A00001_Revised_RFP_-_Clean.pdf

1. SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70T02018R9NOIA073

6. SOLICITATION ISSUE DATE

03/07/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

b. TELEPHONE NUMBER (No col-lect calls)

8. OFFER DUE DATE/ LOCAL

TIME

04/19/2018 at 1:00PM Eastern Standard Time (EDT) 9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR:

U.S. DEPARTMENT OF HOMELAND SECURITY

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

TRANSPORTATION SECURITY ADMINISTRATION

OFFICE OF CONTRACTING AND PROCUREMENT

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

TSA-25

701 S. 12TH ST.

ARLINGTON, VA 20598

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Attachment #42

See Attachment #42

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

$1,800,000.00

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COP-

IES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED

____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY AD-

DITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

GLORIA URIA

31c. DATE SIGNED

70T02018R9NOIA073 Page 2 of 126

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FI-

NAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

70T02018R9NOIA073 Page 3 of 126

Clauses incorporated by reference under this section:

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agree-ments or Statements-Representation (JAN 2017)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

70T02018R9NOIA073 Page 4 of 126

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Contract Line Items, Descriptions, and Ceilings - See Attachment 41 UES CLIN Quantity

See Attachment 42 in Section J for all IDIQ Option Period pricing and Task Order #1.

CLIN ITEM Description Services Provided Estimated Quantity Unit Price Total Estimated Cost

▪ Biographic Data Collection

▪ Biometric Data Collection (ex. Photo, Fingerprint, Iris, etc.)

▪ FBI Direct Channeling (does not include FBI fee)

▪ Document Authentication/Verification/Upload

▪ Fee Collection/Reconciliation

▪ Includes both First-Time Enrollments and In-Person Renewals

Customer Service Support (00002A)

▪ Customer Call Center - Populations Enrolled via

UES

See Attachment 4

Customer Service Support (00002B) -- Non-UES Population (00002AB)

▪ Customer Call Center Support - Populations NOT Enrolled via UES (e.g. HME Non-Agent States, TSA PreCheck Expansion)

See Attachment 4

00003 Card Management Support (Card Pick-Up and Mailing Support)

▪ In-Person Credential Pickup - Card Activation Labor, Card Inventory Support, Card Accessories (Lanyard, Card Care Instructions, etc.)

▪ Mailed Credential Support - Direct Mailing Hub Support/Infrastructure, Card Accessories (Lanyard, Card Care Instructions, etc.) Applies to both full in person TWIC enrollments

See Attachment 4 See Note A See Note C

00004

Web-Only Transaction (ex.

Online Only Renewals, Comparable Enrollments, Replacement Card Online Orders, etc.)

Online only transaction for applicants that do not require a visit to an enrollment center, but require application processing, payment processing, etc.

See Attachment 4 See Note B See Note C

Hard Card Fingerprint Processing and Channeling (00005A)

Hard Card processing (e.g. AFSP digitization) See Attachment 4

Electronic Fingerprint Processing and Channeling (00005B)

Electronic Fingerprint Processing (e.g. AFSP via

NATA)

See Attachment 4

00006 Transition TWIC From Legacy Center and the Direct Mailing Operations CLIN

See Attachment 4

00007 Other Direct Costs Other Direct Costs - Not To Exceed (NTE) See Note D

00008 Engineering Services/Operational System Changes

See Note E

See Note A

00005

00001 See Attachment 4

00002 See Note A See Note B See Note C

In-Person Enrollment

(00001AA)

70T02018R9NOIA073 Page 5 of 126

Note A - In no circumstance may the Contractor’s proposed fee be greater than $45 for the combination of CLINs 00001 (In-Person Enrollment), CLIN 00002 (Customer Service Support), and CLIN 00003 (Card Management Support).

Note B: In no circumstance may the Contractor proposed fee be greater than $20 for the combination of CLINs 00002 (Customer Service Support) and 00004 (Online-Only Transaction).

Note C: The total fee charged to the applicant shall be comprised of CLIN 00001 (In-Person Enrollment), CLIN 00002 (Customer Service Support), CLIN 00003 (Card Management Support) and CLIN 00004 (Online-Only Transaction) as well as the FBI fee and TSA's portion of the fee.

