Amendment 0002_Attachment 3_RFP 70T04023R7672N011_final.pdf

Request for Proposal (RFP)

Purchase and Installation of Advanced Imaging Technology (AIT)

Transportation Security Administration (TSA) Enterprise Support (ES)

Acquisition Program Management (APM) 70T04023R7672N011

CONTENTS

PART I – Standard Form 1449 PART II – Continuation of Standard Form 1449

2.1 General

2.2 Resulting Contract

2.3 Contracting Officer’s Authority

2.4 Deliverables

2.5 Place of Performance

2.6 Period of Performance

2.7 Security Clearances

PART II. A – Statement of Work PART III- Contract Clauses

3.1 Clauses Incorporated by Reference

3.2 Clauses Incorporated by Full Text

PART IV Solicitation Documents, Exhibits, or Attachments

4.1 Attachments

PART V Solicitation Provisions

5.1 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103

5.2 Annual Representations and Certifications

Part VI Instructions, Conditions, and Notice to Offerors

6.1 Points of Contact

6.2 Questions and Amendments

6.3 Errors, Omissions or Ambiguities

6.4 Proposal Cost Payment

6.5 Proposal Acceptance Period

6.6 Qualif ication Requirements

6.7 Instructions to Offerors-Commercial Items

6.8 Proposal Preparation

6.9 Proposal Submission Instructions

6.10 Proposal Content

Part VII Evaluation Factors for Award

7.1 Conformance to RFP

7.2 Basis of Award

7.3 Evaluation Factors and Relative Order of Importance

7.4 Evaluation Factor Ratings

7.5 Responsibility Determination

7.6 Evaluation Approach

PART I – STANDARD FORM 1449

[Fully executed SF1449 shall be provided at time of award]

PART II – CONTINUATION OF STANDARD FORM 1449

2.1 GENERAL

The purpose of this Request for Proposal (RFP) solicitation is to procure and install Advanced Imaging Technology (AIT) systems to support the Transportation Security Administration’s (TSA’s) AIT Program. The proposed AIT system must be qualified under the associated Qualified Products List (QPL) in accordance with FAR 52.209-1 -- Qualification Requirements.

The awarded contract resulting from this solicitation will only be for systems that are qualified.

Offerors must provide verification that the proposed AIT system is qualified as part of the proposal submission. Additional details are outlined in RFP Section 6.9 Proposal Submission Instructions. If the Offeror’s system has not been qualified by the proposal due date , the Offeror’s proposal will not be evaluated and will be removed from award consideration.

2.2 RESULTING CONTRACT

2.2.1 CLIN STRUCTURE

The table below outlines the Firm Fixed Price (FFP) CLIN structure of the resulting contract award from this solicitation. Offerors must utilize Attachment A, CLIN Schedule, when submitting their Volume IV Factor 3 Price Proposal.

Table 1: CLIN Schedule CLIN CLIN Description Units Q uantity Unit

Price Extended

Price Non O ptional CLINs [FFP] (CLINs 0001-0005)

AIT Systems and Services This CLIN must be inclusive of all requirements outlined in SOW Sections 2.1, except Seismic Brackets (see Optional CLIN 0011)

Each 10 $ $

Warranty and Maintenance Services- 2 Years This CLIN must be inclusive of all requirements outlined in SOW Sections 2.5

Each 10 $ $

Shipping - the shipping unit price shall be applied to shipments made to all regions (OCONUS, West, Central, and East).

This CLIN must be inclusive of all requirements outlined in SOW Sections 2.2

Each 10 $ $

Installation This CLIN must be inclusive of all requirements outlined in SOW Sections 2.3

Each 10 $ $

Training This CLIN must be inclusive of all requirements outlined in SOW Sections 2.4

Each 1 $ $

O ptional CLINs [FFP] (CLINs 0006-0010)

AIT Systems and Services This CLIN must be inclusive of all requirements outlined in SOW Sections 2.1, except Seismic Brackets (see Optional CLIN 0011)

Each 58 $ $

0007 Warranty and Maintenance Services - 2 Years Each 58 $ $

CLIN CLIN Description Units Q uantity Unit Price

Extended Price

This CLIN must be inclusive of all requirements outlined in SOW Sections 2.5

Shipping - the shipping unit price shall be applied to shipments made to all regions (OCONUS, West, Central, and East).

