RFQ_70T02018Q9NOTD450_A00003.pdf

70T02018Q9NOTD450

Amendment A00003

Transportation Security Administration

Animal Health Technician Services

Table of Contents

SECTION 1 – SCHEDULE OF SUPPLIES SERVICES

SECTION 3 – STATEMENT OF WORK

SECTION 4 – TSA TERMS

SECTION 5 – FAR CLAUSES and PROVISIONS

SECTION 6 – INSTRUCTIONS TO PREPARE QUOTES AND EVALUATION FACTORS

SECTION 1 – SCHEDULE OF SUPPLIES SERVICES

1.1. General

The Transportation Security Administration (TSA) seeks to establish a firm fixed price Task Order for procuring the services of two (2) Animal Health Technicians.

1.2 Pricing

The below CLIN Table shall be populated as part of the quote submission in the Attachment 1 Technical Compliance and Pricing Table.

CLIN Labor* Qty Unit Unit Price Price

Two Animal Health Technicians in accordance with the Section 3 Statement of Work

12 Monthly $ $

Travel/ODCs – NTE, in accordance with the Section 3 Statement of Work

1 JB $10,000.00 $10,000.00

1001 - Option Year 1

Two Animal Health Technicians in accordance with the Section 3 Statement of Work

12 Monthly $ $

2002 – Option Year 1

Travel/ODCs – NTE, in accordance with the Section 3 Statement of Work

1 JB $10,000.00 $10,000.00

*All associated costs (both labor and non labor) shall be included within the technicians’ respective prices.** The positions shall be filled at a Full-Time Equivalent (FTE) capacity.

One year of FTE amounts to 1,080 1,920 labor hours. Both positions are considered key personnel.

SECTION 3 – STATEMENT OF WORK

3.1.Product, Service or Outcome Needed

The servicing contractor shall provide two (2) Full-Time Equivalent (FTE) Animal Health Technicians to serve with the Department of Defense Military Working Dog Veterinary Service (DODMWDVS) at Lackland Air Force Base, San Antonio, Texas.

The technicians will be responsible for performing technical procedures involving diagnostic imaging, surgery, medicine, critical or general clinical care or any combination of veterinary support work in support of various DODMWDVS departments.

All animal care medical duties are performed under the direction of a certified veterinarian and comply with American Animal Hospital Association (AAHA), Association for Assessment and

Accreditation of Laboratory Animal Care International (AAALAC), and Joint Commission on Accreditation of Healthcare Organizations (JCAHO) guidelines to maintain certification and accreditation.

3.2.Technical Requirements/Tasks/Outcomes

The Veterinary Technicians shall perform the following requirements:

3.2.1 Medicine Clinic (approximately 40% of total workload):

(a) Duties include examination, evaluation, and vaccination of canine patients. This includes obtaining an accurate patient history from the canine handler, succinctly relaying the information to the veterinarian, and determining vital signs (heart rate, respiratory rate, temperature, hydration status, attitude, etc) of animals presented for sick call or medical evaluation clinics. Distinguishes normal from abnormal anatomical and physiological findings such as pathological heart and respiratory sounds, ataxic gait, and abnormal behavior. Triages patient as stable or unstable based on overall appearance, hydration, behavior, pulse quality, and vital signs. Cleans and disinfects exam room and treatment areas between patients or as needed.

(b) Replaces and maintains correct position of bandages, splints, casts, and other devices designed to prevent further damage to an injured extremity. Monitors condition of wounds under bandages, removes sutures and surgical drains, and administers topical medications.

(c) Administers medications topically, orally, or by parenteral injections (subcutaneous, intramuscular, or intravenous).

(d) Calculates drug dosage based on accurate body weight (converts English to metric units as needed) and administers medication as prescribed by the attending veterinarian.

Administers vaccinations and dewormer under indirect veterinary supervision according to established protocols.