Note D: Other Direct Cost will be determined at the task order. Estimated ODC are $50,000.00 or less per year.

Note E: Engineering Services/Operational System Changes will be determined at the task order. This is estimated to be $4,400,000.00 per year.

B.2 General The Contractor shall provide, in accordance with issued CLIN’s, all management, supervision, labor, fa-cilities, and materials necessary to provide security support services to TSA’s projects and programs on a contract.

B.3 Contract Type The contract has the following contract types per line item:

Contract Line Item Contract Type 00001 – 00006, Firm Fixed Price (FFP) 00008 and Task Order for Engineering Ser-vices/Operational system changes

Time and Materials (T&M) and Firm Fixed Price (FFP)

B.4 Contract Pricing

B.4.1 Loaded Labor Rates Applicable to Time and Materials (T&M) CLINS

CLINs 00008 will be issued for work listed in IDIQ SOW Section 4.8, Future Capabilities, and exercised on a T&M basis shall be priced using the loaded labor rates that do not exceed those specified in Section B.5, Loaded Labor Rates Tables. The labor rates reflect the fully-burdened rates (including profit) for each labor category and apply to all direct labor hours.

(a) Labor. The labor rates in Section B.5 are fully-burdened hourly rates for each skill classification and apply to all direct labor hours. The fully-burdened labor rates include all direct, indirect, general and administrative costs and profit associated with providing the required skill. The fully-burdened labor rates include all labor and labor-related costs, such as, but not limited to, the following list of representative labor-related costs: salaries, wages, bonuses to include stock bonuses, incentive awards, employee stock options, stock appreciation rights, employee stock ownership plans, employee insurance, fringe benefits, contributions to pension, other post-retirement benefits, annuity, employee

70T02018R9NOIA073 Page 6 of 126 incentive compensation plans, incentive pay, shift differentials, overtime, vacation time, sick pay, hol-idays, and all other allowances that should be included in a comprehensive employee compensation plan.

(1) Government Site Rates. These rates shall be used when contractor personnel are per-forming at Government site. The Government will provide reasonable work space, fur-niture, equipment and supplies, as specified in the contract.

(2) Contractor Site Rates. These rates shall be used when contractor personnel are perform-ing at the Contractor’s own facility/site. The Contractor shall furnish all office space, supplies, materials and services required to perform the work. This includes, but is not limited to, telephones, faxes, copiers, personal computers, postage (to include courier services such as Federal Express), ordinary business software (e.g., word processing, spreadsheets, graphics, etc.), normal copying and reproduction costs.

(b) Other Direct Costs. The Other Direct Costs (ODCs) are for related travel and miscellaneous items. The cost of general-purpose items required for the conduct of the Contractor’s normal business operations will not be considered an allowable ODC in the performance under this contract. Only travel/miscellaneous items authorized in writing by the COR prior to expendi-ture shall be reimbursed.

B.4.1.2 T&M Task Orders

For T&M type CLIN 00008, the quantity of hours from each labor category will be specified as delivera-ble hours billable at the ceiling rates specified in the Section B.5 Pricing Rate Tables or as negotiated, if lower rates are proposed for contract. ODCs will be estimated for each option CLINs. Profit/fee is unal-lowable on ODCs. The cumulative extended total of all labor categories ordered plus ODCs will define the CLINs ceiling price. The government will not reimburse the Contractor for costs incurred beyond the ceiling price, for hours not delivered, for hours delivered but in excess of the quantities instructed for a particular labor category or for ODCs exceeding authorized amounts. For hours instructed but not deliv-ered, the Government may issue a unilateral modification to the order that reduces the price of the order and de-obligates funds from the order in proportion to the number of hours ordered but not delivered. The contractor is not permitted to adjust T&M labor hours among categories after award within the overall NTE of the order, unless approved in writing by the Contracting Officer.

