PWS - TSA Architect-Engineering Services FY26.docx

U.S. Department of Homeland Security

PERFORMANCE WORK STATEMENT (PWS)

TSA ARCHITECT-ENGINEERING SERVICES

C.1) OVERVIEW

The Transportation Security Administration (TSA) is headquartered in Springfield, VA and occupies several facilities in the National Capital Region (NCR) and across the United States to coordinate the agency’s operations. TSA requires professional architect-engineer services to support projects such as site surveying and mapping, comprehensive planning, conceptual designs, value engineering, workplace productivity, construction phase support and any other related services. TSA performs various space alteration and new construction upgrade projects throughout TSA’s leased/owned real property portfolio. This includes alterations to office and support spaces, computer room and IT facilities, conference centers as well as electrical and HVAC systems upgrades. Typical projects may involve the following design disciplines: architectural, structural, mechanical, electrical, plumbing, civil, interior design, fire protection, constructability reviews, and HVAC. The establishment of a IDIQ Contract is desired to ensure TSA can order architect-engineering services on an as needed basis to support the agency’s direct lease and owned facilities lifecycle management.

C.2) OBJECTIVE

The Contractor shall provide all labor necessary to provide architect-engineer services in accordance with this PWS and the tasks outlined in each Task Order.

C.3) SCOPE OF WORK

This contract includes all pre-design, design, construction administration, and post-construction administration required and detailed herein to support TSA’s facilities. Detailed descriptions of these task areas are outlined below. Individual task orders will be used to assign detailed project specifications.

C.4) GENERAL REQUIREMENTS

The Contractor shall:

C.4.1 Provide personnel fully licensed, certified, and registered to practice in their disciplines (i.e. architecture, structural engineering, mechanical engineering, electrical engineering, and other engineering disciplines as needed).

C.4.2 Comply with all applicable Federal, State and local laws, regulations and codes. The Contractor shall be responsible for determining which requirements are applicable and conferring with the Government as necessary to ensure proper compliance. TSA has a policy of voluntary conformity to certain State and local code requirements even when permission or approvals from local regulators are not required; the Contractor shall coordinate with the Contracting Officer’s Representative (COR) or designee when such issues arise.

C.4.3 Follow all Government security regulations, rules, and procedures while on Federal property. Contractor shall be well informed of each facility’s emergency evacuation procedures in case of any emergencies and the designated evacuation areas outside the buildings in case of fire. Contractor personnel shall wear a company shirt or a large badge to aid with identification and remain with the Government escort at all times while on Government property. Contractor personnel shall present all containers, boxes, or bags entering or leaving TSA’s facilities to search by security officers.

C.4.4 Provide all necessary supervision, transportation, tools, and equipment to perform all requirements of the PWS.

C.4.5 Obtain and maintain, at the Contractor’s expense, all necessary licenses and permits needed to perform the requirements of the PWS. The Contractor will provide licensed professionals based on the location of the task and the licensing board or jurisdiction requirements. Other licenses that may be required includes the Certified Construction Manager (CCM): the CCM is accredited by the American National Standards Institute (ANSI®) under the International Organization for Standardization’s 17024 standard. Unless the Contractor is required to be the architect and/or engineer of record, the Contractor would only be required to obtain copies of permits from the construction vendor and/or GSA for a project.

C.4.6 Schedule any work that may disrupt utilities, fire protection and life safety systems, lighting or space conditioning for building tenants in advance with the COR. The Contractor shall not perform work that would disrupt utilities, fire protection and life safety systems, lighting or space conditioning for building tenants unless specifically authorized in writing by the COR. This work is generally required to be performed outside of the normal business hours. Non-emergency shutdowns cannot occur without approval of the COR. Emergency shutdown instructions will be provided by the COR. The Contractor shall be responsible for repairing any utilities damaged during performance at no additional cost to the Government. Some projects may require work outside normal business hours. Per Section 13(a)(1) of the Fair Labor Standards Act (FLSA), an exemption for both minimum wage and overtime pay applies to employees employed as bona fide executive, administrative, professional and outside sales employees. Additional information may be found at the following link: https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa#2.

C.4.7 Correct or revise, without additional compensation, any errors or deficiency in designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission. The Contractor will only be required to correct or revise said deficiency in drawings, designs etc. if the Contractor is required to be the architect and/or engineer of record by a task order. The Contractor may be required to provide construction management support during the design role of a project.

C.4.8 Specify in all design specifications the use of the maximum practicable amount of recovered materials consistent with the PWS requirements, availability, price reasonableness, and cost-effectiveness.

