Amendment 1 - SF30 and Conformed RFP.pdf

(x)

70RDAD20R00000012

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20528-0115 Attn: Nikolai Matoka

DHS/OPO/DEPT.OPS

245 Murray Lane, SW, #0115 Dept. Operations Acquisition Div.

Office of Procurement Operations U.S. Dept. of Homeland Security

06/24/20200001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/22/2020

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

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

The purpose of this solicitation amendment is as follows:

To remove Functional Category 4 – Antibody Test Kits and Testing Services and any references to Functional Category 4 from the attached Request for Proposals (RFP) and

Statement of Work (SOW). Antibody testing is not a requirement at this time. The affected sections of the attached solicitation are marked with a vertical bar to the left. The fully conformed RFP is attached to this SF-30 and the version with markup is attached to the beta.sam.gov post.

There are no changes to Attachments A or B.

Continued ...

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

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

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

Carrie Herndon

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

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

TEL: EMAIL: 202-447-5777 carrie.herndon@hq.dhs.gov

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 78

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

70RDAD20R00000012/0001

All other terms and conditions remain the same.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

RFP No. 70RDAD20R00000012 Conformed to Amendment 1

Schedule B Pricing Table

Pricing for Functional Category 1 Labor (Price Per Hour) Labor

Category Base Option

Option

Option

Option

Pricing for Functional Category 1 Materials

Material Item and Unit of Issue Base Option

Option

Option

Option

Pricing for Functional Categories 2 and 3 (Price Per Kit)

Test Kit Name FC Base Option

Option

Option

Option

Section 1: Supplies or Services and Prices/Costs

1.0 Contract Type

This is an Indefinite Quantity Indefinite Delivery (IDIQ) Contract which will permit Firm Fixed- Price (FFP) and Time and Materials (T&M) orders. This Contract will be issued in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, Part 15, Contracting by Negotiation and Part 16.5, Indefinite Delivery Contracts, for COVID-19 test kits and related services.

2.0 Price

See Standard Form (SF)1449

Section 2: Description of Services/Statement of Work

COVID-19 Testing Solutions

1.0 Background

The Department of Homeland Security (DHS) has the need to administer diagnostic COVID-19 testing. Testing may be conducted with mission critical frontline personnel, persons within our protective custody, law enforcement personnel attending training within our facilities, and persons being repatriated. COVID-19 testing is a critical requirement that will enable DHS’s return to workplace efforts by reducing the risk of exposure to COVID-19.

2.0 Purpose

In support of its mission and strategic goals, DHS requires COVID-19 testing solutions for use throughout the Department and its Components. This Indefinite Delivery Indefinite Quantity (IDIQ) Contract will provide the Department with access to a variety of testing solutions to assist in the screening of multiple populations including, but not limited to, mission critical frontline personnel, persons within our protective custody, and law enforcement personnel attending training within our facilities. COVID-19 diagnostic testing solutions are a critical requirement that will enable DHS to continue to meet agency objectives.

3.0 Scope

The Contractor shall provide DHS with testing solutions that are either FDA authorized or have received the Food and Drug Administration (FDA) Emergency Use Authorization (EUA) for COVID-19. Testing solutions can be point-of-care or laboratory-based solutions, but testing shall occur at point-of-care settings at government designated locations. DHS requires flexibility in testing options to support current and future Concepts of Operations for screening capabilities;

therefore, it is the Government’s desire to acquire various testing solutions to include, but not limited to: managed testing services, molecular diagnostic tests and antigen tests. In addition, the Contractor shall demonstrate proof of test performance data submission and validation from the FDA verifying accuracy of testing results.

For all testing solutions and functional categories, the government requires all the components necessary to administer the tests and for the results to be provided, to include any swabs or collection tools, test cassettes, devices to process tests results on-site or laboratory processing capabilities, transport media (if necessary) that does not impact test efficacy, and medical waste disposal.

As defined in individual orders, COVID-19 testing solutions shall be deployable to support DHS in the continental United States (CONUS), outside of continental United States (OCONUS), and U.S. territories. The Contractor shall furnish the necessary equipment, supplies, personnel, materials, travel, and other services required to satisfy the ordered testing solution requirements.