(e) Obtains blood (venipuncture), urine ("clean catch" and cystocentesis), fecal sample, and other clinical specimens from animals for laboratory diagnosis. Performs fecal flotation for detection of internal parasites, heartworm and other point-of-care tests (filtration and immunologic), automated blood gas analysis, complete blood count by manual and automated methods, urinalysis and clinical chemistry by automated and "dipstick" methods. Prepares and submits samples for analysis by commercial or centralized military laboratory. Visually evaluates slides for fecal parasite evaluation, skin or ear cytology, and urine sediment examination.

(f) Places intravenous (IV) catheters and initiates fluid therapy as directed by veterinarian.

Operates fluid pump for accurate intravenous delivery of drugs based upon calculation of drug concentration, body weight, and desired fluid delivery rate.

(g) Administers tranquilizers and sedatives under supervision of the attending veterinarian and according to established protocols. Monitors vital signs and condition of sedated or anesthetized animals. Operates monitoring equipment.

(h) Initiates and maintains medical records for the MWDs and GOAs. Assures standard nomenclature and chronological order of the medical records. Utilizes computers, word processing, databases, the electronic medical records system, and spreadsheet software in order to perform data entry and generate reports and schedules relating to the clinical care of patients. Knowledge of an alphanumeric keyboard.

3.2.2 Surgery Department (approximately 35% of total workload):

(a) Administers sedation and anesthetic induction agents under veterinary supervision.

Intubates trachea and initiates gas anesthetic administration. Operates and performs operator level maintenance on gas anesthesia machine. Monitors and interprets vital signs and anesthetic depth. Initiates invasive/non-invasive anesthetic monitoring procedures.

Adjusts anesthetics level as determined by heart rate, respiratory rate, blood pressure, muscle tone, and patient condition, while notifying veterinarian.

(b) Prepares incision site for aseptic surgery (clip hair, applies disinfectant skin prep). Acts as circulating operating room non-sterile assistant (opens packs, sets up, and adjusts equipment).

(c) Scrubs-in as surgical assistant. Performs sterile surgical scrub and dons sterile gown and gloves. Under sterile conditions, prepares various surgical instruments and equipment for use and assists the surgeon as directed.

(d) Performs dental cleaning and prophylactic dental care. Assesses overall oral health.

Operates and performs operator level maintenance on dental equipment and instruments.

(e) Cleans, sterilizes, and maintains surgical instruments, equipment, supplies, and premises.

(f) Monitors patient recovery following surgery by observing respiratory rate, heart rate, blood pressure, tissue perfusion, hydration, body temperature, state of consciousness, and reflexes. Cleans surgery room, treatment areas, and patient holding areas.

(g) Recognizes post-operative complication (shock, hemorrhage, respiratory distress, hypothermia, etc.) and notifies veterinarian. In the absence of professional staff, performs emergency treatment/life support procedures such as initiation of fluid therapy for shock or hemorrhage control. Under the supervision of the surgeon, calculates dosage and administers post-operative analgesic medications. Applies bandages, splints, or casts.

3.2.3 Radiology Department (approximately 15% of total workload):

(a) Radiology Department: Restrains canines for radiographic studies. Calculates dosage and administers tranquilizer/sedative (according to established protocol) as needed to minimize patient motion and limit radiation exposure of personnel and patients. Monitors vital signs of patients undergoing radiological procedures.

(b) Calculates exposure factors (kVp, mAs, and exposure time) for the efficient production of diagnostic and radiological studies. Operates and performs operator level maintenance on x-ray machines. Initiates and maintains radiological records for MWDs and GOAs.

Assures standard chronological order of radiographic files. Utilizes computers, word processing, databases, the electronic medical records system, and spreadsheet software in order to perform data entry and generate reports and schedules relating to the clinical care of patients. Knowledge of an alphanumeric keyboard.

