Attachment 2 Special Contract RequirementsFINALV1.pdf

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A t t a c h m e n t 2

REQUEST FOR PROPOSAL (RFP)

Bulk Resolution Technology (BRT) Procurement

RFP Number: 70T04025R7573N001

Attachment 2 – Special Contract Requirements

1. TSA Requirements

REQUIREMENTS FOR CONTRACTOR EMPLOYEES PERFORMING AT OR IN AIRPORT

LOCATIONS (JUNE 2024)

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 [To be provided at time of award]

B. If this contract requires contractor performance involving work at airports or locations under the control of airport authorities, 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 [To be provided at time of award]

C. If the airport requires insurance, the Contractor must have approved insurance on file with [TBD}.

The Contractor is required to procure at its own expense, and keep in effect at all times during the term of the contract, the types and amounts of insurance specified. Typically, companies whose work is performed within buildings and terminals are required to have a minimum of (TBD) of liability insurance. Companies who require tools and/or equipment, and airfield access must have a minimum of (TBD) of liability insurance. Air Carrier Operating Permits and Leases may have additional insurance coverage requirements.

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

TRANSPORTATION SECURITY SCREENING EQUIPMENT PACKAGING AND MARKING

(JUNE 2024)

The Contractor shall preserve, pack, and mark all supplies to be furnished under this contract in accordance with standard practices as defined in Title 49 of the Code of Federal Regulations as well as

STM-D-3951 (Standard Practice for Commercial Packaging) for the packaging of supplies and equipment for shipment or storage.

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), 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”

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Form 1149 in accordance to contract specifications.

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

a. TSA Contract and/or Order Number

b. Contractor’s Name and Address

c. List of Contents

d. Date of Submittal

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

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.

REQUIRED CONTRACTOR PROPERTY DELIVERY REPORTING (JUNE 2024)

For other than Transportation Security Equipment and/or related maintenance, all equipment required for delivery to the Government as a requirement of this contract is government property, and the Contractor shall provide a completed TSA Form 251 “Vendor Shipping and Receiving Report” (and the TSA Form

251- 1 “Vendor Shipping and Receiving Report Extension” as necessary) for each delivery of equipment to the Contracting Officer’s Representative and to the Property Management Division using this email address at TSA-Property@tsa.dhs.gov.

Expendable and/or consumable items delivered by the Contractor (items consumed in use or which are an integral part of another system, office supplies, paper, printer cartridges, etc.,) should not be submitted via these forms. All equipment required for delivery must be documented by the Contractor via these forms and submitted within 24 hours of the equipment being shipped to TSA or other designated site.

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

TRANSPORTATION SECURITY EQUIPMENT SHIPPING REQUIREMENTS (JUNE 2024)

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 include the terms of this special contract requirement in all subcontracts awarded mailto:TSA-Property@tsa.dhs.gov mailto:TSA-Property@tsa.dhs.gov

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TSA-RQMTS: Transportation Security Equipment Shipping Documentation Requirements.

Prescription: Insert in Section F of solicitations and contracts requiring maintenance and shipping of Transportation Security Screening Equipment.

TRANSPORTATION SECURITY EQUIPMENT SHIPPING DOCUMENTATION REQUIREMENTS.

(JUNE 2024)

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: The Standard Configuration Report 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

• TSA Form 251/251-1: If a contract/order requires the Contractor to deliver new equipment, upgrade a system, supply additional equipment or peripherals then the contractor shall complete a “Vendor Shipping and Receiving Report” (TSA Form 251/251-1) o The Contractor shall submit the TSA Form 251 within two (2) business days after receiving the Quick Look Report (QLR), Factory Acceptance Test (FAT), or Site Acceptance Test (SAT) report from TSA to the GPA and COR for review and authorization.

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).

• DD-1149: If a contract/order requires the Contractor to move or relocate existing Government

Furnished Property or TSE, then the Contractor shall complete a Department of Defense

(DoD) “Requisition and Invoice/Shipping Document” Form DD-1149.

o The Contractor shall email this form to the GPA and COR for approval 2-5 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.

4 | P a g e o The subject line of the email and the DD-1149 file name shall both follow the below structure:

▪ From airport to depot: Serial Number Date in bloc k5_ Site/location code_to OEM Name (e.g. 30787 21JUN2016 LRD to “OEM name”.docx; 21020041010 17JUNE2016 ORD to “OEM name”.docx).