The scope of this IDIQ is based upon the Contractor’s Functional Category or Categories with specific requirements to be set forth in individual orders.

4.0 Requirements

This section describes DHS’s technical and management requirements and consideration that must be accommodated by the Contractor in the provision of potential testing solutions. These items relate directly to the Purpose and Scope.

Functional Categories (FC)

The Contractor shall furnish a range of COVID-19 diagnostic testing solutions to meet the requirements of this contract and individual orders as related to the functional categories below.

Offerors are not required to have the capability to perform all Functional Categories, they may perform one, more than one, or all. For Functional Category 1, the contractor shall provide the staffing to administer the tests, for Functional Categories 2-4, no contractor staffing to administer the tests is required.

4.1 Functional Category 1 – Managed Testing Services

Managed Services:

The contractor shall provide COVID-19 diagnostic testing and associated services as a managed service, to include on-site screening, testing, and results tracking, on a routine basis at DHS designated locations. The contractor shall provide managed services with FDA approved or FDA EUA test kits or using government furnished test kits. Specific requirements will be stated at the order level. Services shall include:

Provisioning of all personnel, equipment, supplies, facilities, tools, materials, supervision and other items and services necessary to conduct testing and provide results. This includes a requirement to provide Personal Protective Equipment (PPE) for medical personnel administering tests, in accordance with Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) guidelines for “Preferred PPE.”

Additional information may be found here (https://www.cdc.gov/coronavirus/2019-ncov/downloads/A_FS_HCP_COVID19_PPE_11x17.pdf).

The contractor shall:

• Coordinate and plan with designated DHS officials to develop specialized Concept of Operations (CONOPS) for testing services for each order

• Administer an FDA-approved or FDA-EUA COVID-19 test by properly qualified, trained, and licensed (as required) medical personnel

• Return test results in no more than three (3) business days from the time a sample is obtained from the individual

• Package, remove and appropriately dispose of all waste (including Category A medical waste) in accordance with all federal, state, and local regulations and requirements.

• Provide test results electronically to a designated DHS official and/or employee https://www.cdc.gov/coronavirus/2019-ncov/downloads/A_FS_HCP_COVID19_PPE_11x17.pdf https://www.cdc.gov/coronavirus/2019-ncov/downloads/A_FS_HCP_COVID19_PPE_11x17.pdf

• Provide data management and reporting for all test results to include managing, generating, and reporting results for all tested individuals in a format specified by the government

• Provide documentation of an established relationship with a Clinical Laboratory Improvement Amendments (CLIA) certified lab to perform high complexity tests at high volume

• For test kit resellers, provide a letter of supply or authorization on kit manufacturer letterhead to distribute or use test kits.

4.2 Functional Category 2 – Molecular Diagnostic Test Kits and Testing Services

• The contractor shall provide and conduct testing using Molecular Diagnostic test kits that enable DHS to rapidly identify individuals who are or were infected by the virus that causes COVID-19. The contractor shall provide:

• FDA approved or FDA EUA test kits that can be administered (collect sample, perform the diagnostic testing, and deliver the results) in point-of-care settings or perform sample collection at the point-of-care, perform the diagnostic testing at an offsite lab and return the results at the point-of-care

• Tests that detect the presence of one or more SARS-CoV-2 proteins indicating the presence of virus.

• All required reagents, consumables, transport media, components, equipment, or devices necessary to administer the test and process test results or to collect a specimen/sample, manipulate the sample and perform the diagnostic test, and provide a test result in a point-of-care setting

• Proof of test performance data submission and validation from the FDA verifying accuracy of testing results

• Documentation of an established relationship with a CLIA certified lab to perform high complexity tests at high volume received for lab processing

• Training instruction and material suitable to support the deployment, operation, and maintenance of any testing solution by a designated DHS employee

4.3 Functional Category 3 – Antigen Testing Kits and Testing Services

The contractor shall provide and conduct testing using Antigen test kits that enable DHS to rapidly identify individuals who are infected by the virus that causes COVID-19. The contractor shall provide:

• FDA-approved or FDA EUA test kits that can be administered (collect sample, perform the diagnostic testing, and deliver the results) in point-of-care settings or perform sample collection at the point-of-care, perform the diagnostic testing at an offsite lab and return the results at the point-of-care