C.4.9 Specify in all design specifications the application of energy conservation, pollution prevention, and waste reduction to the maximum extent practicable.

C.5) SPECIFIC TASKS

The Contractor shall provide:

C.5.1 Pre-Design Services: perform surveying, mapping, tests, evaluations, and reviews that are necessary to develop designs, specifications, and drawings for construction, space build-out, or maintenance projects in the NCR. Projects may include verifying, assessing, and/or planning space dimensions and measurements; utility locations; floor plan configurations; site topography; architectural, electrical, mechanical, and structural capabilities; environmental and hazardous waste impacts; existing conditions and systems (e.g. fire protection/life safety); value engineering; workplace productivity; comprehensive planning; soils engineering; and any other information shown on Government-furnished references such as maps, record drawings or previously-conducted testing or surveying. The Contractor shall prepare and deliver all necessary maps, diagrams, and as-built drawings to fully and accurately represent the results of the site surveys, evaluations, and testing conducted in preparation for any construction, space build-out, or maintenance projects in the NCR.

C.5.2 Design Services: provide all plans, conceptual designs, specifications, drawings, calculations, and costs estimates that are necessary for any construction, space build-out, or maintenance projects in the NCR. Designs and plans shall be prepared without embellishment that balance aesthetic considerations, operation and maintenance costs, energy conservation measures and material and systems durability. Plans, designs, and drawings shall, as necessary, account for site utilization; site restrictions and recommended improvements; civil design; architectural floor plans; elevations and perspective sketches; structural data; sections and details; space conditioning; utility systems (i.e. electrical, plumbing, etc.); fire protection and safety considerations; code analysis; building area tabulations; building system comparisons; energy conservation; building specifications; estimated cost; and estimated construction schedule. The Contractor shall prepare and deliver all required plans, conceptual designs, specifications, drawings, calculations, and costs estimates and meet with the Government to conduct concept design reviews. Revisions shall be made as necessary to meet the Government’s specifications.

C.5.3 Construction Administration Services: participate in pre-construction and progress meetings; assist with quality control; monitor progress and adherence to all designs, plans, drawings, and specifications; inspect and observe work site conditions and materials. Monitor and inspect the construction Contractor's compliance with current safety regulations, standards, project safety plan, and report any noncompliance to the Government; prepare all necessary plans, designs, drawings, calculations, and cost estimates for Government review; maintain a master set of designs, plans, and drawings and an accurate record of all deviations from the originals; assist with preparing punch lists and inspection and acceptance; and participate in pre-final, safety, final, and warranty inspections. The Contractor shall review, based on compliance with the approved design concept, construction submittals of shop drawings, coordination-drawings, as-built drawings, samples, materials, operation and maintenance manuals, test reports, color schedules, catalog cuts, and construction progress schedules; Maintain a current marked set of working drawing prints and specifications, indicating thereon all changes and deviations from original construction contract documents at the job site. Verify the marked set of documents and drawings and marked prints against those maintained by the construction contractor as changes occur and report any differences to the Government.

C.5.4 Post-construction Administration Services: review and validate any as-built prints; prepare and deliver a permanent set of as-built record drawings after project completion; prepare and deliver operation and maintenance manuals; participate and/or conduct post occupancy evaluations; participate and/or conduct guarantee and warranty inspections; and participate in any close out activities.

C.6) TASK ORDER DELIVERABLES

Deliverables will be described in each individual task order issued against this IDIQ Contract. Unless otherwise specified, the TSA requires delivery of one (1) electronic copy and (1) hardcopy of each deliverable. Electronic copies shall be delivered via email attachment. The electronic copy shall be in the appropriate, Microsoft Office, Microsoft Project, Adobe PDF, AutoCad, and/or AutoDesk Revit 2017 compatible document. The contractor shall successfully complete and submit products in accordance with the requirements of each individual task order. All deliverables are subject to review and approval by the Contracting Officer’s Representative (COR)/Technical Monitor (TM). The Government retains ownership of and rights to all reports, plans, designs, drawings, deliverables, and facility data developed under this contract.

C.7) IDIQ POST AWARD CONFERENCE

The Contractor shall attend a Post Award Conference no later than 15 business days after the date of award. The purpose of the Post Award Conference, which shall be chaired by the IDIQ Contracting Officer, is to discuss the technical and contracting objectives of the IDIQ Contract and to discuss any potential projects. The Post Award Conference will be held via teleconference and/or in person at TSA Headquarters, located in Springfield, VA.