This CLIN must be inclusive of all requirements outlined in SOW Sections 2.2

Each 58 $ $

Installation This CLIN must be inclusive of all requirements outlined in SOW Sections 2.3

Each 58 $ $

Training This CLIN must be inclusive of all requirements outlined in SOW Sections 2.4

Each 5 $ $

Seismic Brackets This CLIN must be inclusive of all requirements outlined in SOW Sections 2.1

Each 68 $ $

*For purposes of developing the total evaluated price, all Offerors must utilize Attachment A- CLIN Schedule when submitting their Volume IV Factor 3 Price Proposal.

2.2.2 CONTRACT TYPE

The Government contemplates award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

2.3 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) administering the contract award resulting from this solicitation has responsibility for ensuring the performance of all necessary actions for ensuring compliance with the terms of this Contract, effective contracting, and safeguarding the interests of the United States in its contractual and legally binding agreements. The CO administering the resulting award is the only individual who has the authority to enter into, administer, or terminate this award and is the only person authorized to approve changes to any of the requirements under the award.

2.4 DELIVERABLES

Deliverables outlined in the attached SOW shall be provided to the Contracting Officer’s Representative (COR) via email in MS Office format clearly marked with:

• Title of the submittal

• CLIN

Offerors hereby are notified that TSA is a Microsoft based environment for office productivity tools. Document deliveries must be in a Microsoft format (where indicated).

2.4.1 POST AWARD CONFERENCE MEETING

A contractor that is chosen for an award under this contract shall participate in a post award conference that will be held within fourteen (14) days after contract award, unless otherwise agreed to by the Contracting Officer. The purpose of the post award conference is to aid both the contractor and the Government in achieving a clear and mutual understanding of all contract requirements and to identify and resolve potential problems (see FAR Subpart 42.5, Post award Orientation). The post award conference will establish work level points of contact, determine the administration strategy, roles, and responsibilities, and ensure prompt payment and contract closeout.

The CO is responsible for establishing the time and place of the conference and will notify the appropriate Government representatives and the contractors. The CO will designate or act as the chairperson at the conference. The conference shall be conducted virtually.

2.4.2 PROGRESS MEETINGS

Progress meetings shall take place at the Government's facility or via teleconference at the discretion of the CO.

2.5 PLACE OF PERFORMANCE

The resulting award will consist of multiple places of performance to include, but not limited to, TSA airport and testing facilities where systems shall be deployed. Deployment locations shall be provided by the TSA post award.

2.6 PERIOD OF PERFORMANCE

2.6.1 AWARD PERIOD OF PERFORMANCE

The period of performance (PoP) of this award shall not exceed a total of seven (7) years from date of contract award. The TSA intends to initially purchase ten (10) AIT systems and supporting services via CLINs 0001 – 0005 at the time of award. Optional AIT systems and supporting services may be purchased via CLINs 0006-0010 within five (5) years of contract award. The TSA reserves the right to partially exercise and restate all optional CLINs at any time during the duration of the PoP.

2.7 SECURITY CLEARANCES

If required, the contractor is responsible for providing personnel with appropriate security clearances to ensure compliance with Government security regulations. The contractor shall fully cooperate on all security checks and investigations by furnishing requested information to verify the contractor employee's trustworthiness and suitability for the position. Clearances may require Special Background Investigations (SBI), Sensitive Compartmented Information (SCI) access or Special Access Programs (SAP), or agency-specific access, such as a clearance for restricted data.

PART II. A – STATEMENT OF WORK

Please see Attachment B for the SOW.

PART III- CONTRACT CLAUSES

Clauses incorporated by full text below have either been updated or require a fill-in.

3.1 CLAUSES INCORPORATED BY REFERENCE

3.1.1 FAR CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more 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 may be accessed electronically at the following Internet address:

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

The following clauses are hereby incorporated by reference:

FAR Clause Title

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(NOV 2021)

52.204-26 Covered Telecommunications Equipment or Services--Representation (OCT 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.203-3 Gratuities (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-6 Restrictions on Subcontractor Sales to the Government--Alternate I (NOV 2021) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) 52.204-7 System for Award Management (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-20 Predecessor of Offeror (AUG 2020) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

52.209-7 Information Regarding Responsibility Matters (OCT 2018) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-12 Certification Regarding Tax Matters (OCT 2020) http://www.acquisition.gov/far/

FAR Clause Title 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (NOV 2021)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (DEC 2022)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JUN 2023)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2019)

52.217-4 Evaluation of Options Exercised at Time of Contract Award (JUN 1988) 52.217-5 Evaluation of Options (JUL 1990) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999) 52.222-25 Affirmative Action Compliance (APR 1984) 52.222-26 Equal Opportunity (SEP 2016) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation (DEC 2016) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) 52.239-1 Privacy or Security Safeguards (AUG 1996)

3.2 CLAUSES INCORPORATED BY FULL TEXT

3.2.1 SUBMISSION OF INVOICES

SUBMISSION OF INVOICES (MAY 2022)

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

Invoice Submission Method: Invoices may be submitted via U.S. Mail, or email.

Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference:

It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed under Payment Status below.

1. Address to mail invoices:

United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111

Chesapeake, VA 23327-4111

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

Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices.

Discounts on invoice s. 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.

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/pa yment.htm

Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and SAM-issued Unique Entity Identifier (UEI) are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the mailto:FIN-SMB-TSAInvoices@uscg.mil http://www.fincen.uscg.mil/ http://www.fincen.uscg.mil/ http://www.fincen.uscg.mil/secure/pa performance of the Contract.

Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Representative. Note for “time-and-material” type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a “time-and-materials” type contract, order, or contract line item: “The Contractor hereby certifies in accordance with paragraph

(c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract’s specified requirements for the labor category invoiced.”

Additional Invoice Preparation Instructions for Software Development and/or Hardware . The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.)

Frequency of Invoice Submission CLIN Invoice Frequency and Acceptance

0001 & 0006

The Contractor may invoice for 100% of the AIT unit price upon successful completion and acceptance of SAT for each AIT System.

Invoices shall include a TSA Form 251, Vendor Shipping and Receiving Report, indicating successful completion SAT and signed by the COR.

0002 & 0007 The Contractor may invoice monthly for Warranty / Maintenance and Logistics Support upon TSA acceptance.

0003 & 0008 Contractor may invoice 100% of shipping costs upon completion of each shipping action upon TSA acceptance.

0004 & 0009

The Contractor may invoice for 100% of the AIT Installation unit price upon successful completion and acceptance of SAT for each AIT System

Invoices shall include a TSA Form 251, Vendor Shipping and Receiving Report, indicating successful completion SAT and signed by the COR.

0005 & 0010 Contractor may invoice 100% of training costs upon completion of providing all training requirements and conducting all training sessions.

CLIN Invoice Frequency and Acceptance

0011 The Contractor may invoice for 100% of the Seismic Bracket unit price upon successful installation and approved by the TSA.

Timely Submission of Invoice s: In order to ensure reimbursement under this contract, invoices shall be timely submitted for payment. Contractors must submit an invoice to the payment office as indicated for all allowable and allocable internal expenditures made during the specified invoice period pursuant to the Contract. Also be advised that under 31 U.S.C. §§ 1552 and 1553, funds that were obligated to the contract, but that have expired, remain available for adjustments for five (5) fiscal years following expiration of the period for which the relevant appropriation was made. After the respective timeframe, the expired account closes and the funds are not available for any purpose.

Invoices for Transportation Security Equipment, related peripheral equipment, and/or associated services (e.g. site surveys, site preparation, upgrades, shipping, temporary storage, travel, testing, rigging, installation, integration, and networking) shall:

1. Be submitted with TSA Form 251/251-1, Vendor Shipping and Receiving

Report for all equipment (base unit and peripheral equipment) signed by the COR with a cost of at least $5,000 including any equipment with data storage billed on the invoice.

2. Cite the site code, site name, location, serial number(s) and full TSA barcode number(s) of the equipment or peripheral equipment. For associated service(s), cite the serial number(s) and TSA barcode number(s) of the equipment or peripheral equipment for which the service(s) were provided. If the serial number(s) and TSA barcode number(s) are cited on supporting documentation rather than the invoice, the invoice must state, “See attached (title of supporting documentation) for detail.”

3.2.2 PACKING AND MARKING REQUIREMENTS FOR THE TRANSPORTATION SECURITY SCREENING

EQUIPMENT UNDER PRODUCTION AND/OR EXISTING MAINTENANCE SERVICES

PACKING AND MARKING REQUIREMENTS FOR THE TRANSPOSRATION

SECURITY SCREENING EQUIPMENT UNDER PRODUCCTION AND/OR

EXISTING MAINTNENCE SERVICES

A. Government Property Management

For existing Government Property under this contract, the Contractor shall not relocate and/or ship Government Property without prior notification to and approval from the Government Property Administrator (GPA). The GPA has authority only to provide instructions concerning the relocation and shipment of such property and required government paperwork. These instructions do not constitute a “change” to the contract’s requirements within the meaning of that term as defined by the “Changes” clause of this contract. The Contracting Officer’s Representative (COR) shall be included on all correspondence between the Contractor and GPA.