• Tests that detect fragments of proteins found on or within the SARS-CoV-2 virus by testing samples collected from the nasal cavity or throat using swabs, saliva samples or other approved collection method

• All required reagents, consumables, components, equipment, or devices necessary to administer the test and process test results or to collect a specimen/sample, manipulate the sample and perform the diagnostic test, and provide a test result in a point-of-care setting

• Proof of test performance data submission and validation from the FDA verifying accuracy of testing results

• Documentation of an established relationship with a CLIA certified lab to perform high complexity tests at high volume received for lab processing

• Training instruction and material suitable to support the deployment, operation, and maintenance of any testing solution by a designated DHS employee

4.4 Reporting Test Results

The contractor shall provide:

• A means of communication to permit immediate inquiry regarding the status of any pending test or test result.

• Test results electronically as indicated in each order in an encrypted fashion compliant with DHS requirements. (e.g., e-mail or SFTP).

• A report which is defined as a printed final copy of pathology interpretive consult. Each report shall at a minimum indicate the following information:

o Patient’s name or an anonymized identifier o Test ordered o Date/time of specimen collection o Date/time test completed o Type of specimen source o Test Result

4.5 Computing Integration

The Contractor shall provide a mechanism to order tests, get test results and enable the government to take the appropriate action once the results are provided. The contractor shall be able to accept anonymized patient data to enroll individuals to be tested into a testing queue from Government systems. The contractor shall leverage data exchange techniques to support a secure but “loosely coupled” system architecture and the system shall be able to scale to meet the anticipated DHS wide requirement.

Section 3: Packaging and Marking

3.0 Marking

All packing, packaging and mailing of supplies or materials shall be accomplished in the most economical and efficient manner and in accordance with the best commercial practices.

All information submitted to the Contracting Officer or the Contracting Officer's Representative (COR) shall be clearly marked with the name of the organization/contractor, the IDIQ, Task Order and/or modification number as appropriate, and the identification of the submission.

3.1 Payment of Postage and Fees

All postage and fees related to submitting information under the terms and conditions of the IDIQ, including forms, reports, etc., to the Contracting Officer or the COR, shall be paid by the Contractor.

3.2 Branding

The contractor shall comply with the requirements of any DHS Branding and Marking policies.

As a matter of law, Federal criminal statutes prohibit unauthorized uses of the DHS seal. In addition, DHS policy prohibits granting authorization for certain commercial uses of the seal. It is permissible to reference DHS in materials if the reference is limited to true, factual statements.

The words DHS and/or Homeland Security should appear in the same color, font, and size as the rest of the text in the document. Moreover, such references shall not imply in any way an endorsement by DHS of a product, company, or technology.

Requests to use the DHS seal shall be submitted using DHS Official Seal Usage Approval, available from the COR. The Comments section shall be used to describe why use of the seal is being requested, and how it shall be used. Completed forms shall be sent via e-mail to Branding@hq.dhs.gov, DHS Communication Operations Editor, and to the CO, with a copy to the COR.

mailto:Branding@hq.dhs.gov, Section 4: Inspection and Acceptance

4.1 Inspection and Acceptance

Inspection and acceptance of all items delivered under this IDIQ shall be accomplished by the DHS component issuing the Task Order. Taking physical delivery of deliverable items shall not constitute acceptance. Inspection and acceptance terms in addition to those specified at FAR 52.212-4(a), which is incorporated in this contract, will be specifically identified in each individually awarded Task Order.

Section 5: Deliveries or Performance

5.0 Period of Performance

The period of performance for this IDIQ is a base of one year plus four one year option periods as stated below. All orders shall be issued before the expiration of this IDIQ and may continue after the expiration of the IDIQ period of performance for an additional 12 months.

Base Period: 7/23/2020 – 7/22/2021 Option Period One: 7/23/2021 – 7/22/2022 Option Period Two: 7/23/2022 – 7/22/2023 Option Period Three: 7/23/2023 – 7/22/2024 Option Period Four: 7/23/2024 – 7/22/2025

5.1 Place of Performance

The primary place of performance will be DHS component and component designated locations both CONUS and OCONUS to include the US Territories and will be specified at the order level.

5.2 Hours of Operation

Hours of operation may vary and will be specified at the order level.