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

Storage Requirements

If this contract is to acquire TSE or provides qualifying peripherals, the Contractor shall identify any unique storage requirements for the unit(s) and provide written guidance to the CO and COR. All materials will be packaged and marked in accordance with ASTM-D-3951.

Damaged/Lost Equipment

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 in accordance with FAR

52.245-1 Government Property. TSA required supporting documentation includes but is not limited to:

DHS Form 200-2 Report of Survey, photos of damaged equipment, and relevant communications documenting resolution activities.

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

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

In accordance with Federal Acquisition Regulation (FAR) 42.15, the Transportation Security

Administration (TSA) is required to report the contractor’s performance under contract. The TSA reporting thresholds, in accordance with the Department of Homeland Security’s (DHS) FAR Class

Deviation 11-03 dated August 11, 2011, is $1,000,000 for contracts and orders for services, and

$500,000 for contracts and orders for supplies.

In order to support thorough and timely Contractor Performance Assessment Reporting System

(CPARS) reports, the contractor shall provide a self-assessment of their performance not later than 10 days after the end of the base period, the end of any exercised option period of the contract, and after the end of contract performance. The contractor shall provide a detailed narrative for each of the relevant assessment areas (Quality, Schedule, Cost Control, Management, Utilization of Small Business, and

Regulatory Compliance). The contractor may also provide their own self-assessment rating

(Exceptional, Very Good, Satisfactory, Marginal or Unsatisfactory) per FAR Table 42-1 for each area for

Government consideration.

The following are elements to be addressed in each area in order to support the narrative and any self-rating:

Quality: Requirements; conformance to specifications; workmanship; accurate reports/data.

Schedule: Milestones; delivery schedules; administrative requirements; schedule variance.

Cost Control: Causes and contractor-proposed solutions for cost overruns/underruns; contractor

5 | P a g e adherence to total estimated cost; billings current, accurate, and complete. (Not required to be addressed for Fixed Price type contracts unless specifically required elsewhere in the contract)

Management: Contractor oriented toward customer; interaction between contractor and

Government; adequacy of the contractor’s accounting, billing, estimating systems and management of Government Furnished Property (GFP); effort devoted to managing subcontractors; risk management practices; supporting key personnel; replace key personnel as necessary.

Utilization of Small Business: Small business participation goals stated in contractor/order;

achievement on each individual goal stated within contract/order or subcontracting plan including good faith efforts if goal was not achieved.

Regulatory Compliance: Contractor complied with contract clause requirements; complied with reporting requirements; complied with Quality Assurance Surveillance Plan (QASP); complied with specifications, reporting into databases as required under the contract, and reporting requirements in response to the solicitation provisions and clauses effective under the contract, or other requirements.

Submission of Contractor Self-Assessment: The contractor should utilize the Guidance for

CPARS located on the website, https://www.cpars.gov/, to assist in preparation of the self-assessment.

The contractor shall submit their self-assessment, preferably via email, as a MS Word or other MS Office compatible document to the Contracting Officer and Contracting Officer’s Representative (COR) identified in the contract within the time period identified above. Standard USPS mail may also be utilized, if required.

TSA may consider the contractor’s self-assessment, along with all available relevant data and information, when completing the contractor’s past performance assessment for each specific performance period. Submission of a contractor’s self-assessment is considered information regarding the contractor’s performance and may not represent the final CPAR rating. Submission of this contractor self-assessment to the Government does not otherwise alter, change, or diminish any rights of the

Government as expressed under Federal Acquisition Regulation Part 42 concerning the use of past performance information about any contractual vehicle.

TSA POINTS OF CONTACT (JUNE 2024)

The primary point of contact for this contract:

Contracting Officer:

NAME: Siobhan Mullen

PHONE NUMBER: 571-227-3602

EMAIL: siobhan.mullen@tsa.dhs.gov

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

Officer’s Representative:

http://www.cpars.gov/ http://www.cpars.gov/

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Contracting Officer’s Representative (COR):

NAME:TBD

PHONE NUMBER:

EMAIL:

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

The principle role of the COR is to support the Contracting Officer in managing the contract. This is done through furnishing technical direction within the confines of the contract, monitoring performance, ensuring requirements are met within the terms of the contract, and maintaining a strong relationship with the Contracting Officer. As a team the Contracting Officer and COR must ensure that program requirements are clearly communicated and that the agreement is performed to meet them. The principle role of the Technical Monitor (TM) is to support the COR on all work orders, tasks, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

The COR and TM may be changed at any time, without prior notice to the Contractor; however, notification of the change, including the name and phone number of the successor, will be promptly provided to the

Contractor by the Contracting Officer in writing.

