in the context of government-operated programs and government-issued policies.

· Excellent strategic skills and creative vision of how to approach unique problems.

· Experience as an Office of the Inspector General (OIG) senior official in order to conduct compliance reviews.

· Experience with Federal employment and whistleblower laws.

· Ability to communicate effectively, orally and in writing, in furtherance of the review.

· A Minimum of 5 years of experience in accomplishing aforementioned roles and responsibilities.

5. KEY PERSONNEL

There will be one key person maintained throughout the contract, whose competencies will be evaluated against the required competencies, though additional personnel with appropriate skills may also be used if appropriate and with prior approval of the Contracting Officer.

The day-to-day supervision and direct control over the work performed by contractor personnel shall be the sole responsibility of the Contractor.

6. REPORTING REQUIREMENTS

6.1 Status Meeting

The Contractor shall meet with the Contracting Officer’s Representative (COR) when required to discuss progress under the SOW. The purpose of the status meeting is to exchange information and assist in the resolution of emergent technical problems and/or issues.

6.2 Final Summary report

The Contractor shall submit a final summary report at the end of the project to include an overview of the assignment and deliverables.

7. PERIOD OF PERFORMANCE

The period of performance for this contract:

Base Period September 23, 2019 through March 22, 2020 Option Period March 23, 2020 through September 22, 2020

8. PLACE OF PERFORMANCE

The work will be performed at 131 M Street NE, Washington, DC.

9. HOURS OF OPERATION

Work shall be performed between the hours of 8:00 am and 5:00 pm, Monday through Friday, except on Federal holidays. Holidays observed by the Federal Government:

If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included would be any day specifically declared by an Executive Order from President of the United States of America as a national holiday.

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 to compensation except as set forth within this contract. If the Contractor believes that an unplanned absence has an impact on the price or period of performance the Contracting Officer must be notified.

10. TELEWORK

It is the policy of the Department to make telework available to the maximum extent possible without negatively impacting mission accomplishment. Participation in a telework arrangement is a management prerogative and not an employee/contractor entitlement or right.

All CRCL contractor requests for telework must be submitted in writing by using the CRCL Telework Agreement and approved or disapproved in writing by the CRCL COR, after review and clearance by the CRCL Officer.

CONTRACTOR’S RESPONSIBILITY FOR ASSIGNED EQUIPMENT, AND SUPPLIES.

If, due to the fault or neglect of the Contractor, his agents, or employees, damages are caused to any Government property, equipment, stock or supplies, during the performance of this contract, the Contractor shall be responsible for such loss or damage to the Government. The Government at its option may either require the Contractor to replace all property or to reimburse the Government for the full value of the lost or damaged property.

11. DELIVERABLES

All deliverables shall be provided electronically in Microsoft Office compatible format.

Reference

Paragraph 6.1

Paragraph 5.2

12. ADMINISTRATION DATA

12.1 Kick-off Meeting

The Contractor shall attend a Task Order Kick-Off meeting with the COR and program personnel, no later than 7 business days after the date of award. The purpose of the Task Order Kick-Off meeting, which will be chaired by the COR, is to discuss the technical objectives of this task order.

12.2 Contracting Officer

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds and authorize revisions of the terms and conditions of this task order. The Contracting Officer shall authorize any such revision in writing.

The Contracting Officer is: Cynthia Aki Phone: 202-447-5644 E-mail: cynthia.aki@hq.dhs.gov The Contract Specialist is: Francisco Mendoza Phone: 202-447-0648 E-mail: francisco.mendoza@hq.dhs.gov

12.3 Contracting Officer’s Representative

The Contracting Officer will designate a Contracting Officer’s Representative (COR) to assist in monitoring the work under this task order. The COR is responsible for the technical administration of the task order and technical liaison with the Contractor. The COR is not authorized to change the scope of work or specifications as stated in the task order, to make any commitments or otherwise obligate the Government or authorize any changes which affect the task order price, delivery schedule, period of performance, or other terms or conditions.

The CRCL COR for this task order is: TBD Phone: E-mail:

13. SPECIAL CONTRACT REQUIREMENTS

13.1 CONTRACTOR PERSONNEL SECURITY CLEARANCE REQUIREMENT

All contractor and subcontractor personnel are required to complete a suitability/background investigation with the DHS Office of Security, Personnel Security Division.

1. The procedures outlined below shall be followed in order for the DHS Security Office to process background investigations and suitability determinations, as required, in a timely and efficient manner.

2. Carefully read the security clauses in the contract. Compliance with these clauses is not optional.

3. Contractor employees (to include applicants, temporaries, part-time and replacement employees) under the contract, requiring access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the contract. The results of the position sensitivity analysis shall identify the appropriate background investigation to be conducted. All background investigations will be processed through the DHS Security Office. Prospective Contractor employees shall submit the following completed forms to the DHS Security Office. The Standard Form 85P will be completed electronically, through the Office of Personnel Management’s e-QIP SYSTEM. The completed forms must be given to the DHS Security Office no less than thirty (30) days before the start date of the contract, or within 7 days of the start date of the contract, whichever is appropriate, or thirty (30) days prior to entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor:

Standard Form 85P, “Questionnaire for Public Trust Positions” FD Form 258, “Fingerprint Card” (2 copies) DHS Form 11000-6 “Conditional Access to Sensitive but Unclassified Information Non-Disclosure Agreement” DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act” Only complete packages will be accepted by the DHS Security Office. Specific instructions on submission of packages will be provided upon award of the contract.