5.3 Holidays

The Federal Government observes the following holidays. The contractor may be required to provide services on these days in support of mission critical situations.

• New Year's Day - 1 January

• Martin Luther King's Birthday - Third Monday in January

• Inauguration Day – January 20 (or 21 if 20 is a Sunday)

• Washington’s Birthday - Third Monday in February

• Memorial Day - Last Monday in May

• Independence Day - 4 July

• Labor Day - First Monday in September

• Columbus Day - Second Monday in October

• Veterans Day - 11 November (or as observed)

• Thanksgiving Day - Fourth Thursday in November

• Christmas Day - 25 December

No work shall be performed by Contactor personnel on Government facilities on Federal holidays or other non-work days without prior written approval of the COR.

5.4 Deliverables and Delivery Schedule

All deliverables shall reference the IDIQ and order number. The Government will review all draft and final deliverables, as indicated in the Task Order, to ensure accuracy, functionality, completeness, professional quality, and overall compliance with government policies, regulations, laws, and directives. Written documents shall be concise and clearly written.

5.4.1 IDIQ Level Deliverable:

Item No

Reference Deliverable Due By Recipient

1 Section 7.5 Business Continuity Plan 30 days post award IDIQ CO and

COR

Specific order level delivery and deliverable requirements will be provided at the order level.

5.5 Licensing and Accreditation

The contractor shall perform to the standards in this contract and maintain compliance with policies and procedures with the Health Insurance Portability and Accountability Act (HIPAA) and Clinical Laboratory Improvement Amendments (CLIA) and the College of American Pathologists (CAP) standards. The contractor shall have all licenses, permits, accreditation certificates required by Federal law and State law. Copies of all professional certifications, licensures and renewal certifications shall be provided and updated as needed to the Contracting Officer to include the contractor laboratory's Laboratory Director(s) and/or Medical Director(s).

Medical Director(s) shall have suitable Molecular Genetics qualifications and experience to direct a laboratory providing consultation services under this contract according to CLIA and CAP standards. The contractor shall have personnel assigned to perform the services covered by this contract who are eligible to provide these services and licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by Contractor personnel working under this contract shall be full and unrestricted licenses.

Contractor Personnel assigned by the Contractor to work under this contract shall be licensed by the governing or cognizant licensing board and shall comply with the regulatory requirements of Health and Human Services Health Care Financing Administration (HCFA), Centers for Medicare and Medicaid (CMS). Contractor personnel shall maintain safety and health standards consistent with the requirements set forth by OSHA and the CDC.

The contractor shall notify the Contracting Officer immediately, in writing, if it or any of its subcontractors lose any required certification, accreditation, or licensure.

5.6 Logistics Support

The Contractor shall provide logistics support, as required, for orders under this contract.

Logistics support shall include, but not be limited to, training, spare parts, test measurement diagnostics equipment, tools, manuals and other documentation, initial site development support and follow-on site support. Logistics support requirements for each order will be described in the Task Order Request for Proposal (TORP). The Contractor shall address initial training, spares and documentation requirements as part of its TORP response.

5.7 Waste or Damage

The contractor shall be responsible for replacing kits or elements of its kits at no cost to the government if the kit or any element of the kit is damaged during the testing process without the fault or negligence of the government or its employees. If an element of a test kit (e.g. swab, vial) is lost or damaged by any party during the course of testing the contractor shall replace that element, if doing so will not impact testing efficacy, rather than provide a new test.

5.8 Training

Training shall be provided in accordance with best commercial practices. The Contractor shall provide training to government personnel and third-party contractors, if they are employed by the U.S. Government in the operations and management of the system affected by the order. Unless otherwise specified, training will be provided in accordance with the Contractor’s standard commercial offerings. Training requirements, dates and locations will be coordinated and specified at the order level.

Section 6: Contract Administration Data

6.1 Definitions

The following special definitions are provided for this IDIQ.

6.1.1 IDIQ Contracting Officer (IDIQ CO)

The person with the authority to enter into contracts as defined in FAR 2.101, and who is assigned as responsible for this IDIQ.

6.1.2 IDIQ Contracting Officer's Representative (IDIQ COR)

The Contracting Officer's designated technical representative whose responsibilities apply to the

IDIQ.