B. Packaging and Marking

The Contractor shall preserve, pack, and mark all supplies to be furnished under this contract in accordance with standard practices as defined in ASTM-D-3951 (Standard Practice for Commercial Packaging) for the packaging of supplies and equipment for shipment or storage.

The Contractor shall ensure that packaging meets Department of Transportation/ International Aviation Transport Association standards outlined in 49 CFR and is sufficient to prevent damage or deterioration to supplies and ensure packaging can sustain more than one shipment to minimize cost to the government. The Contractor shall be fully liable for any damage, diminution in value, or losses incurred during shipment, handling, and installation that is attributed to improper packaging.

The Contractor shall report any loss, stolen, or damaged equipment within 24 hours of the incident, along with an incident report as described herein. In addition, if this contract is to acquire new Transportation Security Equipment (TSE) or provides qualifying peripherals (defined as those meeting the acquisition cost threshold of $5,000.00 or that have the ability to store Sensitive Security Information (SSI)) in support of a repair under a maintenance contract, the Contractor shall ensure a “TSA Form 251/251-1 – Vendor Shipping and Receiving Report” is processed and included in each shipment. Existing equipment shall include a Department of Defense (DoD) “Requisition and Invoice/Shipping Document” Form 1149 in accordance to contract specifications.

C. Marking of Deliverable s

The Contractor shall mark all deliverables on the outside of the packaging with the following:

1. TSA Contract and/or Order Number and modification number, if applicable

2. Contractor’s Name and Address

3. List of Contents

4. Date of Submittal

D. Storage Requirements

If this contract is to acquire TSE or provides qualifying peripherals in support of a repair under a maintenance contract, the Contractor shall identify any unique storage requirements for the unit(s) and related equipment. All materials will be packaged and marked in accordance with ASTM-D-3951. In addition, each unit, intermediate, and exterior container will be clearly marked to identify contents.

E. Marking of Reports

The Contractor shall mark all reports as follows:

1. TSA Contract and/or Order Number and modification number, if applicable

2. Report Title

3. Date of submittal

4. Distribution

F. Equipment/Parts Shipping Requirements

If this contract is to acquire TSE or provides qualifying peripherals in support of a repair under a maintenance contract: Upon award, the Contractor shall request TSA barcodes from the GPA. Prior to packaging, the Contractor shall ensure TSA barcode(s) are physically attached on the units and peripherals each meeting the acquisition cost threshold of $5,000.00 or that have the ability to store SSI. The Contractor shall request exact placement instructions of TSA barcodes with the GPA and COR.

The balance of the term applies to equipment and maintenance. The Contractor shall coordinate all inbound and outbound shipments and moves of government property with the GPA and the COR. The Contractor shall ship units F.O.B Destination for locations within the United States and U.S. Territories (if not instructed otherwise by the Contracting Officer in advance to ship elsewhere). The Contractor shall provide the Government with tracking information for all government property in transit.

The Contractor shall clearly identify the serial number on several sides of the crate/package.

The Contractor shall notify the GPA if the equipment does not have a barcode. The serial number shall be clearly identified on the top and at least two sides of the crate/package.

The Contractor shall provide the following documents when shipping systems:

• Safety Data Sheet in accordance with Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) (29 CFR 1910.1200(g) and Federal Acquisition Regulation (FAR) 52.223-3 – Hazardous Material Identification and Material Safety Data; and Federal Standard No. 313, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities; or an official letter affirming that the shipment does not contain radioactive/hazmat materials

• Standard Configuration Report which shall include the following:

o Picture of the Equipment o Manufacturer o Model Number o Description o Standard (TSA Barcode Number, Acquisition Costs, Peripherals, Allocated Other Direct Cost, Expensed, etc.)

o Networking & Integration Equipment

If a contract/order is modified to have the Contractor upgrade the system, to provide additional equipment or provide qualifying peripherals in support of a repair under a maintenance contract, an updated configuration report must be submitted.