4. DHS may, as appropriate, authorize and grant a favorable entry on duty (EOD) decision based on preliminary suitability checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting of a favorable EOD decision shall not be considered a determination that a full employment suitability authorization will follow. A favorable EOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar DHS from withdrawing or terminating access government facilities or information, at any time during the term of the contract. No employee of the Contractor shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability determination by the Security Office.

Contract employees waiting for an EOD decision may begin work on the contract provided they do not access sensitive Government information. Limited access to Government buildings is allowable prior to the EOD decision if the Contractor is escorted by a Government employee. This limited access is to allow Contractors to attend briefings, non-recurring meetings and begin transition work.

5. The Contractor shall notify the DHS Security Office of all terminations/resignations within five (5) days of occurrence. The Contractor shall return to the COR all DHS issued identification cards and building passes that have either expired or have been collected from terminated employees. If an identification card or building pass is not available to be returned, a report shall be submitted to the COR, referencing the pass or card number, name of individual to who it was issued and the last known location and disposition of the pass or card.

6. When sensitive government information is processed on Department telecommunications and automated information systems, the Contractor shall provide for the administrative control of sensitive data being processed. Contractor personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level.

Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

7. Failure to follow these instructions may delay the completion of suitability determinations and background checks. Note that any delays in this process that are not caused by the government do not relieve the Contractor from performing under the terms of the contract.

8. Your POC at the Security Office is: Office of Security/PSD Customer Service Support Washington DC 20528 Telephone: (202) 447-5010 Email: officeofsecurity@hq.dhs.gov

13.2 NON-DISCLOSURE AGREEMENT

The Contractor shall submit an executed Attachment A – Non-Disclosure Agreement for each individual performing under this task order. The Contractor shall submit copies of the Non-Disclosure Agreement to the Contracting Officer and COR prior to an individual beginning performance under this task order.

13.3 GOVERNMENT FURNISHED RESOURCES

Work will be performed at the Government’s site. The Government will provide the Contractor with the following resources for all onsite Contractor personnel: sufficient work space, computers, telephones, access to printers, access to photocopiers, and access to scanners.

The Government furnished facilities, property, equipment and supplies issued to the Contractor shall only be used for work under this contract. The Contractor shall be responsible for returning all Government furnished facilities, property, and equipment in good working condition, subject to normal wear and tear.

The Government will provide all necessary information, data and documents to the Contractor for work required under this contract.

13.4 Non-Personal Services

The services required under the contract constitute professional and management services, which are essential to the mission but not otherwise available within. The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that have the nature of personal services or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s further responsibility to notify the Contracting Officer immediately. These services shall not be used to perform work of a policy/decision making or management nature. All decisions relative to programs supported by the Contractor will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

13.5 Protection of Information

Contractor access to sensitive but unclassified information is required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with DHS MD 11042.1, Safeguarding Sensitive but Unclassified (For Official Use Only) Information. The Contractor shall ensure that all Contractor personnel having access to business or procurement-sensitive information sign a non-disclosure agreement (Attachment A DHS Form 11000-6).

13.6 Travel

Reimbursement of local travel and commuting expenses is not authorized.

13.7 Disclosure of Information

Information furnished under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when DHS or the Government determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

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

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees.

Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 USC 641.

13.8 Employee Identification

Contractor employees visiting Government facilities shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

All Contractor employees shall identify themselves as contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages.) and display the Government-issued badge in plain view above the waist at all times.

13.9 Employee Conduct

Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the DHS. The Project Manager shall ensure Contractor employees understand and abide by DHS established rules, regulations, and policies concerning safety and security.

13.10 Removing Employees for Misconduct or Security Reasons

The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

14. INVOICE AND PAYMENT REQUIREMENTS

Invoices shall be prepared in accordance with FAR Clauses 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts. In addition to invoice preparation as required by the FAR, the Contractor’s invoice shall include the following information:

a) Cover sheet identifying DHS;

b) Contract Number;

c) Modification Number, if any;

d) DUNS Number;

e) Month services provided

f) CLIN and Accounting Classifications The Contractor shall submit one invoice by the 5th day of each month.

Contract Line Item Number (CLIN) for each billed item:

a) Time and Materials and Labor Hour – Invoices shall be submitted no more than once per month and shall be received no later than the 5th of each month (or as otherwise approved by the COR) following the services provided. The Contractor shall indicate the associated CLIN, dollar amount invoiced, and service completed. All invoices shall include the current amount billed along with a cumulative amount billed and remaining balance.

