Attachment 1 - Performance Work Statement - TSA EWR Janitorial Services.pdf
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- Attached to
- Janitorial Services for TSA EWR
- Solicitation number
- 70T01024Q7668N001
About this file
This request for quote solicits janitorial and pest control services for leased spaces located at Newark Liberty International Airport. The Transportation Security Administration requires services including cleaning, trash removal, pest control, and floor stripping and buffing for approximately 16,886 square feet of leased office, training room, and break space. Quotes are due by January 25, 2024 to the TSA Contract Specialist with pricing in firm-fixed price format. This procurement is set aside for eligible Service-Disabled Veteran Owned Small Businesses. The applicable NAICS code is 561720 and the Product Service Code is S201.
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Performance Work Statement (PWS)
Janitorial Services for the Transportation Security Administration (TSA) at the Newark Liberty International Airport (EWR)
1.0 Organization
Government Entity:
Transportation Security Administration (TSA) Enterprise Support Security and Administrative Services (SAS) 6595 Springfield Center Drive Springfield, VA 20598
Service Location:
Newark Liberty International Airport (EWR) 10 Toler Place
Newark, New Jersey 07114
2.0 Background and Objectives
Janitorial services and pest control are required TSA leased space areas at the Newark Liberty International Airport (EWR) in Newark, NJ. TSA currently occupies approximately 15,965.23 (note will increase to 16,886.23 square feet starting in Option Period 1) square feet of leased space. The space is dedicated to training rooms, supervisor offices, bathrooms, and break rooms. The Contractor shall provide janitorial services seven (7) days a week, for the space occupied by the TSA at EWR.
3.0 Scope of Work
The Contractor shall provide all labor (as specified herein), oversight, uniforms and cleaning supplies including trash receptacle liners necessary for the janitorial maintenance service of TSA- occupied leased space at EWR seven (7) days a week for approximately 15,965.23 (note will increase to 16,886.23 square feet starting in Option Period 1) square feet. The contractor is responsible for providing services that will keep the areas free of spills, dirt and debris. The Contractor is responsible for removing trash from the facility and disposing of trash in dumpsters located on airport property. The pest control should include all leased areas. An initial application should be placed for small insects and monthly maintenance is required afterward. The contractor shall ensure the facilities are cleaned according to all health, safety, and industry standards. In addition, the contractor will strip and buff tile floors as necessary when screening nodes or leased space is redesigned/reconfigured or when screening equipment and/or furniture is removed or re located.
Janitorial services are required seven (7) days a week. TSA requires janitorial services which includes cleaning and trash removal with minimum staff requirements: a minimum staff of eight (8) Janitors: two
(2) janitors and two (2) working supervisors each shift. Each shift shall be four (4) hours each, for a total of eight (8) hours per day, between the hours of 6:00 a.m. and 5:00 p.m.
4.0 Technical Requirements
4.1 LEASED SPACE:
Daily (Once a day unless otherwise noted):
Empty all trash from receptacles and remove along with other boxes or articles appropriately marked “Trash” that is placed near the trash receptacles. Insert new liners in trash receptacles.
Completed twice per day.
Sweep and dust mop all hard surface floors and ensure they are free of spills, dirt and debris, including under safety or walk off mats.
Clean tables, countertops, outside surfaces of all appliances, water fountain(s), sinks and all fixtures ensuring they are free of spills, dirt, dust and debris.
Vacuum carpeted floors.
Clean all interior glass doors/panels.
Damp mop restroom floors with anti-bacterial cleaner and ensure they are free of spills, dirt and debris.
Clean restrooms using a germicidal cleaner on wash basins, countertops, commodes, urinals, doors and partitions.
Replenish restroom with contractor-supplied consumables. All recyclables are to be properly placed in compactor or other required container specified by The Port Authority of New York and New Jersey (“The Port Authority”).
Weekly (Once a day unless otherwise noted):
Damp mop all hard surface floors and vacuum carpeted floors (twice weekly).
Clean and disinfect all trash receptacles.
Dust office furniture, chair rails, window sills, or office ledges.
Monthly:
Shampoo carpet.
Clean air conditioning intake vents.
Replace light bulbs as needed (as required).
The pest control should include all leased areas. An initial application should be placed for small insects and monthly maintenance is required afterward.