• “Vendor Shipping and Receiving Report” (TSA Form 251/251-1) o The Contractor shall complete and submit TSA Form 251 to the GPA no later than one business day after successful Factory Acceptance Test (FAT) and a revised TSA Form 251 upon successful Site Acceptance Test (SAT).

o The contractor shall complete and submit TSA Form 251 to the GPA no later than one business day after successful Operational Readiness Test (ORT) for hardware upgrades/replacements over the $5,000 threshold or have the ability to store SSI.

o The Contractor shall complete and submit a TSA Form 251-1 (as needed) for additional equipment associated with the main unit.

o Equipment being replaced or refurbished (threshold of $5,000.00 and above) must be identified on the TSA Form 251 (by manufacturer, make, model, serial number, and TSA barcode number). The TSA Form 251 must also identify the equipment being replaced by manufacturer, make, model, serial number, and TSA barcode number).

• Department of Defense (DoD) “Requisition and Invoice/Shipping Document” Form DD-1149. A DD-1149, most current version, is required on all government-owned equipment being moved by the Contractor (this excludes the initial shipment from the OEM after FAT). The Contractor shall email this form to the GPA and COR for approval 3-5 business days prior to the movement of TSA equipment. The form shall include an itemized listing with description, make, model, serial number, full TSA barcode (if applicable), and contract/order number.

o The subject line of the email and the DD-1149 file name shall both follow the below structure.

1) From airport to depot: SerialNumber_Dateinbloc k5_ Site/location code _to_OEMName (e.g. 30787 21JUN2016 LRD to “OEM name”.docx;

21020041010 17JUNE2016 ORD to “OEM name”.docx).

2) From depot to airport: SerialNumber_Dateinblock5_ OEMName_to_Site/location code (e.g. 54371 27JUN2016 “OEM name” to MHT; 53491_23Jun2016_”OEM name” to DVL).

• Block_1) From: Full Name Location including and Site Code_Full Shipping Address and 2 POCs (Name, Email Address, and Telephone Number)

• Block_2) To: Full Name Location including and Site Code_Full Shipping Address and 2 POCs (Name, Email Address, and Telephone Number)

• Block_3) Ship To: Mark For: (Only used to hold equipment for temporary storage location within one business day.)

• Block_4) Appropriation Symbol and Subhead: Manufacturer, make, model, SN#/TSA barcode number/condition code; quantity, type of container, container numbers

• Block_5) Requisition Date: (Always the date the document is being sent)

• Block_7) Date Material Required: (Date equipment needs to be at designation)

• Block_8) Priority (e.g. Standard or Expedite)

• Block_9) Authority or Purpose: (Contract Number and/or Task Order Number;

TSA Loan Agreement (if applicable))

• Block_12) Date Shipped: (Always the date equipment shipped)

• Block_13) Mode of Shipment: Ground and or Water (E.g. Carrier Name, Driver’s Name, Driver’s Cell Number, Truck Number, Trailer Number)

• Block_18) Issued By: (Full Name of Person completing DD-1149), (Total containers, type of containers, description, total weight) The Contractor is responsible for safeguarding government property at all times until the Government takes possession in shipment, warehouses, manufacturer’s depot, and/or loading/unloading to/from site locations including installations/decommissions, as applicable.

• The Contractor shall submit an incident report (including pictures) to the

Contracting Officer, COR, and GPA for any government property loss, damage, destruction, or theft (from negligence, misuse, dishonesty, or willful destruction) within 24 hours of the incident.

The Contractor incident report shall, at a minimum, contain the following information:

1. Date of Incident

2. OEM/Manufacturer, Make, Model, Serial Number (if applicable), TSA Barcode

Number (if applicable) (e.g. #057000000xxxxxx), Condition Code (e.g. 1 = New (never been installed), 4 = Used (installed at least once), 7 = Need Evaluation/Repair or X = Final Disposition/Disposa l), Requisition and Invoice/Shipping Document/Government Paperwork, and quantity

3. Contract and/or Order Number

4. Cause and Corrective Action taken or to be taken to prevent recurrence

5. Copies of all supporting documentation (including pictures)

6. Last known location of the property

7. A statement that the property did or did not contain hazardous material, and if so, that the appropriate agencies were notified.

3.2.3 SECURITY LANGUAGE

CONTRACTOR PERSONNEL ACCESS TO TSA FACILITIES, INFORMATION

AND/OR SYSTEMS (SEP 2020)

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

B. All contractor employees seeking to provide services to TSA under a TSA contract are subject to a fitness determination to assess whether their initial employment or continued employment on a TSA contract protects or promotes the efficiency of the agency. TSA, by and through the Law Enforcement/Federal Air Marshal Service’s, Personnel Security Section (PerSec), will allow a contractor employee to commence work on a TSA contract only if a review of the contractor employee’s preliminary background check is favorable. Contractor employees with unfavorable preliminary background checks will not be allowed to work on a TSA contract.