B.5 LOADED LABOR RATES TABLES for Contractor

Labor Category – Government FY 18 Hourly Rate Onsite Hourly Rate Offsite

Labor Category – Government FY 19 Hourly Rate Onsite Hourly Rate Offsite

Labor Category – Government FY 20 Hourly Rate Onsite Hourly Rate Offsite

Labor Category – Government FY 21 Hourly Rate Onsite Hourly Rate Offsite

Labor Category – Government FY 22 Hourly Rate Onsite Hourly Rate Offsite

70T02018R9NOIA073 Page 7 of 126

Labor Category – Government FY 23 Hourly Rate Onsite Hourly Rate Offsite

Labor Category – Government FY 24 Hourly Rate Onsite Hourly Rate Offsite

Labor Category – Government FY 25 Hourly Rate Onsite Hourly Rate Offsite

Labor Category – Government FY 26 Hourly Rate Onsite Hourly Rate Offsite

Labor Category – Government FY 27 Hourly Rate Onsite Hourly Rate Offsite

Template Instructions:

For Labor Rates Table, the Offeror shall complete the labor rate tab in Attachment #42 create a row for each proposed labor category. Use as many rows as necessary; one row for each labor category (LCAT).

Refer to Attachment #40 “UES Labor Category Descriptions” a listing of the minimum categories that shall be addressed in the pricing rate table. Enter data as indicated in column heading or cross-reference the proposal page on which the required information may be found.

(End of Section B)

Section C: Statement of Work

See Section J for Statement of Work Attachment for IDIQ Attachment #1 See Section J for Statement of Work Attachment for Task Order Attachment #2

SECTION D- PACKAGING AND MARKING

D.1 Sensitive Information Packaging and Marking

All items shall be delivered in accordance with Section D of the contract.

Page Marking

Prominently mark the bottom of the front cover, first page, title page, back cover and each individual page containing FOUO information with the caveat “FOR OFFICIAL

USE ONLY.”

Deliverables

All deliverables submitted to the Contracting Officer, the Program Manager, or the COR, shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract number;

(b) Order number;

(c) Name and address of the consignor;

(d) Name and address of the consignee;

(e) Government bill of lading number covering the shipment (if any); and

(f) Description of the item/material shipped, including item number, quantity, number of containers, and package number (if any).

(g) Specific marking requirements may be addressed in individual TOs.

Specific FOUO Types

Materials containing specific types of FOUO may be further marked with the applicable caveat, e.g., “LAW ENFORCEMENT SENSITIVE,” in order to alert the reader of the type of information conveyed. Where the sensitivity of the information warrants addi-tional access and dissemination restrictions, the originator may cite additional access and dissemination restrictions. For example:

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It is to be con-trolled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information. This information shall not be distributed be-yond the original addressees without prior authorization of the originator.

FOUO Transmittal Outside of DHS

Materials being transmitted to recipients outside of DHS, for example, other federal agen-cies, state or local officials, etc. who may not be aware of what the FOUO caveat repre-sents, shall include the following additional notice:

WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It contains infor-mation that may be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be re-leased to the public or other personnel who do not have a valid “need-to-know” without prior approval of an authorized DHS official.

information will be marked “FOR OFFICIAL USE ONLY.”

General Handling Procedures

Although FOUO is the DHS standard caveat for identifying sensitive unclassified infor-mation, some types of FOUO information may be more sensitive than others and thus warrant additional safeguarding measures beyond the minimum requirements established in this manual. For example, certain types of information may be considered extremely sensitive based on the repercussions that could result should the information be released or compromised. Such repercussions could be the loss of life or compromise of an in-formant or operation. Additional control requirements may be added as necessary to af-ford appropriate protection to the information. DHS employees, contractors, and detail-ees must use sound judgment coupled with an evaluation of the risks, vulnerabilities, and the potential damage to personnel or property as the basis for determining the need for safeguards in excess of the minimum requirements and protect the information accord-ingly.