3.2.4 Training (approximately 10% of total workload):

(a) Trains Veterinary Technician students on Military Working Dog (MWD): equipment, procedures, positioning, and safety procedures; invasive and non-invasive anesthetic monitoring procedures; operation, maintenance, and troubleshooting, diagnostic and patient monitoring equipment techniques as needed. Instructs new personnel on techniques; Standard Operating Procedures (SOPs); operation, maintenance, and troubleshooting of diagnostic and patient monitoring equipment.

3.3.Qualification Requirements

(a) Incumbent must possess a Licensed Veterinary Technician or Registered Veterinary Technician certification.

(b) This is a Testing Designated Position (TDP) subject to applicant testing and random drug testing.

3.4.Additional Requirements

(a) Work involves standing, stooping, bending, pushing, pulling and restraining and frequent lifting of MWDs and objects weighing as much as 50 pounds and 75 pounds with assistance. May walk or stand for extended periods, and frequently works in sitting or bent position. Often physical effort is required to lift or handle animals. A pre-employment physical is required.

(b) Work is performed in a veterinary medical facility that is well lit, heated, and ventilated.

Incumbent is exposed to infectious diseases transmissible to humans, bites, scratches, and other injuries from MWDs; disagreeable sanitation conditions and exposure to canine excrement and urine, other discharges, and zoonotic agents. Also exposed to loud noise, ionizing radiation and laser light and potentially hazardous chemicals. Protective clothing and gear is provided. Must participate in occupational health programs and follow safety guidelines and procedures.

(c) This position may require working overtime after normal duty hours and/or on weekends and holidays.

(d) This position may require TDY Travel (see below).

3.5.Travel

The Contractor will be required to travel to support the requirements of this SOW. This effort will have an ODC travel ceiling, not to exceed (NTE) amount, of $10,000.00 per year. The Government will reimburse the Contractor only for travel and per diem costs incurred in the performance of this contract. Reimbursement will be at cost only (no fee shall be applied) and in accordance with Federal Travel Regulations of the Federal Government. The Contractor shall not be reimbursed for any unauthorized travel. Local travel costs will not be reimbursed. The Government will not reimburse the Contractor for travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor’s or employee’s convenience. The Contractor shall notify the COR when the technicians are scheduled travel, prior to deployment. Approval is needed from the COR prior to travel. Any invoices that include travel expenses shall be fully supported to provide the COR with the necessary documentation needed to recommend approval of the invoice. If it is anticipated that the (NTE) amount shall be exceeded, a modification adding funding will be required before travel commences.

3.6.Period of Performance

The Period of Performance consists of a one (1) Year base period and a one (1) year option period. The period of performance shall begin 60 days from the date of Award. As such, the contractor personnel will be expected to have been recruited, fully on-boarded, and begin to work by 60 days of contract award. This timeframe shall include required TSA security vetting & clearance.

3.7.Place of Performance

The technicians shall perform their services, primarily at:

Department of Defense Military Working Dog Veterinary Service (DODMWDVS) 1219 Knight Street, BLDG 7602, JBSA-Lackland, TX 78236

However, TDY Travel is expected to be required, less the 25% of the time.

3.8.Competition

This solicitation is being competed as a Total Small Business Set-Aside; under North American Industry Classification System (NAICS) # 541940 – Veterinary Services, which possesses a Small Business Size Standard Threshold of $7,500,000.00.

SECTION 4 – TSA TERMS

G. 5200.243.001 CONTRACTING OFFICER (CO) (JUL 2015)

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 Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned:

TSA Contracting Officer:

NAME: Kurt Allen

PHONE NUMBER: 571-459-3858

EMAIL: Kurt.Allen@tsa.dhs.gov

(End of clause)

G.5200. 242.001 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND

TECHNICAL MONITORS (JUL 2015)

1. 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.

2. 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: Mary Maquet

PHONE NUMBER: 210-396-4413

mailto:Kurt.Allen@tsa.dhs.gov

EMAIL: Mary.Maquet@tsa.dhs.gov

3. 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.

4. 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.

5. 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.