Bi-Annually:
Strip, wax and buff hard surface floors.
Please Note: Office space shall be carefully cleaned so that normal staff operations, work papers and/or office equipment are not disturbed.
5.0 Quality Control
5.1 The Contractor shall draft and implement a formal Quality Assurance Plan that addresses all the services to be performed as described herein.
The Quality Assurance Plan, at a minimum, shall detail the processes and quality control measures the Contractor will implement to successfully meet the Government’s requirements for janitorial services.
This includes:
Shift Checklists: Which allow the Contractor to annotate the date and time that each of the required tasks is performed. Also, the following statement must be incorporated in the checklists for daily Government verification (by written annotation): “Performance meets the PWS requirements, including the requirement that the area is free of spills, dust, dirt, and debris upon completion of scheduled cleaning hours”. This will allow TSA to monitor whether the tasks are being completed in accordance with the contract’s terms. One checklist per service area shall be maintained.
5.2 The Contractor shall submit a draft of their Quality Assurance Plan to the Contracting Officer’s Representative (COR) with an emailed copy to the Contracting Officer within 10 business days after award. The COR will review and provide comments, if necessary, which shall be incorporated into the vendor’s Final Quality Assurance Plan submission. The Contractor shall address the COR’s comments and re-submit the Quality Assurance Plan for approval within three (3) business days of receipt of the COR’s comments. (See Deliverables #1 and #2)
6.0 Minimum Labor Standard
The work described herein shall be performed by the minimum requirement of four (4) janitorial personnel and four (4) working supervisors within the schedule outlined below. The minimum labor standard is illustrated in the charts below:
Minimum Requirement (Janitors)
Shift # of Personnel
Hours Hours per Shift
# Days per Year
Total hours per Year
Leased Space - Shift 1 (6:00 am – 10:00 am)
4 4 4 365 5,840
Leased Space - Shift 2 (1:00 pm – 5:00 pm)
4 4 4 365 5,840
Combined Shift Totals 8 8 8 11,680
7.0 Deliverables
Deliverables are to be submitted electronically in Microsoft Excel or Word 2016 format.
No. Deliverables Due Date Recipients
1 Draft Quality Assurance Plan with Checklists
10 business days after award Field POC/COR/CO
2 Final Quality Assurance Plan with Checklists
Three (3) business days after the Government’s comments are received Field POC/COR/CO
8.0 Contractor Furnished Resources
The Contractor shall furnish all supplies and equipment necessary to accomplish tasks as stated in this PWS.
The Contractor shall use products and materials made from biodegradable based materials to the maximum extent possible without jeopardizing the intended use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable federal specifications and standards.
The Port Authority of New York and New Jersey (PANYNJ) has a recycling Program. For this requirement, recycling is only performed in Terminal B, Concourses 2&3. Recycling materials consist of clean mixed office paper, glass, plastic, aluminum cans, and cardboard. Clear bags are provided by PANYNJ for recyclable items, and the contractor shall be responsible for placing the items in marked bins in designated areas in the terminals. The contractor shall separate cardboard items from other recyclable items and dispose in recycle compactors in a designated area of the airport.
The Contractor shall use products and equipment consistent with FAR clause 52.223-10 Waste
Reduction Program (August 2000). Accordingly, all products shall be considered environmentally beneficial and/or recycled, phosphate-free, non-corrosive, non-flammable, and fully biodegradable. The Contractor shall minimize the use of harsh chemicals that may release irritating fumes.
All paper based products used by the Contractor shall contain recycled content conforming to EPA specifications.
9.0 Government Furnished Resources
There are no Government furnished resources on this contract. The Contractor will make arrangements directly with EWR for access to trash disposal, water, storage space and other resources necessary to provide janitorial services at TSA locations within this airport. Trash may be disposed on airport grounds.
Dumpsters/compactors for airport generated trash are located at the beginning or end of each terminal.
The Contractor will be responsible for contracting directly with the Airport for storage space. The storage space may only contain supplies and equipment necessary and related to the performance of this contract.
TSA is not responsible for providing the following requirements and access rights. The Contractor must comply with all airport requirements throughout the life of this purchase order.
Access to water. Water can be accessed in all terminals.