FOUO Coversheet Usage

When removed from an authorized storage location and persons without a need-to-know are present, or where casual observation would reveal FOUO information to unauthorized persons, a “FOR OFFICIAL USE ONLY” cover sheet will be used to prevent unauthor-ized Auditing. The Contractor shall ensure that its contractor-owned IT systems used to store or process DHS sensitive information maintain an audit trail sufficient to recon-struct security relevant events. Audit trails shall include the identity of each person and device accessing or attempting to access the system, the time and date of the access and the log-off time, activities that might modify, bypass, or negate security safeguards, and security-relevant actions associated with processing. The Contractor shall periodically review audit logs and ensure that audit trails are protected from modification, authorized access, or destruction and are retained and regularly backed up. (See TSA 1400.3, Chap-ter 4, Sections 10 – Security Audit Trails)

Rules of Behavior. The Contractor shall develop and enforce Rules of Behavior for contractor-owned IT systems that process or store

DHS sensitive information. (See TSA 1400.3, Chapter 3, Section 3 – Pri-vacy and Acceptable Use Agreement)

The Contractor shall adhere to the policy and guidance contained in DHS MD4300.Pub, Volume II, Part A, IT Security Program Handbook for Sensitive Systems in the implementation of this clause; as well as the TSA MD 1400.3 Pub Information Technology Security Manual, in above cited Sections within Chapters 2-4.

All individuals that will have access to SSI under this Contract shall obtain a Non-Disclosure Agreement from the Contracting Officer.

Sources:

DHS MD4300.Pub, Volume I, Part A, Policy Guide for Sensitive Systems, para 3.2, Contractors and Outsourced Operations (2nd and 3rd policy statements)

TSA MD 1400.3 Information Technology Security Manual

(End of Section D)

SECTION E- INSPECTION AND ACCEPTANCE

E.1 Contractor Inspection Requirements

See Section I of this contract for applicable FAR/HSAR provisions and clauses.

E.2 Review of Deliverables

E.2.1 The Government will provide written acceptance, comments and/or change requests, if any, within thirty (30) business days from receipt by the Government of the initial deliverable.

E.2.2 Upon receipt of the Government comments, the Contractor shall have thirty (30) business days to incorporate the Government's comments and/or change requests and to resubmit the de-liverable in its final form.

E.2.3 If written acceptance, comments and/or change requests are not issued by the Government within 30 calendar days of submission, the draft deliverable shall be deemed acceptable as writ-ten and the Contractor may proceed with the submission of the final deliverable product.

(End of Section E)

SECTION F- DELIVERIES OR PERFORMANCE

F.1 Clauses Incorporated by Reference

(FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available.

Also, the full text can be accessed electronically at the following internet address:

http://www.acquisition.gov/far .

FAR Clause No. Title and Date 52.242-15 Stop-Work Order (AUG 1989)

52.242.17 Government Delay of Work (APR 1984)

F.2 Term of the Contract

This IDIQ ordering period has the potential to last up to 10 years. During the three-year base pe-riod, the Government will evaluate contractor performance and if performance supports continu-ing the IDIQ, the contractor shall potentially earn up to two (2) two-year option periods, and three (3) one-year option periods. A task order shall be awarded at the time of the IDIQ award.

Task orders can be awarded 12 months after the IDIQ expiration, as long as the order is in place prior to the period of performance end date of the IDIQ, and is within the IDIQ ceiling.

IDIQ ORDERING PERIOD OF UP TO 10 YEARS

Years Total Years

Base IDIQ Period 3 3

Option 1 2 5

Option 2 2 7

Option 3 1 8 Option 4 1 9 Option 5 1 10

Task order #1 will be awarded at the same time as the IDIQ award. Task order #1 will be awarded with a ten (10) year period of performance. Please see table below for task order struc-ture:

TASK ORDER ORDERING PERIOD OF UP TO 10 YEARS

Years Total Years

Base Task Order Period 3 3

Option 1 2 5

Option 2 2 7

Option 3 1 8 Option 4 1 9 Option 5 1 10

As discussed in FAR clause 52.217-9, “Option to Extend the Term of the Contract,” the Govern-ment may extend the term of the contract by written notice to the contractor within 60 days; pro-vided that the Government gives the contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Govern-ment to an extension. Additional information regarding this clause can be found in Section I of this RFP.

F.3 Performance Period and Pricing

Optional CLINs may be exercised at any time during the base and/or option periods. The first task order will be for a three (3) year base period with performance beginning date of award with two (2) two-year options and three (3) one-year options period for extending the task order.