C. A fitness determination involves the following three phases:

1. Phase 1: Enter On Duty Fitness Determination: a review of a contractor employee’s consumer credit report, criminal history records, and submitted security forms to determine, to the extent possible, if the contractor employee has bad debt and/or criminal offenses and/or falsification issues that would prohibit employment as a TSA contractor. This determination may include verification of citizenship for contractor employees born outside of the United States. A favorable Enter On Duty Suitability Determination is not a final fitness determination; rather, it is a preliminary review of external data sources that allows the contractor employee to commence work prior to the required background investigation being completed.

When a contractor employee is deemed eligible to commence work on a TSA contract, TSA PerSec will notify the appropriate Contracting Officer’s Representative (COR) of the favorable determination. Similar notifications will be sent when a contractor employee has not passed the preliminary background check and has been deemed unsuitable.

2. Phase 2: Background Investigation: Once the contractor employee commences work on a TSA contract, TSA PerSec will process all submitted security forms to determine whether the contractor has previously been the subject of a federal background investigation sufficient in scope to meet TSA minimum investigative requirements. Contractor employees who have a federal investigation sufficient in scope will immediately be processed for final fitness adjudication. Those contractor employees who do not have a previous federal background investigation sufficient in scope will be scheduled for the appropriate level background investigation through the National Background Investigations Bureau.

Phase 3: Final Fitness Adjudication: TSA PerSec will complete the final fitness determination after receipt, review, and adjudication of the completed background investigation. The final fitness determination is an assessment made by TSA PerSec to determine whether there is reasonable expectation that the continued employment of the TSA contractor will or will not protect or promote the efficiency of the agency. An unfavorable final fitness determination will result in a notification to the COR that the contractor employee has been deemed unfit for continued contract employment and that he/she shall be removed from the TSA contract.

D. The period of performance may begin 60 days after contract award to allow for the Enter On Duty Fitness Determination. A contract modification shall be executed to revise the period of performance once the determination process is completed. For Fixed price awards, in the event of staggered completed determinations the parties may negotiate fixed monthly rates so that performance can begin with partial staff.

E. Whenever personal identity verification (PIV) cards are required for issuance or re-issuance to contractor personnel for authorized access to Government facilities, under the guidance of the Contracting Officer’s Representative (COR), the Contractor is responsible for making all arrangements for affected Contractor personnel to report in-person at the nearest Government issuing facility to initiate and complete procedures for PIV card issuance. The Government will not be able to provide PIV card issuance at any other locations than those officially designated as available. PIV card issuing facilities that are available for the completion of this requirement for TSA contractors are as listed by the TSA Personnel Security Section, and the COR will advise the Contractor about Government PIV card issuing facility locations that are nearby the contractor’s location(s) of performance that will be potentially available for card issuance when required.

3.2.4 MISSION ESSENTIAL REQUIREMENTS

CONTINGENCY AND/OR CONTINUITY OF OPERATIONS SUPPORT OF

TRANSPORTATION SECURITY ADMINISTRATION OPERATIONS (SEP 2020)

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. This includes not only the security screening operations conducted for passenger air travel, but also security operations protecting air cargo and shipping, surface and other transportation modes including rail, and pipelines and other transportation infrastructure. To those ends, the TSA must be able to respond quickly to incidents, and increase and re-constitute its operational posture (“continuity of operations”) in response to threats and the possibility of actual attacks upon or disruption to government operations or national infrastructure. The TSA has an internal capacity to establish and operate Critical Incident Management Groups in response to a specific, TSA-only incident, or as a part of larger DHS operation due to orders from the DHS Secretary, or due to increased threat levels under the National Terrorism Advisory System, or federal operations up to and including responsibilities assigned under the National Response Framework. To these ends, the TSA must be able to count upon a correlated contractor capability to surge capacity in response to incidents or quickly re-constitute capability to recover from a catastrophe. Accordingly, TSA contractors must be prepared and able to provide surge capacity and to reconstitute operational capability to perform under contract as required in response to an emergency.

B. Definitions. The meaning of specific contingency or emergency-related terms herein proceeds from those definitions within the National Response Framework and are available from the National Response Framework Resource Center glossary at http://www.fema.gov/emergency/nrf/.