• 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.

(End of term)

G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015)

“SUBMISSION OF INVOICES”

(a) 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).

(b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email (preferred method). Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference:

1) Facsimile number is: 757-413-7314

The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. 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 in subparagraph (d) of this clause.

2) [Insert appropriate address/ contact information based on type (i.e. LEO reimbursements, Utilities, Interagency Agreements or All Others). All others is to be used for any not specifically listed]

United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111

Email: FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil)

(c) 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.

mailto:FIN-SMB-TSAInvoices@uscg.mil

Note for discounts offered:

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, 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.

(d) 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

(e) 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 DUNS number 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.

(f) 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.”

(g) 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.)

(h) Frequency of Invoice Submission. Monthly upon accomplishment of services

H.5200.209.004 STAFF-LIKE ACCESS DETERMINATION FOR CONTRACTOR

EMPLOYEES (FEB 2016)

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 Office of Security, 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.

A fitness determination involves the following three phases:

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.

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 submission of their security forms to the Office of Personnel Management (OPM).

Phase 3: Final Fitness Adjudication: TSA PerSec will complete the final fitness determination after receipt, review, and adjudication of the completed OPM 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.

(End of term)

H.5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015)

This contract is/ is not (CO shall select) for commercial item, as defined by FAR 2.1.

H.5200.224.001 DISCLOSURE OF INFORMATION (JUL 2015)

Information furnished by the Contractor under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally-identifiable information must be clearly marked.

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

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

H. 5200.231.001 TRAVEL AND PER DIEM (JUL 2015)

The Contractor shall be reimbursed for travel costs associated with this contract. The reimbursement for those costs shall be as follows:

• Travel subsistence reimbursements will be authorized under the rates and conditions under the Federal Travel Regulations.

• Per diem will be reimbursed, at actual costs, not to exceed, the per diem rates set forth in the Federal Travel Regulations prescribed by General Services Administration and when applicable, Standardized Regulations Section 925 – Maximum Travel Per Diem Allowances for Foreign Areas – prescribed by the Department of State.

• Travel of more than 10 hours, but less than 24 hours, when no lodging is required, per diem shall be one-half of the Meals and Incidental Expenses (M&IE) rate applicable to the locations of temporary duty assignment. If more than one temporary duty point is involved, the allowance of one-half of the M&IE rate is prescribed for the location where the majority of the time is spent performing official business. The per diem allowance shall not be allowed when the period of official travel is 10 hours or less during the same calendar day.

• Airfare costs in excess of the lowest rate available, offered during normal business hours are not reimbursable.

• All reimbursable Contractor travel shall be authorized through the issuance of a task order executed by the Contracting Officer.

Local Travel Costs will not be reimbursed under the following circumstances:

• Travel at Government installations where Government transportation is available

• Travel performed for personal convenience/errands, including commuting to and from work; and

• Travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor’s or employee’s convenience.

H 5200.237.004 CONTRACTOR RESPONSIBILITY, CONDUCT AND PERFORMANCE

UNDER TSA SERVICE CONTRACTS (JAN 2016)

A. BASIC REQUIRED STANDARDS OF CONDUCT RELATED TO BUSINESS

UNDER GOVERNMENT CONTRACTS

1. General. The Government has the basic inherent expectations of timely, focused, effective, and competent performance by the Contractor under a contract. The Contractor has the basic inherent expectation of fair treatment under the contract, where the Contractor’s employees, when in Government facilities or in circumstances where the Government has primary control or responsibility, have the expectation of performance in a safe and non-hostile work environment.

2. Adherence to Standards. The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. Contractor employees performing work under this contract shall not:

a) Solicit new business (on-site at government spaces, or while on work during periods paid by Government) while performing work under the contract;

b) Conduct business other than that which is covered by this contract during periods paid by the Government;

c) Conduct business not directly related to this contract while on Government premises;

d) Use Government computer systems or networks, Government property or materials, and/or Government facilities for company or personal business;

e) Recruit while on Government premises or otherwise act to disrupt official

Government business while on Government premises.

f) Discuss with unauthorized persons any information obtained during the performance of work under this contract.