(End of Section F)

SECTION G- CONTRACT ADMINISTRATION DATA

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 con-sidered 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: Gloria Uria

PHONE NUMBER: (571) 227-2429

EMAIL: Gloria.Uria@tsa.dhs.gov

Contract Specialist: TBD. The Contract Specialist will assist the Contracting Officer with the tasks and details associated with the pre-award and post-award phases of the contract. The Con-tract Specialist does not have authority to alter the contractor’s obligations or to change the con-tract specifications, price, terms or conditions.

G.5200.242.001 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND TECH-

NICAL 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, monitor-ing 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 per-formed 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 COR:

NAME:

PHONE NUMBER:

EMAIL:

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 writ-ing.

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 ef-ficiency 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 signifi-cant.

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 re-quest 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 authoriza-tion 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 per-form 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 imme-diate 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 sub-mitted 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 clause)

G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015)

(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. 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 re-ceived, regardless of the method of submission used. Contractors may inquire regarding the re-ceipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this clause.

2) All others is to be used for any not specifically listed.

U.S. Mail:

All others

United States Coast Guard Finance Center

TSA Commercial Invoices

P.O. Box 4111

Chesapeake, VA 23327-4111

(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.

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 dis-counted 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 dis-count 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 pay-ment 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 con-tract.

(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, in-cluding 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 cor-responding 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 sub-missions 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. Supple-mental 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 certi-fies 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 develop-ment 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. Invoicing frequency will be addressed specifically in each task order.

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

TSA Special Terms

H.5200.204.001 MAJOR BREACH OF SAFETY OR SECURITY (DEC 2015)

(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. Safety is essential to TSA and com-pliance with safety standards and practices is a material part of this contract. A major breach of safety may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of safety must be related directly to the work on the agreement. A major breach of safety is an act or omission of the Contractor that consists of an accident, incident, or exposure resulting in a fatality, serious injury, or mission failure; or in damage to equipment or property equal to or greater than $1 million; or in any "will-ful" or "repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan.

(b) Security is the condition of safeguarding against espionage, sabotage, crime (including computer crime), or attack. A major breach of security may constitute a breach of contract that entitles the Govern-ment to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of security may occur on or off Government installations, but must be related directly to the work on the agreement. A major breach of security is an act or omission by the Contractor that results in compromise of classified information or sensitive security information or sensitive but unclassified information, including contractor proprietary information, illegal technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial of infor-mation technology services, equipment or property damage from vandalism greater than $250,000, or theft greater than $250,000.

NOTE: Breach of Security for the purposes of this definition should not be confused with breach of secu-rity in screening operations.

(c) In the event of a major breach of safety or security, the Contractor shall report the breach to the Con-tracting Officer. If directed by the Contracting Officer, the Contractor shall conduct its own investigation and report the results to the Government. The Contractor shall cooperate with the Government investiga-tion, if conducted.

(End of clause)

H.5200.204.002 PERSONNEL ACCESS (MAR 2016)

1. All Contractor personnel requiring access to TSA facilities, information systems, or information will be subject to the security procedures set forth in this contract.

2. Whenever personal identity verification (PIV) cards are required for issuance or re-issuance to contractor personnel for authorized access to Government facilities, under the guidance of the Contracting Officer’s Representative (COR), the Contractor is responsible for making all arrangements for affected Contractor personnel to report in-person at the nearest Government issuing facility to initiate and com-plete 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 avail-able for the completion of this requirement for TSA contractors are as listed by the TSA Personnel Secu-rity Section, and the COR will advise the Contractor about Government PIV card issuing facility loca-tions that are nearby the contractor’s location(s) of performance that will be potentially available for card issuance when required.