6.1.3 Task Order Contracting Officer (TO CO)

The person with the authority to enter into contracts as defined in FAR 2.101, who issues and administers Task Orders under this IDIQ and who is specified in the Task Order.

6.1.4 Task Order Contracting Officer's Representative (TO COR)

The Task Order Contracting Officer's designated technical representative whose responsibilities apply to the specific Task Order issued under this IDIQ and who is specified in the Task Order.

6.2 Minimum Dollar and Maximum Contract Limitation

(a) Minimum. The minimum guaranteed award amount for this IDIQ contract is $150.00 per contractor. Orders beyond the minimum will be determined by user needs. The exercise of the option period does not re-establish the contract minimum.

(b) Maximum. The maximum cumulative dollar ceiling value of all contracts in this multiple award procurement is established at $2 billion.

(c) The Government has no obligation to issue TOs to the contractor beyond the amount specified in subparagraph (a) of this clause. Once the conditions of subparagraph (a) have been met, the contractor will continue to have the opportunity to be issued TO(s) under the Fair Opportunity to Compete provisions in Section 6.8.

6.3 Open Solicitation

To ensure increased competition and access to the latest testing advances, at the Contracting Officer's discretion, this solicitation will remain open for approximately one year with periodic closing dates. This will allow additional interested contractors an opportunity to submit a proposal for a DHS COVID-19 Testing Solutions IDIQ. The Government will award IDIQs to the highest technically rated proposals with a fair and reasonable price as stated in the RFP. The scope and ordering period of subsequent IDIQ awards will not exceed the ordering period of contracts established in the initial evaluation. The open solicitation and any amendments will be posted on beta.SAM.gov.

6.4 Contract Administration

6.4.1 Authorized Users

Only the IDIQ Contracting Officer within the Department of Homeland Security, Office of Procurement Operations is authorized to execute, and modify this IDIQ. DHS component contracting officers are authorized to execute task orders under the IDIQ within their warrant authority.

6.5 IDIQ Points of Contact

The following subsections describe the roles and responsibilities of individuals who will be the primary points of contact for the Government and Contractor on matters regarding administration of this IDIQ as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments.

6.5.1 IDIQ Contracting Officer and Contract Specialist

Attn: Nik Matoka, Contract Specialist MGMT/OPO/DOAD/Mailstop 0115 U.S. Department of Homeland Security 245 Murray Lane, S.W.

Washington, DC 20528-0115

Attn: Carrie Herndon, Contracting Officer MGMT/OPO/Mailstop 0115 U.S. Department of Homeland Security 245 Murray Lane, S.W.

Washington, DC 20528-0115

6.5.1 IDIQ Contracting Officer’s Representative (COR)

Attn: TBD Contracting Officer’s Representative MGMT/Mailstop U.S. Department of Homeland Security 245 Murray Lane, S.W.

Washington, DC 20528

6.6 IDIQ Contracting Officer’s Authority

The Contracting Officer administering this IDIQ has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of this

IDIQ and safeguarding the interests of the United States in its contractual and legally binding agreements. The IDIQ Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this IDIQ and is the only person authorized to approve changes to any of the requirements under this IDIQ, and notwithstanding any provision contained elsewhere in this IDIQ, this authority remains solely with the IDIQ Contracting Officer.

6.7 Preparation of Invoices

Invoices shall be prepared as specified in the individual order and in accordance with FAR 52.212-4(g).

6.8 Ordering

The Government will order any supplies and services to be furnished under this contract by issuing TOs on Optional Form 347, or an agency prescribed form, from the effective date of the contract through the expiration date of the contract. All warranted DHS COs are considered designated ordering officials for this IDIQ.

COVID-19 testing services shall be ordered by the issuance of Task Orders in accordance with Section 6, Paragraph 6.8.1 Task Order Placement Procedures, and FAR Part 52.216-18, Ordering. Ordering offices will be responsible for the issuance, administration, payment, and closeout of the order. All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract shall prevail.

Under no circumstances, will a TO change the requirements of this IDIQ contract. Should the Contract User require such a change, specific approval shall be first obtained from the IDIQ Level CO.

Only Firm-Fixed-Price and Time-and-Materials task orders may be awarded/issued under this

IDIQ.