Access to water closets to dump waste water or wash/rinse tools. The housekeeping closets are kept locked; the contractor is responsible for obtaining keys from the airport authority.
Access to waste/trash area. The compactor for airport generated trash is located at the beginning or end of each terminal. Access to some compactors is locked. The contractor is responsible for obtaining keys from the airport authority.
Tote carts: Maid carts, water and leak proof, 44-gallon wheeled totes with apron pockets for supplies (recommended), tote cart wheels must remain clean at all times to preserve the airports carpeted floors. There is no automated compactor tipper available. All trash must be manually loaded into the hopper.
Pest Control. EWR restricts the type of insect and rodent treatments which may be employed.
Contact EWR to determine current requirements.
10.0 Security Requirements
Contractor employees are required to meet all airport security screening requirements, including a criminal history, background, and fingerprint check. Additionally, Contractor employees working in this facility require a Secure Identification Display Area (SIDA) badge. In order to receive a SIDA badge Contractor employees must successfully complete SIDA requirements as required by EWR.
SIDA badges shall not be shared or transferred between employees. These security requirements shall be met prior to the start of the contract and prior to start of work by new employees. The Contractor is responsible for all fees associated with security requirements. At least 10 days prior to any staff change (addition or replacement), the Contractor must notify the COR and/or Technical Monitor of the change. The purpose of this notification is to maintain the integrity of security access and compliance with security requirements. The Contractor is responsible for obtaining all SIDA badges from the EWR.
11.0 Business Requirements
The Contractor is responsible for all costs associated with this PWS, including all security clearance, badging, and parking fees. The Contractor shall meet and maintain any insurance and bonding requirements established by the EWR Airport Authority for doing business on airport property. The Contractor is responsible for maintaining any required state or federal license or permits required for the performance of the work required herein. The Contractor shall also maintain statutory requirements, including Workmen’s Compensation Acts. In addition, the Contractor shall be responsible for EWR security clearances and badging per individual working at the airport. Any security clearances, badging and parking fees are the responsibility of the Contractor.
This contract is subject to the Service Contract Act of 1965. Compliance with the Department of Labor’s Service Contract Act Wage Determination is required. The Wage Determination is included as an attachment.
12.0 Emergencies
Under no circumstances shall the Contractor touch, smell, or attempt to clean up hazardous substances. The Contractor is not a first responder; a first responder is a qualified official who has specific training in resolving hazardous material situations.
Biohazards are not a requirement under this PWS. If there is blood, vomit, urine, feces, bodily fluids, tissue, or organs involved in a spill, do not clean such a spill, as this is the airport authority’s responsibility.
13.0 Quality Assurance Surveillance Plan
TSA personnel will verify whether the information in the vendor’s submitted checklists are complete and accurate and the service areas are free of spills, dust, dirt, and debris upon completion of scheduled cleaning hours. Periodic inspection will be conducted.
14.0 Performance Requirements Summary
Performance standards for this contract are outlined below.
Objective Required Services Performance Standards
Surveillance Plan
Provide janitorial services in accordance with the Government’s requirements seven (7) days a week, 365 days per year for the leased spaces occupied by TSA at EWR.
Quality: Shall keep all service areas free of spills, dirt, and debris; remove garbage from the facility in accordance with airport policies;
apply pest control in all service areas;
and complete all daily, weekly, monthly, and bi-annual services as required per PWS Section 4.1.
The Contractor’s performance is 95% compliant with the PWS requirements and the approved Quality Assurance Plan as documented by the shift checklists.
Periodic Inspection. TSA will review the shift checklist(s) submitted by the Contractor to verify whether services rendered are in accordance with the PWS and the approved Quality Assurance Plan.
Schedule: Shall provide janitorial services in accordance with the shift schedule identified in PWS 6.0; and provide services seven (7) days a week, 365 days per year.
The Contractor’s performance is 95% compliant with the shift schedule identified in PWS 6.0;
and no more than three (3) instances in a 12-month period where shifts are missed.
100% Inspection. Non-compliance will be documented.
Management: Shall maintain the minimum labor standard identified in PWS 6.0; comply with all Federal, State, and Airport policies and regulations; and utilize biobased products as mandated by the USDA’s BioPreferred® Program.
The Contractor’s performance is 95% compliant with the PWS requirements; 100% compliant with all Federal, State, and Airport policies and regulations; and 95% compliant with the requirement to utilize Biobased products.