3. Reporting Matters.

a) Illegal and Unethical Conduct. The Contractor, and its employees shall immediately report to the Contracting Officer and/or Contracting Officer’s Representative, any illegal or unethical 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 identified in discrete Federal Acquisition Regulation or Homeland Security Acquisition Regulation clauses in force under this contract.

b) 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.

c) Government Employee Misconduct. In the event of misconduct by a government employee which is observed or witnessed by a contractor employee, (or in the event of any unauthorized conduct to which a Government employee may subject a contractor employee) the contractor employee shall immediately report such to their on-site contractor supervisor or other company-designated management official, the Contracting Officer and/or Contracting Officer’s Representative.

d) Workplace safety. In the event of any situation involving workplace safety, the contractor employee shall immediately report such to their on-site contractor supervisor or other company -designated management official, the Contracting Officer and/or Contracting Officer’s Representative.

4. The Contracting Officer may require dismissal from work under this contract and/or removal of access to government facilities, property, information and/or information systems of those employees which the Contracting Officer deems contrary to the public interest or inconsistent with the best interest of national security.

5. Non-Disclosure Agreements are required to be signed by all Contractor personnel when their role requires them to come into contact with Sensitive But Unclassified, Government procurement sensitive information, and/or other sensitive information, or proprietary business information from other Contractors (e.g., cost data, plans, and strategies). The recipient certifies in writing that they will take the necessary steps to prevent the unauthorized disclosure and use of information. The Contracting Officer will provide the prescribed non-disclosure forms as necessary to the Contractor when circumstances warrant.

B. BASIC REQUIREMENTS AFFECTING CONTRACTOR PERFORMANCE

1. Contractor Responsibility for Performance Management. The Contractor shall provide all management, administrative, clerical, and supervisory functions required for the effective and efficient performance of this contract.

2. Limitation on Government Liability. The Government shall not be liable for any injury to the Contractor’s personnel or damage to the Contractor’s property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to another Federal statutory authority.

3. Responsibility for Effective Contract Transitions. A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business. The Contractor shall cooperate fully in the transition.

4. The Government observes the following holidays:

New Year’s Day Martin Luther King, Jr. Birthday Washington’s Birthday (President’s Day) Memorial 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)

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 reimbursable and time and material (T&M) 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 are 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 shutdown 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. 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.

C. 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.

D. CONTRACTOR EMPLOYEE TRAINING REQUIREMENTS. The Contracting Officer’s Representative will identify any specified government training which the contractor’s employees with access to TSA IT accounts will be required to complete as a precursor to or coincident with their authorized access to or use of government space or facilities, equipment, information, or information systems as a necessary component of performance required under the contract. Contractor employees are responsible for providing required evidence of timely training completion when the Government assigns such training. The contractor shall provide fully trained and experienced personnel. Training of contractor personnel shall be performed by the contractor at its expense, except as directed by the Government through written authorization by the Contracting Officer to meet special requirements peculiar to the contract. Training includes 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.

E. COOPERATION WITH AUDITORS AND INVESTIGATORS. The Contractor shall cooperate fully with all auditors and investigators on all matters arising under or directly related to this contract and/or any other matter that may occur in relation to the contractor’s presence within Government facilities or due to access to Government information, information systems, property or equipment.

F. EMPLOYEE REMOVAL. The Government may identify to the Contractor any contractor employee for removal from contract performance upon notification of failure to comply with the requirements herein.

G. EMPLOYEE TERMINATION. The contractor shall notify the Contracting Officer and the Contracting Officer’s Representative within 48 hours when an employee performing work under this contract who has been granted access to government information, information systems, property, or government facilities access terminates employment, no longer is assigned to the contract, or no longer requires such access. The contractor shall be responsible for returning, or ensuring that employees return, all DHS/TSA -issued contractor/employee identification, all other TSA or DHS property, and any security access cards to Government offices issued by a landlord of commercial space.