6.8.1 Task Order Placement Procedures

The contractor's supplies and services shall be obtained through the issuance of TOs. An individual TO will include the appropriate CLINs. TOs will identify the supplies and services required, provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government-Furnished Property (GFP) if applicable) and activate performance.

6.8.1.1 Fair Opportunity Process

The TO CO will solicit proposals from contractors in the appropriate Functional Category (FC) through a solicitation that will include, at a minimum, the following information:

• RFP/RFQ number;

• Date of Task Order Request Package (TORP);

• End User Customer Agency;

• Statement of Objectives (SOO), Statement of Work (SOW) or Performance Work

Statement (PWS) with applicable clauses requiring fill in by TO CO.;

• Instructions for submission of technical and cost/price proposals;

• Evaluation criteria and relative order of importance (if applicable);

• Incumbent contractor, if any;

• Contracting organization POC: name, phone number and e-mail address (TO CO and

Contract Specialist);

• Proposal/Quotation Due Date; and

• Organizational Conflict of Interest Certification Instructions.

Specific evaluation criteria will be identified in the TORP. Task order source selections may be executed based on: evaluation of price alone; lowest price, technically acceptable (LPTA) (only in accordance with Acquisition Alert 20-12); best value tradeoff process; or highest technically rated with fair and reasonable price (HTRRP).

6.8.1.2 Fair Opportunity Exceptions

In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR Part 16.505(b), Orders under Multiple Award Contracts, the TO CO will provide all awardees in the respective FC a "fair opportunity" to be considered for each order in excess of $3,500, unless one of the conditions below applies:

(a) The agency need for such services is so urgent that providing a fair opportunity would result in unacceptable delays.

(b) Only one awardee is capable of providing the supplies and/or services required and quality of services at the required level because the services ordered are unique or highly specialized.

(c) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a Task Order already issued under this contract, provided that all awardees were given a fair opportunity to be considered for the original order (see "Note" below).

(d) It is necessary to place an order to satisfy a minimum guarantee.

If an exception to Fair Opportunity applies, the TO CO prepares a justification based on the exception listed at FAR 16.505(b)(2)(i), subject to approval and posting as specified in FAR 16.505(b)(2)(ii)(C) and (D), respectively. The TO CO will forward a copy of the exception to Fair Opportunity explanation to the IDIQ Level CO and IDIQ Level COR.

Note: If the order is a follow-on to a TO that was not issued under this IDIQ or is a TO for which this IDIQ awardees were not given the opportunity to compete, the logical follow-on exception CANNOT be used.

6.9 Task Order Ombudsman

In accordance with FAR Part 16.505(b)(8), the Task Order Ombudsman has the responsibility to review contractor complaints and ensure that all contractors are afforded a fair opportunity to be considered for each task order, consistent with the ordering procedures in the contract.

The Component Task Order Ombudsman is responsible for reviewing complaints from contractors on task and delivery orders, and if any corrective action is needed, shall provide a written determination of such action to the Task Order Contracting Officer.

Issues that cannot be resolved within the Component shall be forwarded to the DHS Task Order Ombudsman for review and resolution. The DHS Task Order Ombudsman is also the DHS Competition Advocate.

The contractor should contact the component HCA with any complaint regarding a TO issued by a non-DHS procurement office on behalf of a DHS component.

The complete list of Ombudsmen can be found on DHS Open for Business at:

https://www.dhs.gov/competition-advocates-and-task-order-and-delivery-order-ombudsman

6.10 Small Business Considerations

Task order set-asides will be discretionary when the conditions in FAR 19.502-2 [the rule of two] and the specific program eligibility requirements are met at the time of order set-aside.

6.11 Contract and Delivery Order Management

Contract and Order management is a mandatory contractor requirement for all IDIQ holders and orders placed under this IDIQ. The objective of contract and order management is to provide the program management, project control, and contract administration necessary to manage a high-volume order process so that the cost, schedule, and quality requirements of each order are tracked, communicated to the government, and ultimately attained. The use of commercially available automated tools and the application of expertise on processes and metrics that support order management are encouraged to achieve the above objectives. The objective of the tools is to provide quicker access, improved accuracy, and enhanced accessibility for Contractors/clients;

real-time monitoring of status/deliverables; tracking of the quality of work products; and gauging of overall customer satisfaction.