Periodic Inspection by TSA. Non-compliance will be documented.
[End of Performance Work Statement]
Appendix 1 – Service Location Summary
The service locations for this purchase order are outlined below:
Terminal Area Description
*Approx.
Square
Feet
A
Departures Level 3 - North
Storage Room_ 85 sq. ft. (Room 3-23-03) 85.00 TSM Office 160 SF (Room 3-13-26) 160.00 Conference Room 150 sf (Room 3-13-25) 150.00
Corridor TSA Exclusive 610 sq. ft. (Room 3-13-20) 610.00 LTSM Office 106 SF (Room 3-13-19) 106.00
Female Restroom 54 sq. ft. (Room 3-13-17) 54.00
Male Restroom 72 sq. ft. (Room 3-13-16) 72.00 Uniform Storage 226 sf (Room 3-13-15) 226.00
TSA Lockers 673 sq. ft. (Room 3-13-24) 673.00
TSA Breakroom 982 sq. ft. (Room 3-13-22) 982.00
Total Sq. Ft. Departures Level 3 - North 3,118.00
Departures Level 3 - South Training Room 90 sf (Room 3-25-01) 90.00 Training Room 828 sf (Room 3-16-24) 828.00
Corridor TSA Exclusive 618 sq. ft. (Room 3-16-22) 618.00 DAFSD Office 110 SF (Room 3-16-19) 110.00
TSA Storage 198 sq. ft. (Room 3-16-23) 198.00
Female Restroom 54 sq. ft. (Room 3-16-20) 54.00
Male Restroom 72 sq. ft. (Room 3-16-21) 72.00
Total Sq. Ft. Departures Level 3 - South 1,970.00
Arrivals Level 1
Storage Room 90 sq. ft. 90.00
Managers Office - 283 sq. ft. 283.00
Total Sq. Ft. Arrivals Level 1 373.00
Total Sq. Ft. Terminal A 5,461.00
B
B-Lower Level
Training Room
2,791.00
TSSE - 800 sq. ft.
800.00
Gate 61 (Ramp) - 2268 sq. ft. (See Note #1)
2,268.00
Total B-Lower Level 5,859.00
B-1 Checkpoint - (MOU)
Break Room - 502.5 sq. ft.
502.50
Training Room - 840 sq. ft.
840.00
STSO Office - 129.16 sq. ft.
129.16
Break Room – lower level - 532 sq. ft.
532.00 Total B-1 Checkpoint - (MOU) 2,003.66
B-2 Checkpoint - (MOU)
Manager’s Office - 289.66 sq. ft. 289.66
B2 Breakroom - 201.5 sq. ft. 201.50
STSO Office - 101 sq. ft. 101.00
DAFSD Office - 92.58 sq. ft. 92.58 Total B-2 Checkpoint - (MOU) 684.74
B-3 Checkpoint - (MOU)
STSO Office - 240.33 sq. ft. 240.33
B3 Breakroom - 57.5 sq. ft. 57.50 Total B-3 Checkpoint - (MOU) 297.83
Total Sq. Ft. Terminal B 8,845.23
C
Terminal C (United) - TSA Administrative Space
Training
1,659.00
K-9 DAFSD Screening Breakroom
STSO
TSM
Total Sq. Ft. Terminal C (See Note #2 below) 1,659.00
Total Approx. Sq. Ft. (See Note #3 below) 15,965.23
Note #1: This area is in use but not occupied. Still waiting for IT connectivity.
Note #2: This space will increase from 1659 sq. ft. by 921 sq. ft. to 2,580 sq. ft. in Option Period 1 and beyond.
Note #3: The total square footage will increase from 15,965.23 sq. ft. by 921 sq. ft. to 16,886.23
sq. ft. starting in Option Period 1.
Appendix 2 – Additional Purchase Order Requirements
TSA-RQMTS; CONTRACTOR PERSONNEL ACCESS TO TSA FACILITIES,
INFORMATION AND / OR SYSTEMS (SEP 2020)
A. All Contractor personnel requiring access to TSA facilities, information systems, and/or information will be subject to the security procedures set forth in this contract.