H. PERSONNEL CHANGES. The Contractor shall notify the Contracting Officer’s Representative (COR) in writing of any changes needed in building, information systems, or other information access requirements for its employees in order to meet contract requirements not later than one day after any personnel changes occur. This includes name changes, resignations, terminations, and transfers to other Contractors. The Contractor shall provide the following information to the COR: full name, social security number, effective date, and reason for change.

I. SUBSTITUTION OF KEY PERSONNEL . The Contractor shall notify the Contracting Officer (CO) and the Contracting Officer’s Technical Representative (COR) prior to making any changes in Key Personnel. No changes in Key Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to or better than the qualifications of the Key Personnel being replaced or otherwise meet the standards applicable in the contract. All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The CO shall be notified in writing of any proposed substitution at least fifteen (15) days, or forty-five (45) days if either a background investigation for building or information system access and/or a security clearance (due to classified contract requirements that relate specifically to personnel) must be obtained to meet the contract’s requirements, in advance of the proposed substitution. Such notification from the contractor shall include:

1. an explanation of the circumstances necessitating the substitution;

2. a complete resume of the proposed substitute; and

3. any other information requested by the CO to enable him/her to judge whether or not the

Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

The CO and COR will evaluate substitution requests and promptly notify the Contractor of his/her approval or disapproval in writing. All disapprovals will require resubmission of another substitution within 15 calendar days by the Contractor.

J. FAILURE TO COMPLY. Any failure by the Contractor to comply with these requirements may result in a contract termination and/or any other remedy available to the Government, up to and including criminal prosecution where provided for by law.

K. INTERRELATIONSHIP OF ASSOCIATE CONTRACTORS. The TSA may enter into contractual agreements with other Contractors (i.e., “Associate Contractors”) in order to fulfill requirements separate from the work to be performed under this contract, yet having a relationship to performance under this contract. It is expected that contractors working under TSA contracts will have to work together under certain conditions in order to achieve a common solution for TSA. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant Contracting Officer (CO) and/or designated representative in providing suitable, non-conflicting technical and/or management interface and in avoidance of duplication of effort. Information on deliverables provided under separate contracts may, at the discretion of the TSA and/or other Government agencies, be provided to such other Contractor(s) for the purpose of such work.

Where the Contractor and an associate Contractor fail to agree upon action to be taken in connection with their respective responsibilities, each Contractor shall promptly bring the matters to the attention of the cognizant CO and furnish the Contractor’s recommendations for a solution. The Contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of failure of the Contractor and its associate to promptly refer matters to the CO or because of failure to implement CO directions.

Where the Contractor and Associate Contractors are required to collaborate to deliver a service;

the Government will designate, in writing and prior to the definition of the task, to both Contractors, a “lead Contractor” for the project. In these cases the Associate Contractors shall also be contractually required to coordinate and collaborate with the Contractor. TSA will facilitate the mutual execution of Non-Disclosure Agreements.

L. 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 clause. Nothing in this special contract requirement shall limit the Government’s rights in any way under any other term of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this special contract requirement shall be included in all subcontracts at any tier.

Compliance with this Special Contract Requirement is included in the contract price and shall not be a basis for equitable adjustment.

H.5200.239.002 SPECIAL INFORMATION TECHNOLOGY CONTRACT SECURITY

REQUIREMENTS (JUL 2015)

(a) Identification Badges. All Contractor employees shall be required to obtain and wear TSA identification badges when working in TSA facilities.

(b) Computer Access Agreement. All Contractor employees (users, managers, and operators of the TSA network) must sign TSA Form 1403, Computer Access Agreement. A copy of which shall be provided to the TSA contracting officer’s representative for retention for the duration of the contract.

(c) Personnel Security.

(1) Privileged access users are…