C.8) TASK ORDER PERIOD OF PERFORMANCE

The period of performance of tasks will be specified in each individual task order issued hereunder.

C.9) QUALITY ASSURANCE

The Government will monitor the Contractor's performance under each individual task order in accordance with the performance objectives outlined in C.16 and reserves the rights to use whatever surveillance procedures are deemed appropriate. If the Contractor fails to perform according to the performance standards, a Notification of Contract Deficiency or Contract Deficiency Report will be issued by the COR. The Contractor shall explain, in writing, why performance was not satisfactory and how recurrence of the problem will be prevented in the future. TSA intends to monitor and evaluate the Contractor's performance based on any or all of the following methods:

C.10) PHASE-OUT TRANSITION

When this contract expires or is otherwise terminated, the Government may issue a task order to support the phase-out transition of services. The Contractor must cooperate with the incoming contractor during the phase-out period, which for planning purposes will be 30 calendar days. The transition scope of work will be detailed in the task order.

C.11) GOVERNMENT FURNISHED RESOURCES AND INFORMATION

Government Furnished Equipment (GFE) (is applicable) will be specified in each task order. While Contractor personnel are at the Government site, they shall be required to comply with all rules and regulations in effect at that site. The Contractor shall also exercise proper care of all property at the Government site regardless of whether title or such vests with the Government or not. TSA does not provide contractor personnel parking on-site and as such personnel will need to secure parking at each facility as needed.

TSA will provide the following as needed to meet the requirements of this PWS:

· Access to TSA Management Directives (MDs), ISOPs, and MCOPs ;

· Access to TSA drawings, plans and records needed in connection with this scope;

· Access to DHS and TSA MDs; and

· Access to relevant DHS documentation.

The contractor shall not connect its privately owned portable computers to the TSA local area network, nor may it use TSA’s voice over internet protocol telephone system to connect its portable computers to its home office. Contractor personnel will be required to take all TSA required IT/Security training on TSA’s Online Learning Center (OLC). This training is provided at no cost to the Contractor. The administrative time required to complete the required training can be applied as a reimbursable cost under Labor Hour (LH) task orders. The administrative time required to complete the required training shall be included in Firm Fixed Price (FFP) task orders.

C.12) TRAVEL REQUIREMENTS

Travel costs will not be reimbursed for travel within the National Capital Region (NCR). This includes parking or public transportation costs. Travel outside the NCR (if required by each task order) will be reimbursed in accordance with the Federal Travel Regulations (FTR) and must be approved in advance by the Contracting Officer’s Representative (COR) assigned to the task order. Travel costs for Contractor personnel to travel to the NCR will be reimbursed in accordance with the FTR. If the primary place of performance is the NCR, then the Contractor may be required to attend site visits and address facilitiy requirements that are an immediate need. Doing so may require the Contractor to provide personnel that reside in the NCR.

C.13) PLACE/LOCATION OF PERFORMANCE/DELIVERY

Services will primarily be performed in the National Capital Region (NCR), but travel to various TSA facilities throughout the United States may be required. The locations of performance will be detailed in each individual task order.

The locations of performance within the NCR are provide below:

· TSA Headquarters - 6595 Springfield Center Drive, Springfield, VA

· Transportation Security Operations Center (TSOC) – 13555 Eds Drive, Herndon, VA

· Transportation Security Inspection Facility (TSIF) – Reagan National Airport

· Franconia Warehouse – 6810 Loisdale Rd Springfield, VA Building A Dr 17

· Annapolis Junction – 132 National Parkway Annapolis Junction, MD

C.14) PUNCH LIST COMPLETION AND WITHHOLDING OF FINAL PAYMENT

The Government may create a punch list of deficiencies or unmet contractual requirements at or near the time of each task order expiration. The Government may employ the services of another contractor in the development of such punch list and upon completion provide the Contractor with a copy of work not completed, to include the monetary value the Government has assigned for each item. The Government retains sole discretion over whether to charge the Contractor for the monetary value of the punch list in whole or in part or to request corrections by the Contractor. If the Government elects to request corrections by the Contractor, the Contractor shall have until the end of the task order period to perform such corrections and may invoice for funds withheld on acceptance of the corrections by the Government. Nothing in this section must be construed to limit the Contractor’s liability or restrict the Government from reporting unsatisfactory or problematic performance by the Contactor.