C. Force and effect of this requirement. Without regard to the extent that the

Contractor’s actual responses in order to meet the requirements of this term may be necessitated by occurrences or conditions as described in the “Excusable Delays” paragraph of FAR 52.212-4, “Contract Terms and Conditions—Commercial Items” http://www.fema.gov/emergency/nrf/ clause or those described in the FAR 52.249-14, “Excusable Delays” clause (or such related conditions as described in other clauses, such as the FAR 52.249-8 “Default (Fixed-Price Supply and Service),” 52.249-9 “Default (Fixed-Price Research and Development),” and/or FAR 52.249-10 (Fixed-Price Construction),” if included in the contract), the Contractor shall provide surge capacity, re-establish functions, and reconstitute capability and performance under this contract as quickly as possible in response to an incident and/or as ordered by the Contracting Officer.

D. Response functions and capabilities. The Contractor shall establish and maintain the following capabilities as a requirement of this contract.

1. Continuity of Operations (COOP) Plan. The Contractor shall establish a written continuity of operations plan in accordance with “Continuity Guidance Circular 1 (CCG1), Continuity Guidance for Non-Federal Agencies” of January 2009. In general, COOP plans must be designed in order to:

a) Minimize loss of life, injury, and property damage.

b) Mitigate the duration, severity, or pervasiveness of disruptions that do occur.

c) Achieve the timely and orderly resumption of essential functions and the return to normal operations.

d) Protect essential facilities, equipment, records, and assets.

e) Be executable with or without warning.

f) Meet the operational requirements of the TSA. Continuity plans need to be operational within minutes of activation, depending on the essential function or service, but certainly should be operational no later than 12 hours after activation.

g) Meet the sustainment needs of the TSA. An organization may need to plan for sustained continuity operations for up to 30 days or longer, depending on resources, support relationships, and the respective continuity strategy adopted.

h) Ensure the continuous performance of essential functions and operations during an emergency, including those such as pandemic influenza that require additional considerations beyond traditional continuity planning.

i) Provide an integrated and coordinated continuity framework that takes into consideration other relevant organizational, governmental, and private sector continuity plans and procedures.

2. The Contractor’s COOP Plan is intended to be executed in response to an incident, and the COOP Plan shall address each of the following requirements in depth, in addition to the essential functions described in CCG1:

a) Communications. In the case of an applicable incident or a notification per paragraph (e) “Response Requirement” below, the Contractor shall maintain or be able to re-establish active, real-time communication with its employees under the contract during the 24-hour day period on all days during the week such that the Contractor can ensure performance under the contract will continue at such alternate locations under the contract to meet specified deliverables and/or response to surge capacity. Likewise, the Contractor shall ensure that effective communication about its contract performance can continue with the Contracting Officer, taking into account the operational profile or location of TSA facilities or assets in response to an incident in order to meet specified deliverables and/or response to surge capacity orders from the Contracting Officer

b) Facilities. In the case of an applicable incident or a notification per paragraph (e) “Response Requirement” below, the Contractor shall be able to re-constitute contractor presence at self-provided facilities or at Government-provided facility space as may be required in order to meet specified deliverables and/or response to surge capacity orders from the Contracting Officer.

c) Information Systems/Network. In the case of an applicable incident or a notification per paragraph (e) “Response Requirement” below, the Contractor shall maintain and be able to re-constitute an information systems network at its facilities or for use at alternate facilities as may be necessary in order to meet specified deliverables and/or respond to surge capacity orders from the Contracting Officer.

d) Annual or Periodic COOP Exercise. Under the monitoring of the Contracting

Officer and Contracting Officer’s Representative (COR), the Contractor shall conduct an annual exercise to test the capabilities of its COOP Plan, or the Contractor may be included in periodic TSA COOP exercises as a means of fulfilling this requirement. Typically, a simulated scenario for the exercise will be developed, and the contractor’s management team will place the scenario into action on a simulated basis. As with all exercises, responses to the exercise must be based on the known capacities and capabilities of the contractor’s personnel and assets and take the actual disposition and locations of personnel and assets into account at the initiation and during the conduct of the exercise. Thus, while the exercise’s scenario is simulated, the contractor’s ability to initiate and to plan the execution of a response to the scenario via the COOP Plan is actual and will be assessed by the Government. The Contractor shall implement recommendations as a consequence of the Government’s assessment of its performance in response to the exercise. The Government’s discretion as a portion of the “management” element assessed under the Contractor Performance Assessment Reporting System. Initiation of an exercise in response to the requirements of this term does not entitle the Contractor to an equitable adjustment or otherwise constitute a change to this contract.

e) Surge capacity and Continuity of Operations (COOP). The Contractor may be required to provide either surge capacity and/or a COOP response to conditions related to this term. “Surge capacity” means that the volume and pace of the contractor’s performance is required to increase to meet the TSA’s increased volume of work and tempo of operations in an emergency situation. “COOP” means that the contractor may have to conduct various activities to re-establish or reconstitute operations in response to an incident, which could also include a necessity to provide for surge capacity.