(End of clause)

H-1 H.5200.204.004 REQUIREMENTS AND DUTIES FOR HANDLING SENSITIVE SECU-

RITY INFORMATION (SSI) (JUL 2015)

Pursuant to 49 U.S.C. § 114(r), Sensitive Security Information and Nondisclosure of Security Activities, Sensitive Security Information (SSI) is a category of sensitive but unclassified (SBU) information that must be protected because it is information that, if publicly released, would be detrimental to the security of transportation. Under 49 Code of Federal Regulations Part 1520.5(a), the SSI Regulation also provides additional reasons for protecting information as SSI beyond the condition that the release of the infor-mation would be detrimental to the security of transportation. TSA, however, primarily uses the criterion of “detrimental to the security of transportation” when determining whether information is SSI.

Title 49 of the Code of Federal Regulations, Part 1520 defines the scope, categorization, handling require-ments and disposition of information deemed SSI is the 49 C.F.R. Part 1520 (http://ecfr.gpoaccess.gov/).

Persons authorized to access specific SSI (i.e., covered persons) include those contracted to DHS or TSA with a need-to-know basis for specific information in the course of fulfilling their TSA contractual obliga-tions. TSA may deliver SSI materials to the Contractor. Also, materials created by the Contractor may require SSI designation and protection, and the Contractor has the responsibility to identify such materials to TSA as possible SSI. For guidance while working on TSA and DHS matters, see the TSA SSI Appli-cation Guide, 2011_04_01 for identifying the type of information covered by the regulation.

For purposes of this clause, the term “Contractor” shall include an individual or other legal entity who performs work for or on behalf of TSA or DHS under a contract, interagency agreement, or other transac-tion agreement. Such contracts include, but are not limited to, contracts between any non-Federal entity and/or TSA or DHS and subcontracts, joint venture agreements, and teaming agreements between any non-Federal entity and another non-Federal entity to perform work related to the primary contract with the TSA or DHS.

While SSI is not classified national security information subject to the handling requirements governing classified information, it is subject to certain legal disclosure limitations. To ensure regulatory compli-ance, the Contractor shall be subject to the following requirements and include this entire clause as flow-down in subcontracts, etc.:

(a) Handling and Safeguarding. The TSA Contractor shall safeguard and handle any SSI in accord-ance with the policies and procedures outlined in 49 C.F.R. Part 1520, as well as the DHS and TSA poli-cies and procedures for handling and safeguarding SSI. These safeguarding procedures shall include SSI recognition, identification and marking of materials that possibly contain SSI, including Contractor-cre-ated materials, as well as following restrictions on disclosure, storage, handling, sharing, dissemination and destruction of SSI. The Contractor, without exception, shall place this requirement in all subcon-tracts, joint venture agreements, and teaming agreements related to the performance of this contract.

(b) Non-Disclosure Agreements (NDAs). The Contracting Officer will provide the non-disclosure form (DHS Form 11000-6), as necessary, to the Contractor when circumstances warrant. NDAs are re-quired to be signed by all Contractor personnel when access to SSI is necessary for performance of the contract. By signing the NDA, the recipient certifies in writing that they will take the necessary steps to prevent the unauthorized disclosure and use of information.

(c) Request for Access to SSI materials. Pursuant to 49 C.F.R. Part 1520.9(a)(3), the Contractor must contact SSI@tsa.dhs.gov for guidance on handling requests to access to SSI (before using SSI materials) for any other purpose besides activities falling within the scope of the contract by other persons, including requests from experts, consultants, and legal counsel (“requesters”) hired by the Contractor. The Contrac-tor shall include the Contracting Officer (CO) and Contracting Officer Representative (COR) as a carbon copy “cc” recipient of its contact to SSI@tsa.dhs.gov. The TSA SSI Office must first make a determina-tion as to whether the requesters are a “covered person” with a “need to know” under 49 C.F.R. Parts

1520.7 and 1520.11.

(d) Training and Certification. All Contractor personnel who are covered persons with a need-to-know basis must complete the TSA-mandated SSI Awareness Training course prior to accessing SSI, and on an annual basis for the duration of the contract or for the duration of the requester’s need for access to SSI, whichever is later. Contractor personnel must also review and adhere to the SSI Quick Reference Guide for DHS Employees and Contractors. The Contractor shall certify to the Contracting Officer annu-ally that all covered persons have completed the mandated SSI training, that all SSI policies and proce-dures have been followed, and that those individuals with access understand their responsibilities to pro-tect the information.