C.15) PERFORMANCE REQUIREMENTS SUMMARY REQUIREMENT

This requirement is performance based and therefore incorporates the Performance Requirements Summary (PRS) outlined in C.16, Performance Requirements Summary. In general, the PRS sets forth the expected outcomes (objectives) of the contract, the service required of the Contractor to attain the objectives, a performance standard per outcome, and monitoring method for recording contractor performance. The PRS is not an exclusive remedy and the inclusion of the PRS does not preclude the Government from using any other remedy available by law or contract terms, including reductions in payment in accordance with any contractual clause for inspection of services.

C.16) PERFORMANCE REQUIREMENTS SUMMARY (PRS)

The Performance standards for this contract are outlined below:

C.17) OTHER REQUIREMENTS

MANDATORY TRAINING FOR CONTRACTORS WHO REQUIRE A PERSONAL IDENTITY VERIFICATION (PIV) CARD, ACCESS TO TRANSPORTATION SECURITY ADMINISTRATION (TSA) FACILITIES OR NETWORKS, OR OTHER GOVERNMENT RESOURCES (JUNE 2024) The Contracting Officer’s Representative has identified specified government training required for contractors who require a PIV card, access to TSA facilities or networks, or other government resources. Contractors are required to complete the assigned training as a necessary component of performance required under the contract.

The specific classes and time to complete each varies depending on the requirements of the contract and location of performance. However, the Government’s estimate of the total time required to complete assigned classes is 12 hours annually. If the time necessary to complete the classes varies substantially from this estimate, the Contractor should notify the Contracting Officer to discuss appropriate consideration.

Contractor employees are responsible for providing required evidence of timely training completion when the Government assigns such training. Training includes, assigned training through the TSA On-Line Learning Center, attendance at seminars, symposia or user group conferences. Training will not be authorized for the purpose of keeping contractor personnel abreast of advances in the state-of-the-art or for training contractor employees on equipment, computer languages and computer operating systems that are available on the commercial market or required by a contract. This includes training to obtain or increase proficiency in word processing, spreadsheets, presentations, and electronic mail.

The Contractor shall include the terms of this special contract requirement in all subcontracts awarded under this contract.

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) (JUNE 2024)

In accordance with Federal Acquisition Regulation (FAR) 42.15, the Transportation Security Administration (TSA) is required to report on the contractor’s performance under contract. The TSA reporting thresholds, in accordance with the Department of Homeland Security’s (DHS) FAR Class Deviation 11-03 dated August 11, 2011, are $1,000,000 for contracts and orders for services, and $500,000 for contracts and orders for supplies.

To support thorough and timely Contractor Performance Assessment Reporting System (CPARS) reports, the contractor shall provide a self-assessment of their performance not later than 10 days after the end of the base period, the end of any exercised option period of the contract, and after the end of contract performance. The contractor shall provide a detailed narrative for each of the relevant assessment 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 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.

Submission of Contractor Self-Assessment: The contractor should utilize the Guidance for CPARS located on the website, https://www.cpars.gov/, to assist in preparation of the self-assessment.

The contractor shall submit their self-assessment, preferably via email, as a MS Word or other MS 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.

TSA may consider the contractor’s self-assessment, along with all available relevant data and information, when completing the contractor’s past performance assessment for each specific performance period. Submission of a contractor’s self-assessment is considered information regarding the contractor’s performance and may not represent the final CPAR rating. Submission of this contractor self-assessment to the Government does not otherwise alter, 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 POINTS OF CONTACT (JUNE 2024)

The primary point of contact for this contract:

Contracting Officer:

If a name is included, the Contracting Officer hereby designates the individual(s) named below. The scope and limitations of the authority so delegated are included in the TSA Requirement entitled, Contracting Officer’s Representative:

Contracting Officer’s Representative (COR):

NAME: Will be provided upon award.

PHONE NUMBER:

EMAIL:

If the clause at FAR 52.216-32 is included, the following applies:

CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JUNE 2024)

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 and TM may be changed at any time, without prior notice to the Contractor; however, notification of the change, including the name and phone number of the successor, will be promptly provided to the Contractor by the Contracting Officer in writing.

The COR duties are as follows:

· Performing surveillance/inspection and acceptance.

· Monitoring activities, cost, providing input to contractor performance evaluations, and notifications to the Contracting Officer.

· Making recommendations for invoices and payments.

· Managing Government-furnished Assets (when applicable).

· Managing Contractor Employee Access (when applicable).

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.

· Performing surveillance/inspection and acceptance.

· Monitoring activities, cost, providing input to contractor performance evaluations, and notifications to the COR.

· Making recommendations for invoices and payments.