E. Response Requirement. The Contractor shall provide surge capacity to implement an increased workload within 72 hours of notification by the Contracting Officer in the event of:

1. a specific declaration of national emergency by the Executive Office of the President and/or the occurrence of an Incident of National Significance or Major Disaster;

2. a contingency operation initiated by DHS and/or the TSA;

3. a continuity of operations re-establishment of DHS and/or its components' locations, deployments, or operational profiles;

4. an emergency or event that affects DHS or TSA operations, requires a specific response as directed by the President, Secretary of Homeland Security, or Principal Federal Official so designated, and/or actuates part or all of the requirements within the National Response Framework;

5. an increase in the Threat Levels published via the Homeland Security Advisory System, either on a national or an industry/sector specific basis (especially with respect to the Threat Conditions of “High,” and/or “Severe”); and/or

6. the establishment of a specific TSA Critical Incident Management Group related to the functional area supported by this contract.

Staffing requirements may increase dramatically during such contingency operations or events. During the beginning of a contingency, the contractor shall be prepared to augment staffing for the duration of the contingency in order to not impact the timeliness of other tasks, which may also be critical during a contingency.

F. Ordering Surge Support. When the contractor’s support to provide surge capacity in response to the requirements of this term is required under the contract, a duly appointed and warranted Contracting Officer will order such support in writing. Only such a designated Contracting Officer is authorized to direct Contractor’s performance in support of the requirements of this term.

G. Annual Statement Affirming Compliance. During each year of performance while this contract is in force, the Contractor is required to submit to the Contracting Officer, on the first day of December or the next following business day, a statement affirming the contractor’s intent to comply fully with the requirements of this term and to indicate sufficient internal capacity to do so.

H. Right to an Equitable Adjustment. This term in no way diminishes or alters the right of the Contractor to an equitable adjustment for performance initiated in response to the Contracting Officer’s direction from paragraph (e) above.

3.2.5 CONTRACT ADMINISTRATION INFORMATION/INSTRUCTIONS

REQUIREMENTS FOR CONTRACTOR EMPLOYEES PERFORMING AT OR IN

AIRPORT LOCATIONS (SEP 2020)

Contractor employees are required to meet:

A. A. All airport security screening requirements which include criminal history, background and fingerprint check. Contractor employees working in this facility will be required to obtain, possess and display a Secure Identification Display Area (SIDA) badge in accordance with the airport’s physical and personnel security requirements. The Contractor is responsible for any fees associated with obtaining and/or replacing SIDA badges. For further information regarding Security Requirements, please contact the Contracting Officer’s Representative.

B. The contractor shall obtain all necessary permits and approvals from regulatory authorities at the airport location(s) to allow for the timely completion of the work required under the contract. For further information regarding Permitting Requirements, please contact the Contracting Officer’s Representative.

3.2.6 PERFORMANCE STANDARDS

PERFORMANCE STANDARDS (SEP 2020)

Adherence to Standards. The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel. See TSA Management Directive (MD) 1100.73-5, Employee Responsibilities and Code of Conduct. Contractor employees performing work under this contract shall not:

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

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

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

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

-Recruit while on Government premises or otherwise act to disrupt official Government business while on Government premises.

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

-Engage in harassment. See TSA MD 1100-73.3 Anti-Harassment Program.

Reporting Matters.

Illegal, and Unethical, or Inappropriate Conduct. The Contractor, and its employees shall immediately report to the Contracting Officer and/or Contracting Officer’s Representative, any illegal, or unethical, or inappropriate conduct observed, noticed, or discovered while on Government premises or during periods paid by the Government under this contract, without regard as to the source of such conduct (except that any matter involving only contractor employees, apart from any Government requirements or the specific requirements of this contract, is deemed to be strictly the concern of the Contractor). The Contractor shall immediately report to the Government all actual or suspected violations of Government information, personnel, or physical security requirements.