The COR duties are as follows:

• Performing surveillance/inspection and acceptance.

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

• Making recommendations for invoices and payments.

• Managing Government-furnished Assets (when applicable).

• Managing Contractor Employee Access (when applicable).

The responsibilities and limitations of the TM are as follows:

• Coordinating with the COR on all work orders, task, deliverables and actions that require immediate attention relating to the approved scope and obligated funding of the contract action.

• Performing surveillance/inspection and acceptance.

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

• Making recommendations for invoices and payments.

• Managing Government-furnished Assets (when applicable).

• Managing Contractor Employee Access (when applicable.

SUBMISSION OF INVOICES (JUNE 2024)

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

7 | P a g e utilize ONLY ONE method per invoice submission. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in the paragraph entitled, “Payment Status”. The submission information for each method is as follows (listed in order of preference):

Mail invoices to:

United States Coast Guard Finance Center TSA Commercial Invoices

P.O. Box 4111

Chesapeake, VA 23327-4111

Or email invoices to:

FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil

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

All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the FinCen identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount.

The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Payment Status. Contractors may contact the FinCen via phone or email regarding the receipt of invoices or billing inquiries using (800) 564-5504 or (757) 523-6940 (Voice Option #1) or email: FIN-

SMB-CustomerService@uscg.mil.

Frequency of Invoice Submission.

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.

CLIN Description Payment Milestone Payment Amount

0001: BRT Solution (150 total)

The Contractor may invoice for each solution upon acceptance of the solution (Completed

$X mailto:FIN-SMB-TSAInvoices@uscg.mil http://www.fincen.uscg.mil/ mailto:FIN-SMB-CustomerService@uscg.mil mailto:FIN-SMB-CustomerService@uscg.mil

8 | P a g e delivery, installation and training). The Contractor shall include the applicable serial number(s) with the completion date.

0002:

BRT Solution (2 years of technical support)

The Contractor may invoice for these services upon acceptance of solution. The Contractor shall include the applicable serial number(s) with the start and end date of any applicable unit warranty on the submitted invoice.

$X

TOTAL PRICE $X

SUBMISSION OF INVOICES - ALTERNATE I (JUNE 2024)

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.”

CONTRACTOR PERSONNEL ACCESS TO TSA FACILITIES, INFORMATION OR SYSTEMS

(FEBRUARY 2025)

A. All Contractor personnel requiring access to TSA facilities, information systems, and/or Controlled

Unclassified Information (CUI) will be subject to the security procedures set forth in this contract. A fitness determination will be required for all Contractor personnel performing under this contract.

When a contractor employee is deemed eligible to commence work on a TSA contract, TSA Personnel

Security (PerSec) will notify the appropriate Contracting Officer’s Representative (COR) of the favorable determination. Similar notifications will be sent when a contractor employee has not passed the preliminary background check and has been deemed unsuitable.

B. A fitness determination involves the following three phases:

1. Phase 1: Enter On Duty Fitness Determination: a review of a contractor employee’s consumer

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

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

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

C. The period of performance should not begin until 60 days after contract award to allow for the

Enter On Duty Fitness Determination.

D. Information Requirements. Contractors are responsible for providing the Contracting Officer’s

Representative (COR) with the following information for each contractor employee requiring a fitness determination:

• First and Last Name

• Social Security Number

• Sex

• Date, City and Country of Birth

• Country of Citizenship

This required information shall be provided in a Microsoft Excel Spreadsheet provided by the COR.

Upon completing the requisite information, the contractor shall password protect the spreadsheet and email the spreadsheet to the COR. In order to ensure protection of this information, the password for the password protected spreadsheet shall be sent in a separate email, at the same time.

E. Preliminary Background Check. In order to complete the Preliminary Background Check, TSA

PerSec will contact the contractor with the following:

• An invitation for the contractor to complete the Electronic Questionnaire for Investigations

(e-QIP) for Public Trust Positions (SF85-P, SF-85 or SF-86), if applicable.

• Instructions on scheduling a fingerprint appointment, if applicable.

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

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• Request for submission of the Non-Disclosure Agreement Form 11000.6

The contractor shall submit all requested information to PerSec within the required time.