Section 7: Special Contract Requirements

7.0 Reporting Waste, Fraud, Abuse and Theft

The Contractor shall notify the Task Order Contracting Officer and the Task Order COR of any instances of suspected waste, fraud, abuse, loss, or theft of Contractor or Government-furnished property by employees or subcontractors performing the scope of work under the Task Order.

Anyone who becomes aware of the existence of fraud, waste and abuse in DHS funded programs is encouraged to report such matters to the DHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll-free number is 1-800-323-8603. All telephone calls will be handled confidentially. The web address is https://www.oig.dhs.gov/hotline and the mailing address is:

DHS Office of Inspector General/MAIL STOP 0305 Attn: Office of Investigations - Hotline 245 Murray Lane SW Washington, DC 20528-0305

7.1 Travel

Travel may be required at the order level. If travel is required, the terms and conditions of the travel will be identified in the order and shall adhere to federal travel regulations.

7.2 Modification Authority

Notwithstanding any of the other clauses of this IDIQ, the IDIQ Contracting Officer shall be the only individual authorized to modify any term or condition of this IDIQ.

7.3 Additional Terms and Conditions

Additional General Terms and Conditions may be identified and incorporated for each Task Order.

7.4 Standard Conduct at Government Installations

The Government may, at its sole discretion (via the Contracting Officer), 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.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency conduct, appearance and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is also responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones except as authorized.

In performing on-site work under this contract on a Government installation or in a Government building, the Contractor shall:

• Conform to the specific safety requirements established by a Contract.

• Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.

• Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel connected in any way with performance under this contract.

• Take such additional immediate precautions as the Contracting Officer or COR may reasonably require for safety and accident prevention purposes.

7.5 Business Continuity Plan

The contractor shall prepare and submit a Business Continuity Plan (BCP) to the Government.

The BCP shall be due thirty (30) days after the date of award and will be updated on an annual basis. The BCP shall document contractor plans and procedures to maintain support during an emergency, including natural disasters, pandemics, and acts of terrorism. The BCP, at a minimum, shall include the following:

• A description of the contractor’s emergency management procedures and policy

• A description of how the contractor will account for their employees during an emergency

• How the contractor will communicate with the Government during emergencies

• A list of primary and alternate contractor points of contact, each with primary and alternate:

• Telephone numbers

• E-mail addresses

Individual BCPs shall be activated immediately after determining that an emergency has occurred. The BCP shall be operational within 24 hours of activation or as directed by the Government and shall be sustainable until the emergency is resolved and normal conditions are restored or the contract is terminated, whichever comes first. In case of a life threatening emergency, the COR shall immediately make contact with the contractor project manager to ascertain the status of any contractor personnel who were located in Government controlled space affected by the emergency. When any disruption of normal, daily operations occurs, the contractor project manager and the COR shall promptly open an effective means of communication and verify:

• Key points of contact (Government and contractor)

• Temporary work locations (alternate office spaces, telework, virtual offices, etc.)

• Means of communication available under the circumstances (e.g., email, telephone, courier, etc.)

• Essential contractor work products expected to be continued, by priority

The Government and the contractor project manager shall make use of the resources and tools available to continue contracted functions to the maximum extent possible under emergency circumstances. Contractors shall obtain approval from the Contracting Officer prior to incurring costs over and above those allowed for under the terms of this contract.

7.6 Revocation of EUA

The contractor shall immediately notify the IDIQ CO if their FDA authorization or EUA is revoked. If an IDIQ holder’s FDA authorization or FDA EUA is revoked, the government may terminate their IDIQ in accordance with FAR Part 12.403.

7.7 Employee Identification

Contractor employees visiting Government facilities shall wear an identification badge as provided by Government security personnel. Visiting Contractor employees 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.

Contractor employees working on-site at Government facilities shall wear a Government issued identification badge. 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, etc.) and display the Government issued badge in plain view above the waist at all times.

7.8 Post-Award Instructions Regarding Security Requirements for Non-Classified Contracts/Orders

The procedures outlined below shall be followed for the DHS Office of the Chief Security Officer (OCSO), Personnel Security Division (PSD) to process background investigations, Entry on Duty determinations, and Fitness determinations, as required, in a timely and efficient manner.