B. All contractor employees seeking to provide services to TSA under a TSA contract are subject to a fitness determination to assess whether their initial employment or continued employment on a TSA contract protects or promotes the efficiency of the agency. TSA, by and through the Law Enforcement/Federal Air Marshal Service’s, Personnel Security Section (PerSec), will allow a contractor employee to commence work on a TSA contract only if a review of the contractor employee’s preliminary background check is favorable. Contractor employees with unfavorable preliminary background checks will not be allowed to work on a TSA contract.
C. A fitness determination involves the following three phases: 1. Phase 1: Enter On Duty Fitness Determination: a review of a contractor employee’s consumer credit report, criminal history records, and submitted security forms to determine, to the extent possible, if the contractor employee has bad debt and/or criminal offenses and/or falsification issues that would prohibit employment as a TSA contractor. This determination may include verification of citizenship for contractor employees born outside of the United States. A favorable Enter On Duty Suitability Determination is not a final fitness determination; rather, it is a preliminary review of external data sources that allows the contractor employee to commence work prior to the required background investigation being completed. When a contractor employee is deemed eligible to commence work on a TSA contract, TSA PerSec will notify the appropriate Contracting Officer’s Representative (COR) of the favorable determination. Similar notifications will be sent when a contractor employee has not passed the preliminary background check and has been deemed unsuitable. 2. Phase 2: Background Investigation: Once the contractor employee commences work on a TSA contract, TSA PerSec will process all submitted security forms to determine whether the contractor has previously been the subject of a federal background investigation sufficient in scope to meet TSA minimum investigative requirements. Contractor employees who have a federal investigation sufficient in scope will immediately be processed for final fitness adjudication. Those contractor employees who do not have a previous federal background investigation sufficient in scope will be scheduled for the appropriate level background investigation through the National Background Investigations Bureau. 3. Phase 3: Final Fitness Adjudication: TSA PerSec will complete the final fitness determination after receipt, review, and adjudication of the completed background investigation. The final fitness determination is an assessment made by TSA PerSec to determine whether there is reasonable expectation that the continued employment of the TSA contractor will or will not protect or promote the efficiency of the agency. An unfavorable final fitness determination will 12 result in a notification to the COR that the contractor employee has been deemed unfit for continued contract employment and that he/she shall be removed from the TSA contract.
D. The period of performance may begin 60 days after contract award to allow for the Enter On Duty Fitness Determination. A contract modification shall be executed to revise the period of performance once the determination process is completed. For Fixed price awards, in the event of staggered completed determinations the parties may negotiate fixed monthly rates so that performance can begin with partial staff.
E. Whenever personal identity verification (PIV) cards are required for issuance or re-issuance to contractor personnel for authorized access to Government facilities, under the guidance of the Contracting Officer’s Representative (COR), the Contractor is responsible for making all arrangements for affected Contractor personnel to report in-person at the nearest Government issuing facility to initiate and complete procedures for PIV card issuance. The Government will not be able to provide PIV card issuance at any other locations than those officially designated as available. PIV card issuing facilities that are available for the completion of this requirement for TSA contractors are as listed by the TSA Personnel Security Section, and the COR will advise the Contractor about Government PIV card issuing facility locations that are nearby the contractor’s location(s) of performance that will be potentially available for card issuance when required.
TSA-RQMTS; REQUIREMENTS FOR CONTRACTOR EMPLOYEES PERFORMING AT
OR IN AIRPORT LOCATIONS (SEP 2020)
Contractor employees are required to meet:
A. all airport security screening requirements which include criminal history, background and fingerprint check. Contractor employees working in this facility will be required to obtain, possess and display a Secure Identification Display Area (SIDA) badge in accordance with the airport’s physical and personnel security requirements. The Contractor is responsible for any fees associated with obtaining and/or replacing SIDA badges. For further information regarding Security Requirements, please contact the Port Authority of New York and New Jersey at Newark Liberty International Airport (EWR).
B. The contractor shall obtain all necessary permits and approvals from regulatory authorities at the airport location(s) to allow for the timely completion of the work required under the contract.
For further information regarding Permitting Requirements, please contact the Port Authority of New York and New Jersey at Newark Liberty International Airport (EWR).