F. Whenever Personal Identity Verification (PIV) cards are required for issuance or re-issuance to contractor personnel for authorized access to Government facilities, under the guidance of the

COR, the Contractor is responsible for making all arrangements for affected Contractor personnel to report in-person at the nearest Government issuing facility to initiate and complete procedures for PIV card issuance. The Government will not be able to provide PIV card issuance at any other locations than those officially designated as available. PIV card issuing facilities that are available for the completion of this requirement for TSA contractors are as listed by the

TSA Personnel Security Section, and the COR will advise the Contractor about Government PIV card issuing facility locations that are nearby the contractor’s location(s) of performance that will be potentially available for card issuance when required.

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

H. Non-Disclosure Agreements.

1. All TSA contractor employees and consultants must execute a DHS Form 11000-6, Sensitive but

Unclassified Information Non-Disclosure Agreement (NDA) upon initial assignment to TSA and before being provided access to TSA “sensitive and/or mission critical information.” The original NDA will be provided to the TSA COR for retention for the duration of the contract.

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

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

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

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

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

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

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

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REQUIREMENTS FOR HANDLING SENSITIVE SECURITY INFORMATION (SSI) (JUNE 2024)

TSA may deliver Sensitive Security Information (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. To ensure regulatory compliance, the Contractor shall be subject to the following requirements and include this entire requirement as flow-down in all subcontracts, etc.:

A. Non-Disclosure Agreements (NDAs). DHS Form 11000-6, NDAs are required 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.

B. Request for Access to SSI materials. Pursuant to 49 C.F.R. § 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 Contractor 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 determination as to whether the requesters are a “covered person” with a “need to know” under 49 C.F.R. §§ 1520.7 and

1520.11. Special request processing and handling requirements apply to Contractor employees who may be foreign nationals. The Contractor must clearly identify any employees who are not

US citizens who are otherwise requested to have access to SSI; the requirements of TSA

Management Directive 2810.3 “Management of Foreign Access to Sensitive Information” apply.

C. Training and Certification. All Contractor personnel who are “covered persons” with a need-to-know 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 provide an email to the Contracting Officer annually that all covered persons have completed the mandated SSI training, that all SSI policies and procedures have been followed, and that those individuals with access understand their responsibilities to protect the information.

D. Breach. In accordance with 49 C.F.R. § 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

Contractor or its employees, or the Contractor’s covered persons, the Contractor shall, as directed by the

Contracting Officer and at no cost to the Government, without delay correct or mitigate the violation.

mailto:SSI@tsa.dhs.gov mailto:SSI@tsa.dhs.gov https://ishare.tsa.dhs.gov/Offices/LawEnforcementFAMS/SecuritySvcAssessments/SSIBranch/Quick%20Reference%20Guides/SSI%20Quick%20Reference%20Guide%20for%20DHS%20Employees%20and%20Contractors.pdf

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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 § 1520.17.

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

PERFORMANCE BY FOREIGN NATIONAL CONTRACTOR EMPLOYEES (JUNE 2024)

Special request processing and handling requirements apply to contractor employees who may be foreign nationals. The Contractor must clearly identify any employees who are not United States citizens who are otherwise requested to have access to SSI; the requirements of TSA Management Directive 2810.3”

Management of Foreign Access to Sensitive Information” apply.

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 but unclassified information in performance of their job shall be required to 1) provide a compelling reason for using this individual as opposed to a U.S. Citizen or Legal Permanent Resident and 2) 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 notify the Contracting Officer and Contracting Officer Representative (COR) immediately or no later than five business days and begin the replacement 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 effect. The Contracting Officer may determine that access to sensitive information by an individual who is not a United States Citizen or Lawful Permanent Resident is not in the interest of the Federal Government.

This annual vetting process requirement does not and will not affect the Government’s separate and unilateral 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 administrative 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 respective 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 submit a single complete spreadsheet. All password protected submissions shall be protected by the

Government and destroyed upon conclusion of the annual vetting exercise.

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

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OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (JUNE 2024)

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

• New Year’s Day

• Birthday of Martin Luther King, Jr.

• Washington’s Birthday (President’s Day)

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Christmas Day

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

• Any other day designated by Federal Statute;

• Any other day designated by Executive Order;

• Any other day designated by President’s Proclamation, such as extreme weather conditions;

• Inauguration Day (Washington, DC metropolitan area) (Likewise government facilities in the DC area are generally closed on these days, or restricted access or entrance requirements may apply due to security procedures);

• Inclement weather closures and/or early dismissals; and,

• Or any other officially declared reason.

When the Government grants excused absence to its employees in a specific location, it is up to the

Contractor to determine if assigned Contractor personnel at that same location are dismissed. The

Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the notification issued by the Contracting Officer or the Contracting

Officer’s Representative. Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract.