(e) Breach. In accordance with 49 C.F.R. Part 1520.9(c), the Contractor agrees that in the event of any actual or suspected breach of SSI (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the Contractor shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer and the COR. The Contractor is responsible for positively verifying that notification is received and acknowledged by at least one of the foregoing Government officials.

In the event that an SSI breach occurs as a result of the violation of a term of this contract by the Contrac-tor or its employees, or the Contractor’s covered persons, the Contractor shall, as directed by the Con-tracting Officer and at no cost to the Government, without delay correct or mitigate the violation.

For unauthorized disclosure of SSI, the Contractor and Contractor's employees and Contractor’s covered persons may also be subject to civil penalties and other consequences as set forth in 49 CFR Part 1520.17.

(End of clause)

H-2. H.5200.204.006 PERFORMANCE BY FOREIGN NATIONAL CONTRACTOR EMPLOY-

EES (MAY 2017)

Notwithstanding the requirements in HSAR 3052.204-71, Contractor Employee Access, contractors who propose to have contract work performed by contractor employees who are not United States Citizens or Lawful Permanent Residents and who will have access to sensitive by unclassified information in perfor-mance of their job shall be required to submit biographical information (e.g. name, date of birth, passport information, etc.) for vetting purposes.

The required vetting must occur both prior to the start of the contract, and annually thereafter. As such, the contractor must submit the necessary biographical information no later than ninety (90) days prior the start of the contract and prior to the end of the contract’s annual performance period. In the event such

Contractor employees are no longer utilized for performance under the contract, the Contractor shall no-tify the Contracting Officer and Contracting Officer Representative (COR) by xx day and begin the re-placement of personnel and vetting. The re-vetting of all said current personnel shall remain on the above annual schedule. Please note that this requirement under this contract’s Key Personnel clause(s) for any non-United States Citizens or Lawful Permanent Residents that are deemed key personnel remain in ef-fect.

This annual vetting process requirement does not and will not affect the Government’s separate and uni-lateral discretion on whether to exercise the contract’s option(s) to extend the contract nor the Contracting Officer’s discretion on whether to issue a notification to exercise the contract’s option period. The admin-istrative requirement for contractor submission of vetting information (along with any vetting clearance results) will have no relationship as to whether the Contracting Officer issues a notice of intent to exercise an option and the Government’s discretion to exercise the option.

The required information shall be provided in a password protected Microsoft Excel spreadsheet emailed to the Contracting Officer. The Contracting Officer may delegate the receipt of this information to the re-spective COR. In order to ensure protection of this information, the password for the password protected spreadsheet shall be sent to the Contracting Officer (or delegated COR) in a separate email, at the same time. If multiple Foreign National employees from one company require vetting, that company must sub-mit a single complete spreadsheet. All password protected submissions shall be protected by the Govern-ment and destroyed upon conclusion of the annual vetting exercise.

The Contracting Officer and/or COR will notify the contractor of the conclusion of the vetting process.

(End of clause)

H.3 H.5200.209.004 STAFF-LIKE ACCESS DETERMINATION FOR CONTRACTOR EM-

PLOYEES (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 re-port, 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 contrac-tor 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. Simi-lar 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 investi-gative requirements. Contractor employees who have a federal investigation sufficient in scope will im-mediately be processed for final fitness adjudication. Those contractor employees who do not have a pre-vious 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 Man-agement (OPM).

Phase 3: Final Fitness Adjudication: TSA PerSec will complete the final fitness determination after re-ceipt, review, and adjudication of the completed OPM background investigation. The final fitness deter-mination 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 con-tractor employee has been deemed unfit for continued contract employment and that he/she shall be re-moved from the TSA contract.

H.4 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.5 H.5200.218.001 CONTINGENCY AND/OR CONTINUITY OF OPERATIONS SUPPORT

OF TRANSPORTATION SECURITY ADMINISTRATION OPERATIONS (DEC 2015)

(a) Background. The Transportation Security Administration (TSA) is a component of the Department of Homeland Security (DHS) and is responsible for the security of the nation’s transportation system.