· Managing Government-furnished Assets (when applicable).

· Managing Contractor Employee Access (when applicable.

Electronic Submission of Payment Requests (FSMS Awards) – TSA/USCG FinCen (JAN 2026)

Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center (FinCen) for financial services in support of TSA operations, including the payment of contractor invoices. All contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center.

Definitions: As used in these instructions – (1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” and the applicable Payment clause included in this contract. In addition, discount offerings and small business status, if available, must be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 must be provided.

Invoice Submission Method

(a) New Contractual Agreements: For all newly awarded contractual agreements between TSA and a vendor, payment requests (invoices) must be submitted electronically using the Invoice Processing Platform (IPP). Contractors are required to enroll in IPP and submit invoices in accordance with the instructions provided at https://www.uscg.mil/fincen/IPP/. Information regarding IPP, including customer support, is available at www.ipp.gov or any successor site. Alternate payment procedures for new agreements may only be used if the contracting officer provides written authorization in accordance with TSA procedures. If authorized, a copy of the written authorization must be included with each payment request.

(b) Existing Contractual Agreements: For contractual agreements established prior to the implementation of the IPP requirement, contractors may continue to submit invoices using the alternate methods outlined in their original agreement. These methods include submission via U.S. Mail or email, utilizing ONLY ONE method per invoice submission:

· Mail invoices to: United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111

· Email invoices to: FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil

Contractors must verify receipt of invoices regardless of submission method and may inquire about invoice status using the contact information provided in the Payment Status section.

Invoice Elements: Invoices that are not proper will automatically be rejected if the information required in the Prompt Payment Clause is not included in the invoice. Contractors must correct any noted deficiencies and resubmit the invoice directly to the FinCen for verification of error correction. 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.

Discounts Offered After Invoice Submission: If the Contractor wishes to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the FinCen 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, 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 contact the FinCen via phone or email regarding the receipt of invoices or billing inquiries using (800) 564-5504 or (757) 523-6940 (Voice Option #1) or email: FIN-SMB-CustomerService@uscg.mil.

Frequency of Invoice Submission: Monthly for services rendered in the preceding month.

Timely Submission of Invoices: To ensure reimbursement under this contract, invoices shall be submitted timely 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 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.

Receiving Official: Michael Capovilla, Contracting Officer Official Invoice Approver: Michael Capovilla, Contracting Officer Contracting Officer’s Representative: Will be provided upon award

CONTRACTOR PERSONNEL ACCESS TO TSA FACILITIES, INFORMATION OR SYSTEMS (FEBRUARY 2025)

A. All Contractor personnel requiring access to TSA facilities, information systems, and/or Controlled Unclassified Information (CUI) will be subject to the security procedures set forth in this contract. A fitness determination will be required for all Contractor personnel performing under this contract. When a contractor employee is deemed eligible to commence work on a TSA contract, TSA Personnel Security (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.

B. 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.

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 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.

C. The period of performance should not begin until 60 days after contract award to allow for the Enter On Duty Fitness Determination.

D. Information Requirements. Contractors are responsible for providing the Contracting Officer’s Representative (COR) with the following information for each contractor employee requiring a fitness determination:

· First and Last Name

· Social Security Number

· Sex

· Date, City and Country of Birth

· Country of Citizenship This required information shall be provided in a Microsoft Excel Spreadsheet provided by the COR. Upon completing the requisite information, the contractor shall password protect the spreadsheet and email the spreadsheet to the COR. In order to ensure protection of this information, the password for the password protected spreadsheet shall be sent in a separate email, at the same time.

E. Preliminary Background Check. In order to complete the Preliminary Background Check, TSA PerSec will contact the contractor with the following:

· An invitation for the contractor to complete the Electronic Questionnaire for Investigations (e-QIP) for Public Trust Positions (SF85-P, SF-85 or SF-86), if applicable.

· Instructions on scheduling a fingerprint appointment, if applicable.

· Request for submission of the Declaration for Federal Employment (OF-306)

· Request for submission of the Non-Disclosure Agreement Form 11000.6 The contractor shall submit all requested information to PerSec within the required time.

F. 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 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.

G. Failure of any Contractor personnel to pass a background investigation, without timely substitution that meets the contracts requirements, may be grounds for termination of the contract.

H. Non-Disclosure Agreements.

1. All TSA contractor employees and consultants must execute a DHS Form 11000-6, Sensitive but Unclassified Information Non-Disclosure Agreement (NDA) upon initial assignment to TSA and before being provided access to TSA “sensitive and/or mission critical information.” The original NDA will be provided to the TSA COR for retention for the duration of the contract.