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

For firm-fixed price contracts: No form of holiday or other premium compensation will be considered as either as a direct or indirect cost, other than their normal compensation for the time worked.

For cost reimbursement and time and materials (T&M)/ labor hour (LH) contracts: The

Government will only consider as direct and/or indirect costs those efforts actually performed

14 | P a g e during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract. All costs chargeable shall be consistent with the Contractor’s Disclosure Statement.

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

The contractor may propose telework or other solutions when critical work is required, however, the

Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location, and all resources necessary to complete such performance.

In the event of an actual emergency, the Contracting Officer may direct the contractor to change work hours or locations or institute telework, utilize personal protective equipment, or other mandated items.

In the event of a Government closure (furlough) caused by a lapse in appropriations, which can occur if adequate funds have not been appropriated, the Contractor shall continue performance under the contract unless otherwise notified in writing by a Contracting Officer. Unless the Contractor is provided a formal notification to the contrary, usually via a Stop Work Order pursuant to FAR 52.242-15, the Contractor must continue to comply with all terms and conditions of the contract. If a contract will not be affected by a shutdown, generally no separate notification or communication of that fact will be provided.

Processing of contractor invoices for payment may or may not be deemed an excepted duty during a furlough. As such, contractor performance is expected even though invoices are pending payment processing. The Prompt Payment Act still applies.

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

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

• Inclement weather;

• Failure of Congress to appropriate operational funds; or,

• Any other reason.

In the above cases, contractor personnel who are not classified as essential, i.e., not performing critical round- the-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility. The contractor is responsible for notifying all of its affected personnel in such circumstances once the

Contracting Officer provides notice of such. The contractor agrees to continue to provide sufficient personnel to perform continual requirements of critical tasks already in operation or scheduled for performance during the period in which Government employees are dismissed, and shall be guided by any specific instructions from the Contracting Officer.

When contractor personnel services are not required or provided due to closure of a Government facility as described in the contract, the contractor’s payment under the contract shall be affected as follows--

For cost-reimbursement, time-and-materials and labor-hour type contracts, the Government shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

For fixed-price contracts, the price will not be prorated and the contractor is expected to satisfy

15 | P a g e the contract requirement during the period of performance without requested extension.

The Government may also terminate a contract for convenience either in partial or full.

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

EMPLOYEE TERMINATION (JUNE 2024)

The contractor shall notify the Contracting Officer and the Contracting Officer’s Representative within

48 hours when an employee is terminated. The contractor shall be responsible for returning all

Government-issued contractor/employee identification, property, and any security access cards provided due to performance under this contract within one (1) business day. Failure to return all items assigned to any employee is grounds for withholding the contractor’s payments in accordance with FAR 32.503-

6(b). The contractor shall include this term in all subcontracts under this contract.

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

PROTESTS TO THE AGENCY (JUNE 2024)

Protests shall be concise and logically presented to facilitate review by the contracting officer. Offerors are directed to Federal Acquisition Regulation (FAR) 33.103(d)(2) to obtain the necessary information to provide to support the protest. Failure to substantially comply with any of those requirements may be grounds for dismissal of the protest.

All protests must be submitted in writing and signed by a company official who is authorized to commit the company and shall be addressed to the contracting officer. If requested, an independent review of the protest at a level about the contracting officer is available.

If the offeror is submitting an appeal of the contracting officer’s decision, a copy of the decision shall be included with a clear and concise explanation of any legal and factual grounds for the appeal.

The Transportation Security Administration has an internal appeal process that is available for use in the event an offeror seeks a review of the contracting officer’s decision on a protest. The Head of the

Contracting Activity is the independent appeal authority. Appeals must be sent electronically to

TSAProcurementPolicy@tsa.dhs.gov with the subject line of the email clearly indicating “APPEAL OF

AGENCY PROTEST”. Interested parties should note that if there is an agency appellate review of the contracting officer’s decision on the protest, it will not extend GAO’s timeliness requirements.