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

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 OCSO/PSD.

Prospective contractor employees shall submit the below completed forms to the DHS OCSO/PSD. The Standard Form (SF) 85-P must be completed electronically through the Office of Personnel Management’s e-QIP SYSTEM. The SF-85P signature pages and other completed forms must be given to the OSCO/PSD no less than thirty (30) days before the start date of the contract or thirty (30) days prior to the requested entry on duty date, for all contractor employees whether a replacement, addition, subcontractor employee, or vendor:

• Standard Form (SF) 85-P, ―Questionnaire for Public Trust Positions‖

• SF-85P Certification

• SF-85P Authorization for Release of Information

• 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 OCSO/PSD. Specific instructions on submission of packages will be provided upon award of the contract.

The DHS OCSO/PSD may, as it deems appropriate, authorize and grant a favorable Entry on Duty (EOD) decision based on preliminary checks. A favorable EOD decision allows a contractor employee to commence work temporarily prior to the completion of the full background investigation. The granting of a favorable EOD decision shall not be considered as assurance that a favorable Fitness determination will follow. In addition, a favorable EOD or Fitness determination shall in no way prevent, preclude, or bar DHS from withdrawing or terminating access to 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 or Fitness determination by the DHS OCSO/PSD.

Limited access to Government buildings is allowable without an EOD decision if the Contractor is escorted by a Government employee and the purpose of the visit is to attend a limited number of required briefings or nonrecurring meetings in order to facilitate the transition of a contract.

The intent of this statement is to allow a minimum amount of meeting/transition attendances to prepare for the new contract.

The DHS OCSO/PSD shall be notified of all terminations/resignations within five (5) days of occurrence. The Contractor shall return to the Contracting Officer’s Representative (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 whom it was issued and the last known location and disposition of the pass or card.

Failure to follow these instructions may delay the completion of background investigations, EOD and Fitness determinations. Note that any delays in this process, which are not caused by the Government, do not relieve a contractor from performing under the terms of the contract.

Your POC at the Security Office is:

DHS OCSO/PSD Security Customer Service Center Telephone: (202) 447-5010 E-mail box: officeofsecurity@hq.dhs.gov mailto:officeofsecurity@hq.dhs.gov

Section 8: Contract Clauses

8.0 Clauses Incorporated by Reference

This document also includes one or more clauses by reference with the same force and effect as if they were given in full text in accordance with the Federal Acquisition Regulation (FAR) Clause 52.252-2, “CLAUSES INCORPORATED BY REFERENCE.” 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/far/ or for DHS specific clauses at https://www.dhs.gov/publication/hsar

Clause Clause Title Date Federal Acquisition Regulation (FAR) 52.202-1 Definitions Nov 2013

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-7 System for Award Management Oct 2018 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.212-4 w/Alternate I

Contract Terms and Conditions- Commercial Items Oct 2018

52.227-14 Rights in Data-General May 2014 52.233-1 Disputes May 2014 52.237-3 Continuity of Services Jan 1991 52.242-15 Stop Work Order Aug 1989 52.245-1 Government Property Alternate 1 Apr 2012

Clause Clause Title Date Homeland Security Acquisition Regulation (HSAR) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract

Work Dec 2003

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility Dec 2003

8.1 Clauses Incorporated by Full Text

8.1.1 FAR Clauses Incorporated in Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAR 2020) (DEVIATION APR 2020)

(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 http://acquisition.gov/far https://www.dhs.gov/publication/hsar

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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(l)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.]

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

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

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

_ (5) [Reserved].

_x_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

_x_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 610lnote).

_x_ (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 (Mar 2020) (15 U.S.C.657a).

_ (ii) Alternate I (Mar 2020) of 52.219-3.

_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_ (ii) Alternate I (Mar 2020) of 52.219-4.

_ (13) [Reserved] _ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

_ (ii) Alternate I (Mar 2020).

_ (iii) Alternate II (Nov 2011).

_ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

_ (ii) Alternate I (Mar 2020) of 52.219-7.

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

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

_x_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (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 (Mar 2020) of 52.219-9.

_ (v) Alternate IV (Aug 2018)…