C. The Contractor must have approved insurance on file with the Port Authority of New York and New Jersey at Newark Liberty International Airport (EWR). The Contractor is required to procure at its own expense, and keep in effect at all times during the term of the contract, the types and amounts of insurance specified. Typically, companies whose work is performed within buildings and terminals are required to have an approximately $2 – 5 million for commercial general liability and nothing for automobile unless Contractor employees are driving on the Airport Operations Area (AOA). These amounts are provided as an approximate value, the actual types and amounts of insurance required will be set on an individual basis by the Port Authority of New York and New Jersey based upon the company’s scope of work and airport access required. The minimum insurance limit requirements must be coordinated between the Contractor and Port Authority of New York and New Jersey at Newark Liberty International Airport (EWR) after award. Air Carrier Operating Permits and Leases may have additional insurance coverage requirements.
TSA-RQMTS; PERFORMANCE STANDARDS (SEP 2020)
Adherence to Standards. The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. See TSA Management Directive (MD) 1100.73-5, Employee Responsibilities and Code of Conduct. Contractor employees performing work under this contract shall not: -Solicit new business (on-site at government spaces, or while on work during periods paid by Government) while performing work under the contract; -Conduct business other than that which is covered by this contract during periods paid by the Government; -Conduct business not directly related to this contract while on Government premises; -Use Government computer systems or networks, Government property or materials, and/or Government facilities for company or personal business; -Recruit while on Government premises or otherwise act to disrupt official Government business while on Government premises. -Discuss with unauthorized persons any information obtained during the performance of work under this contract. -Engage in harassment. See TSA MD 1100-73.3 Anti-Harassment Program.
Reporting Matters.
Illegal, and Unethical, or Inappropriate Conduct. The Contractor, and its employees shall immediately report to the Contracting Officer and/or Contracting Officer’s Representative, any illegal, or unethical, or inappropriate conduct observed, noticed, or discovered while on Government premises or during periods paid by the Government under this contract, without regard as to the source of such conduct (except that any matter involving only contractor employees, apart from any Government requirements or the specific requirements of this contract, is deemed to be strictly the concern of the Contractor). The Contractor shall immediately report to the Government all actual or suspected violations of Government information, personnel, or physical security requirements. The Contractor shall fully comply with all of the reporting requirements that are expressed for specified circumstances and issues 25 identified in discrete Federal Acquisition Regulation or Homeland Security Acquisition Regulation terms in force under this contract.
Emergency Situations While on Government Premises. Contractor employees shall immediately report any emergency situations they may witness (any circumstance where actual or potential loss of life, serious injury, or critical damage to property, or other serious incidents, such as fires, or workplace violence, terrorist activities, or other criminal behavior is occurring) per standing TSA procedures while they are performing under contract in government facilities.
CONTRACTOR’S RESPONSIBILITY FOR ASSIGNED SPACE, 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 and 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. The Contractor is responsible for maintaining all assigned space(s) in a clean and orderly fashion during the course of this contract. All telephones are for conducting official Government business only.
PERSONAL SERVICES
“Personal services” are those in which contractor personnel would appear to be, in effect, Government employees via the direct supervision and oversight by Government employees. No personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor of the Contractor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.
The Contractor shall not perform any inherently Governmental actions as defined by FAR 7.500.
No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change any contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.
The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this term.
TSA-RQMTS: CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM
(CPARS) (SEP 2020)
In accordance with FAR 42.15, the Transportation Security Administration (TSA) is required to report the contractor’s performance under contract. The TSA reporting thresholds, in accordance with the Department of Homeland Security’s (DHS) FAR class deviation, is $1,000,000 for contracts and orders for services, and $500,000 for contracts and orders for supplies. In order to support thorough and timely Contractor Performance Assessment Reporting System (CPARS) reports, the contractor shall provide a self-assessment of their performance within 10 days after the end of the base period and within 10 days after the end of any exercised option period(s) of the contract. The contractor shall provide a detailed narrative for each of the relevant evaluation areas (Quality, Schedule, Cost Control, Management, Utilization of Small Business, and Regulatory Compliance). The contractor may also provide their own self-assessment rating (Exceptional, Very Good, Satisfactory, Marginal or Unsatisfactory) per FAR Table 42-1 for each area for Government consideration.