2. The Contractor, and those operating on its behalf, shall adhere to the requirements of the non- disclosure agreement unless otherwise authorized in writing by the Contracting Officer.

I. Computer Access Agreement (when IT access is required). All Contractor employees (users, managers, and operators of the TSA network) must sign TSA Form 1403, Computer Access Agreement. A copy of retention for the duration of the contract.

J. Personnel Security (when IT access is required).

1. Privileged access users are individuals who have access to an information technology (IT) system with privileges of Administrator or above and have access to sensitive network infrastructure data. Privileged access users will be appropriately screened on entry into the privileged access position and the initial screening shall be refreshed every two years.

2. Individuals terminating voluntarily or involuntarily from a Contractor performing under contract at TSA must have an exit briefing, conducted by a supervisory or management-level employee of the Contractor in order to identify and explain their post-employment responsibilities to the TSA.

3. Records of exit interviews will be signed and maintained by the Contractor as part of the individual employment record for a period of not less than two years following the termination of the individual’s employment.

The Contractor shall include the terms of this special contract requirement in all subcontracts awarded under this contract.

OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (JUNE 2024)

The Government observes the following Federal holidays (and Government facilities are generally closed on these days, have restricted access, or other entrance requirements may apply due to security procedures):

· New Year’s Day

· Birthday of Martin Luther King, Jr.

· 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

In addition to the days designated as Federal holidays, the Government also observes the following days (with the same access restrictions as stated above):

· Any other day designated by Federal Statute.

· Any other day designated by Executive Order.

· 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; and,

· Or any other officially declared reason.

When the Government grants excused absence to its employees in a specific location, it is up to the Contractor to determine if assigned Contractor personnel at that same location are 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 notification 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.

In the event the Contractor’s personnel work during the holiday or other excused absences:

For firm-fixed price contracts: No form of holiday or other premium compensation will be considered as 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. All costs chargeable shall be consistent with the Contractor’s Disclosure Statement.

It is the contractor’s responsibility to ensure the management responsibility for contractor functions approved by the Contracting Officer for offsite work in the event of inaccessibility of federal workplaces. 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.

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.

In the event of a Government closure (furlough) caused by a lapse in appropriations, which can occur if adequate funds have not been appropriated, the Contractor shall continue performance under the contract unless otherwise notified in writing by a Contracting Officer. Unless the Contractor is provided a formal notification to the contrary, usually via a Stop Work Order pursuant to FAR 52.242-15, the Contractor must continue to comply with all terms and conditions of the contract. If a contract will not be affected by a shutdown, generally no separate notification or communication of that fact will be provided. Processing of contractor invoices for payment may or may not be deemed an excepted duty during a furlough. As such, contractor performance is expected even though invoices are pending payment processing. The Prompt Payment Act still applies.

The Government may close a Government facility for all or a portion of a business day because of:

· Granting administrative leave to non-essential Government employees (e.g., unanticipated holiday);

· Inclement weather.

· Failure of Congress to appropriate operational funds; or,

· Any other reason.

In the above cases, contractor personnel who are not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility. The contractor is responsible for notifying all its affected personnel in such circumstances once the Contracting Officer provides notice of such. The contractor agrees to continue to provide sufficient personnel to perform continual requirements of critical tasks already in operation or scheduled for performance during the period in which Government employees are dismissed and shall be guided by any specific instructions from the Contracting Officer.

When contractor personnel services are not required or provided due to closure of a Government facility as described in the contract, the contractor’s payment under the contract shall be affected as follows-- For cost-reimbursement, time-and-materials and labor-hour type contracts, the Government shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

For fixed-price contracts, the price will not be prorated, and the contractor is expected to satisfy the contract requirement during the period of performance without requested extension. The Government may also terminate a contract for convenience either in part or full. The Contractor shall include the terms of this special contract requirement in all subcontracts awarded under this contract.

EMPLOYEE TERMINATION (JUNE 2024)

The contractor shall notify the Contracting Officer and the Contracting Officer’s Representative within 48 hours when an employee is terminated. The contractor shall be responsible for returning all Government-issued contractor/employee identification, property, and any security access cards provided due to performance under this contract within one (1) business day. Failure to return all items assigned to any employee is grounds for withholding the contractor’s payments in accordance with FAR 32.503-6(b). The contractor shall include this term in all subcontracts under this contract.

The Contractor shall include the terms of this special contract requirement in all subcontracts awarded under this contract.

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