The Contractor shall submit the invoice electronically to the address below:

E-mail: InvoiceMGT.Consolidation@ice.dhs.gov The Contractor shall simultaneously provide an electronic copy of the invoice to the following individuals at the addresses below:

a) Office of Procurement Operations/Francisco Mendoza (Contract Specialist) E-mail: francisco.mendoza@hq.dhs.gov

b) Office of Procurement Operations/Cynthia Aki (Contracting Officer) E-mail: cynthia.aki@hq.dhs.gov

c) Office for Civil Rights and Civil Liberties /TBD (COR) E-mail: TBD

15. CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://acquisition.gov/comp/far/index.html or for DHS specific clauses at http://farsite.hill.af.mil/VFHSAR1.htm

Federal Acquisition Regulation (FAR) Clauses/Provisions

Homeland Security Acquisition Regulation (HSAR) Clauses/Provisions

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019).

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

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

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved] __X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

___ (iii) Alternate II (Mar 2004) of 52.219-7.

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

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

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

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

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

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

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

__X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

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

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

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

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

___ (iv) Alternate III (May 2014) of 52.225-3.

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

__X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

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

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

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

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

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

__X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

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

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

FAR 52.217-8 OPTION TO EXTEND SERVICES (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 12 months.

(End of clause)

HSAR 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

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

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

The Key Personnel or Facilities under this Contract are:

Contractor personnel to review GAO and OIG Reports (End of Clause)

16. ATTACHMENTS

Attachment A – Non-Disclosure Agreement

17. INSTRUCTIOINS, CONDITIONS, AND NOTICES (this section will be removed after award)

17.1 Instructions to Quoters

FAR 52.212-1 Instructions to Offerors applies to this solicitation and is amended to state the following:

The Government intends to evaluate quotations without discussions with the Quoter. Therefore, the Quoter’s initial quote should contain the Quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if the ordering Contracting Officer determines that is necessary. The Government may reject any or all quotes if such action is in the public interest.

Please refer to solicitation number 70RDAD19Q00000090 on all correspondence. No collect calls or facsimiles will be accepted. Quotations shall be emailed to Francisco Mendoza, Contracting Specialist (CS) at francisco.mendoza@hq.dhs.gov and Cynthia Aki, Contracting Officer (CO) at Cynthia.aki@hq.dhs.gov. Quotes shall be received by 11:00 a.m. ET on September 09, 2019. The CO reserves the right to accept late submissions, before making an award, if it is in the best interest of the Government.

Questions in regard to this solicitation shall be emailed to the CO and the CS by 2:00 p.m. ET on August 26, 2019. The Government recommends that quoters ensure that questions are written to enable a clear understanding as to the quoter’s issues or concerns with the referenced area of the solicitation. The Government reserves the right to answer some or all of the questions submitted. The Government will consolidate all responses to the contractor questions into an amendment and issue the amendment in the form that the solicitation was issued.

In order to receive an award, contractors must be registered in the System for Award Management through sam.gov and have complete Representations and Certifications – Commercial Items at sam.gov or provide a copy of the complete provision FAR 52.212-3 prior to award.

At a minimum, the quote shall include the following or the quoter may be excluded from competition:

1) The solicitation number;

2) The name, DUNS, address, telephone number, and email address of the quoter;

3) The name and contact information of the quoter’s authorized representative to negotiate with the Government;

4) Price and any discount terms of the items and/or services;

5) Acknowledgement of solicitation amendments, if any;

6) Terms of any express warranty;

7) Volume I (Technical) and Volume II (Business) of Section 17.2; and

8) If the terms and conditions of this solicitation are not fully accepted, a statement specifying the extent of agreement shall be included. Quoters that fail to furnish required representations, information, or reject the terms and conditions of the solicitation may be excluded from consideration.

The quote shall be valid at a minimum 30 days from the specified due date of the quotes unless the quote clearly identifies a lesser period; however, the lesser period of validity of the quote shall not be for less than 15 days.

The contractor is limited to submit no more than 20 pages as part of the quotation.

17.2 Evaluation

FAR 52.212-2 -- Evaluation -- Commercial Items applies to this solicitation and is amended to state the following:

Award will be made to a responsible Quoter that provides a quote that is determined most advantageous to the Government, price and non-price factors considered.

The following evaluation factors shall be used to evaluate the quotes: Technical Capability, Past Performance, and Price (will not be rated), presented in descending order of importance. All non-price factors, when combined, are significantly more important than Price. In the event that two or more proposals are determined not to have any substantial technical differences (i.e. are technically equivalent), award may be made to the lowest priced proposal.

Evaluations will be based solely on the quotes submitted. Therefore, Quoters’ initial quotation shall contain the best quote.

The quotes shall consist of two volumes. Volume I shall the technical part of the quote and Volume II shall include the price part of the quote.

Volume I: Technical Quoters’ technical quote shall include sections entitled Technical Capability and Past Performance; each section shall address all technical evaluation criteria. Quoters shall provide specific and detailed responses to all technical requirements. The quote shall clearly demonstrate the Quoter’s understanding of the overall requirement and tasks and convey the Quoter’s ability to provide the required services. Simple statements of compliance without detailed description of how the Quoter will comply with the requirement, may not be considered sufficient evidence that the Quoter can technically meet the requirements of this solicitation.