The following are elements to be addressed in each area in order to support the narrative and any self rating: • Quality: Requirements; conformance to specifications; workmanship; accurate reports/data. • Schedule: Milestones; delivery schedules; administrative requirements; schedule variance. • Cost Control: Causes and contractor-proposed solutions for cost overruns/underruns;
contractor adherence to total estimated cost; billings current, accurate, and complete. (Not required to be addressed for Fixed Price type contracts unless specifically required elsewhere in the contract) • Management: Contractor oriented toward customer; interaction between contractor and Government; adequacy of the contractor’s accounting, billing, estimating systems and management of Government Furnished Property (GFP); effort devoted to managing subcontractors; risk management practices; supporting key personnel; replace key personnel as necessary. • Utilization of Small Business: Small business participation goals stated in contractor/order; achievement on each individual goal stated within contract/order or subcontracting plan including good faith efforts if goal was not achieved. • Regulatory Compliance: Contractor complied with contract clause requirements; complied with reporting requirements; complied with Quality Assurance Surveillance Plan (QASP); complied with specifications, reporting into databases as required under the contract, and reporting requirements in response to the solicitation provisions and clauses effective under the contract, or other requirements. • The contractor should utilize the Guidance for the Contractor Performance Assessment Reporting System (CPARS) located on the CPARS website, https://www.cpars.gov/, to assist in preparation of the self-evaluation. The contractor shall submit their self-evaluation, preferably via email, as a MS Word or other Office compatible document to the Contracting Officer and Contracting Officer’s Representative (COR) identified in the contract within the time period identified above. Standard USPS mail may also be utilized, if required. The TSA may consider the contractor’s self-assessment, along with all available relevant data and information, when completing the contractor’s past performance evaluation for each specific performance period. Submission of a contractor’s self-evaluation is considered information regarding the contractor’s performance and may not represent the final CPARS rating. Submission of this contractor self-assessment to the Government does not otherwise alter, 27 change, or diminish any rights of the Government as expressed under Federal Acquisition Regulation Part 42 concerning the use of past performance information about any contractual vehicle.
TSA-INSTR – TSA CONTRACTING OFFICER (MAR 2023)
The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
The following TSA Contracting Officer is assigned to this contract.
NAME: Michael Capovilla
PHONE NUMBER: (571) 227-5833
EMAIL: michael.capovilla@tsa.dhs.gov
TSA-INSTR: CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND TECHNICAL
MONITORS (AUG 2022)
The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.
The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and phone number of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing.
30 The Contracting Officer hereby designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.
TSA CORs:
NAME: TBD
PHONE NUMBER: TBD
EMAIL: TBD
The responsibilities and limitations of the COR are as follows: • The COR is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract. • The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor. • The COR will maintain communications with the Contractor and the Contracting Officer. The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer. • The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or questionable practices so that corrections can be made before the problems become significant. • The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract’s price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.
• The COR is not authorized to direct the Contractor on how to perform the work. • The COR is not authorized to issue stop-work orders. The COR may recommend the authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is the only official authorized to issue such order. • The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order.
The responsibilities and limitations of the TM are as follows: • Coordinating with the COR on all work orders, task, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action. • Monitoring the Contractor’s performance in relation to the technical requirements of the assigned functional area of the contract to ensure that the Contractor’s performance is strictly within the contract’s scope and obligated funding. • Ensuring that all recommended changes in any work under the contract are coordinated and submitted in writing to the COR for consideration. • Informing the COR if the Contractor is not meeting performance, cost, schedule milestones. • Performing technical reviews of the Contractor’s proposals as directed by the COR. • Performing acceptance of the Contractor’s deliverables as directed by the COR. 31 • Reporting any threats to the health and safety of persons or potential for damage to Government property or critical national infrastructure which may result from the Contractor’s performance or failure to perform the contract’s requirements.
TSA-INSTR: SUBMISSION OF INVOICES (MAY 2022)
Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FINCEN).
Invoice Submission Method: Invoices may be submitted via U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference:
It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed under Payment Status below.
1. Address to mail invoices:
United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111
2. Email Address: FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil
Invoice Process: Upon receipt of contractor invoices, FINCEN will electronically route invoices to the appropriate TSA Contracting Officer’s Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FINCEN.
Upon receipt of certified invoices from an Authorized Certifying Official, FINCEN will initiate payment of the invoices.
Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty-day payment period specified under Prompt Payment requirements; however, the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart
32.9 regarding prompt payments for the specified deliverables under contract. Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, 32 invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.
Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means:
1. Via the internet: https://www.fincen.uscg.mil Contacting the FINCEN Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week.
2. Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm
Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and SAM-issued Unique Entity Identifier (UEI) are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.
Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FINCEN.
Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Representative. Note for “time-and-material” type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a “time-and-materials” type contract, order, or contract line item: “The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract’s specified requirements for the labor category invoiced.”
Additional Invoice Preparation Instructions for Software Development and/or Hardware.
The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.)
Frequency of Invoice Submission. Invoices shall be submitted on a monthly basis for services rendered and accepted by the Government during the previous month.
Timely Submission of Invoices: In order to ensure reimbursement under this contract, invoices shall be timely submitted for payment. Contractors must submit an invoice to the payment office as indicated for all allowable and allocable internal expenditures made during the specified invoice period pursuant to the Contract. Also be advised that under 31 U.S.C. §§ 1552 and 1553, funds that were 33 obligated to the contract, but that have expired, remain available for adjustments for five (5) fiscal years following expiration of the period for which the relevant appropriation was made. After the respective timeframe, the expired account closes and the funds are not available for any purpose.
TSA-INSTR: PUBLICITY AND DISSEMINATION OF CONTRACT INFORMATION (SEP
2020)
The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the award and/or performance of this contract without the prior written consent of the Contracting Officer.
The Contractor shall submit any request for public release at least ten (10) business days in advance of the planned release. Under no circumstances shall the Contractor release any requested submittal prior to TSA approval.
Any material proposed to be published or distributed shall be submitted via email to the Contracting Officer. The Contracting Officer will follow the procedures in Management Directives
1700.3 and 1700.4. The Administrator retains the authority to deny publication authorization. Any conditions on the approval for release will be clearly described. Notice of disapproval will be accompanied by an explanation of the basis or bases for disapproval.
TSA-INSTR: CONTRACTOR RESPONSIBILITY, CONDUCT AND PERFORMANCE
UNDER TSA SERVICE CONTRACTS (JAN 2022)
BASIC REQUIREMENTS AFFECTING CONTRACTOR PERFORMANCE
1. The Government observes the following holidays (and government facilities are generally closed on these days, or restricted access or entrance requirements may apply due to security procedures): New Year’s Day; Martin Luther King, Jr. Birthday; Washington’s Birthday (President’s Day); Memorial Day; Juneteenth National Independence Day; Independence Day;
Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; Christmas Day
a) In addition to the days designated as holidays, the Government observes also the following days: • Any other day designated by Federal Statute, and • Any other day designated by Executive Order, and • Any other day designated by President’s Proclamation, such as extreme weather conditions. • Inauguration Day (Washington, DC metropolitan area) (Likewise government facilities in the DC area are generally closed on these days, or restricted access or entrance requirements may apply due to security procedures). • Inclement weather closures and/or early dismissals • Or any other officially declared reason:
b) When the Government grants excused absence to its employees in a specific location, assigned Contractor personnel at that same location may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer’s Representative. Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract.
c) In the event the Contractor’s personnel work during the holiday or other excused absences, they may be compensated by the Contractor, however, no form of holiday or other premium compensation will be considered either as a direct or indirect cost, other than their normal compensation for the time worked. For cost reimbursement and time and materials (T&M)/ labor hour (LH) contracts, the Government will only consider as direct and/or indirect costs those efforts actually performed during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract. Otherwise, the management responsibility for contractor functions approved by the Contracting Officer for offsite work, in the event of inaccessibility of federal workplaces, is the sole responsibility of the contractor. The contractor may propose telework or other solutions when critical work is required, however, the Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location, and all resources necessary to complete such performance.
d) In the event of an actual emergency, the Contracting Officer may direct the contractor to change work hours or locations or institute telework, utilize personal protective equipment, or other mandated items.
e) In the event of a Government closure (furlough) caused by a lapse in appropriations, which can occur at the beginning of a fiscal year if no funds have been appropriated for that year, or upon expiration of a continuing resolution if a new continuing resolution or appropriations law is not passed, the Contractor shall continue performance under the contract unless otherwise instructed in writing by a Contracting Officer.
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