NOTICE TO OFFERORS CONCERNING TRADE AGREEMENTS TERMS APPLICABILITY TO

THE TRANSPORTATION SECURITY ADMINISTRATION (JUNE 2024)

A. Offerors are hereby notified that the TSA is subject to the World Trade Organization Government

Procurement Agreement and the countries it includes as presently defined in FAR 25.003. T he only other trade agreements that presently cover the TSA are the US-Mexico-Canada Free Trade Agreement and the

U.S.-Chile Free Trade Agreement. Offerors must analyze their proposals and provide information in mailto:TSAProcurementPolicy@tsa.dhs.gov

16 | P a g e response to the below Federal Acquisition Regulation (FAR) provisions and clauses listed directly below:

• FAR 52.225-1 “Buy American Act - Supplies,” FAR 52.225-2 “Buy American Act-Certificate,”

• FAR 52.225-3, “Buy American-Free Trade Agreements-Israeli Trade Act,”

• FAR 52.225-4, “Buy American-Free Trade Agreements-Israeli Trade Act Certificate,” FAR

52.225-5 “Trade Agreements,”

• FAR 52.225-6 “Trade Agreements Certificate,”

• FAR 52.225-9 “Buy American Act—Construction Materials,”

• FAR 52.225-10 “Notice of Buy American Act Requirement-Construction Materials,”

• FAR 52.225-11 “Buy American Act—Construction Materials under Trade Agreements,” and

FAR 52.225-12, “Notice of Buy American Act Requirement—Construction Materials under Trade

Agreements”

The European Union participation is as defined at http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm

B. Only domestic products or products from Mexico and/or Chile which can be treated as a “eligible product” as defined in FAR 25.003 due solely to the applicability of the US- Mexico-Canada Free

Trade Agreement and the U.S.-Chile Free Trade Agreement respectively, are acceptable for offer under a solicitation or delivery under a contract that specifies the delivery of products in the Federal Supply Class (FSC) code 8300 series “Textiles, Leathers, Furs, Apparel and Shoes, Tents and Flags” and the FSC 8400 series “Clothing and Individual Equipment.”

C. In applying the Buy American Act, the Transportation Security Administration advises offerors that, as it affects Federal Acquisition Regulation (FAR) Subpart 25.4 “Trade Agreements” requirements and the associated contract clauses and provisions at:

• FAR 52.225-1 “Buy American Act—Supplies”

• FAR 52.225-2 “Buy American Act-Certificate”

• FAR 52.225-3, “Buy American-Free Trade Agreements-Israeli Trade Act,”

• FAR 52.225-4, “Buy American-Free Trade Agreements-Israeli Trade Act Certificate” FAR

52.225-5 “Trade Agreements”

• FAR 52.225-6 “Trade Agreements Certificate”

FAR 52.233-1

As of 8/25/2025 http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm

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2. ITAR Terms and Conditions

3.1 Cybersecurity Policy for TSA Government Acquisitions (June 2025)

A. General Security Requirements:

A.1. Special notice for program sponsors:

The following Cybersecurity policy requirements supersedes any inadvertent or deliberate contradiction in previous sections of this document. Program sponsors must ensure this section is thoroughly reviewed prior to initiating the Appendix G approval process.

A.2. All authorized, cleared and vetted personnel (i.e., federal employees; and primary, subcontractor, and/or 3rd party vendors or contractors) supporting or doing business per agreement with TSA (either directly or indirectly) shall comply with applicable cybersecurity or information assurance (IA) policies as stated in the DHS Policy Directive 4300A, Information Technology System Security Program, Sensitive Systems, version 13.3, Feb 23, 2023 (hereinafter known as DHS 4300A) and Attachments; DHS

National Security Systems Policy Directive 4300B Version 10.1, November 21, 2018 for classified systems (hereinafter known as DHS 4300B); TSA MD 1400.28 Information System Security Program

(ISSP); TSA Information System Security Program (ISSP) Policy Directive (PD) and TSA Organizational

Defined Parameter (ODP) spreadsheet; supplemental Technical Standards (TSs) and Standard Operating

Procedures (SOPs); TSA Cloud Computing Security Handbook (CCSH); the DOD Cloud Computing

Security Requirements Guide (CC SRG); and the NIST SP 800-53, “Security and Privacy Controls for

Information Systems and Organizations”, Rev 5 standards. This Cybersecurity Policy document serves as a subset to the TSA PD. Additional DHS directives and security related guides for contractors can be found on DHS’ security policy site: www.dhs.gov/publication/security-training-contract-policy.

A.3. The Contractor shall comply with Federal, Department of Homeland Security (DHS) and

Transportation Security Administration (TSA) security, sensitive information handling, and privacy guidelines in effect at the time of the award of the contract, as well as those requirements that may be added during the contract.

A.4. The Contractor shall perform periodic reviews to ensure compliance with cybersecurity, information security and privacy requirements.

A.5. The Contractor shall comply with proper DHS and TSA security controls to ensure…