70T05019Q5NCSL013_RFQ.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2119209CSL013

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

70T05019Q9NCSL013

6. SOLICITATION ISSUE DATE

4 September 2019

7. FOR SOLICITATION

INFORMATION CALL:

24. NAME

Susan Mielke

b. TELEPHONE NUMBER (No collect calls)

571-227-2430

8. OFFER DUE DATE/ LOCAL

TIME:

24 September 2019, 12:00 P.M.

9. ISSUED BY CODE TSA25 10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB

12. DISCOUNT TERMS

TRANSPORTATION SECURITY ADMINISTRATION

601 SOUTH 12TH STREET (WEST TOWER)

ARLINGTON, VA 20598-6025

POC: Susan Mielke

PHONE: 571-227-2430 FAX: 571-227-2430

EMAIL: susan.mielke@dhs.gov

UNRESTRICTED

SET ASIDE: 100 % FOR

DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SVC-DISBLED VET-OWNED SB

8(A)

SIZE STD: 561492

NAICS: $7.0M

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE TSA02 16. ADMINISTERED BY CODE 03

TRANSPORTATION SECURITY ADMINISTRATION

601 SOUTH 12TH STREET (EAST TOWER)

ARLINGTON, VA 20598-6018

TRANSPORTATION SECURITY ADMINISTRATION

Contracting and Procurement – MEAD

701 SOUTH 12TH STREET (WEST TOWER)

ARLINGTON, VA 20598-6025

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE 51800

United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-411 FIN-SMB-TSAINVOICES@uscg.mil

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

R

SEE ATTACHMENTS

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITION-AL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ________________ OFFER

DATED __________, YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449

Prescribed by GSA FAR (48 CFR) 53.21 mailto:FIN-SMB-TSAINVOICES@uscg.mil

Section SF 1449 - CONTINUATION SHEET

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

This is a requirement for a single award Indefinite Delivery, Indefinite Quantity (IDIQ) contract using fixed price CLINs. Funding shall be obligated under separate delivery order(s) during the period of performance, consisting of base period and four (4) one-year option periods.

The following applies:

Note 1 – Minimum Guaranteed Contract funding amount is $170,376 (Task Order #1).

Maximum Contract Value is $886,643.

The contractor shall provide all labor, facilities (when required), material, tools, and transportation to provide Nationwide (Continental and Off-Continental United States i.e., CONUS and OCONUS) Court Reporting Services in accordance with the Statement of Work.

Year 1 Ordering Period Pricing Schedule:

CLIN DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT COST TOTAL EXTENDED

COST

00001 Appearance Fee 160 Cases 1 Each ____________ ____________ _______________

00002 Court reporting and transcription service to include exhibits

Routine Requests 100 Cases

• Original

150 Pages

• Copies 150 Pages

00003 Priority Requests 50 Cases

• Copies

00004 Emergency Requests 10 Cases

00005 Video Recording 3 Hours

00006 Overtime 5 Hours

00007 Late Cancellation 5 Lot

Total Pricing

**The estimated quantities in the table above shall be used for evaluation purposes only. See Attachment 1, Pricing Worksheet, for additional instructions.

Year 2 Ordering Period Pricing Schedule:

CLIN DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT COST TOTAL EXTENDED

COST

00001 Appearance Fee 160 Cases 1 Each ____________ ____________ _______________

00002 Court reporting and

**The estimated quantities in the table above shall be used for evaluation purposes only.

Offeror must follow this CLIN Structure in offer.

Year 3 Ordering Period Pricing Schedule:

QUANTITY

UNIT UNIT COST TOTAL EXTENDED

COST

00001 Appearance Fee 160 Cases

1 Each ____________ ____________ _______________ 00002 Court reporting and

Year 4 Ordering Period Pricing Schedule:

QUANTITY

UNIT UNIT COST TOTAL EXTENDED

COST

00001 Appearance Fee 160 Cases

1 Each ____________ ____________ _______________ 00002 Court reporting and

Year 5 Ordering Period Pricing Schedule:

QUANTITY

UNIT UNIT COST TOTAL EXTENDED

COST

00001 Appearance Fee 160 Cases 1 Each ____________ ____________ _______________

00002 Court reporting and

SECTION C STATEMENT OF WORK

COURT REPORTING SERVICES

STATEMENT OF WORK

1.0 REQUIREMENT

The Transportation Security Administration (TSA), Office of Chief Counsel (OCC) and Office of Human Capital (OHC), National Resolution Center (NRC) has a requirement for court reporting services at field locations and cities throughout the United States and territories.

2.0 REQUIRING ORGANIZATION

Office of the Chief Counsel Transportation Security Administration 601 S. 12th Street Arlington, VA 20598-6002

National Resolution Center Office of Human Capital 6354 Walker Lane Alexandria, VA 20598-6040

3.0 BACKGROUND

TSA’s Office of Chief Counsel participates in legal proceedings in which a verbatim transcript is required. These proceedings include employment litigation before the U.S.

Merit Systems Protection Board (MSPB) and the U.S. Equal Employment Opportunity Commission (EEOC), civil enforcement proceedings involving fines for violations of transportation security regulations before a Coast Guard Administrative Law Judge, and the adjudication of government contract performance disputes and contract award protests before the Federal Aviation Administration’s Office of Dispute Resolution for Acquisitions. Generally, court reporting services will be needed for depositions conducted during the discovery phase of the litigation. Additionally, court reporting may be required for the legal proceeding itself. In the case of hearings before the EEOC, federal regulations require TSA to provide the court reporting services for the duration of the proceeding.

TSA’s NRC, within OHC, manages and oversees the Unitary Dispute Resolution System (UDRS), which provides the Agency’s resolution processes for Employee Grievances concerning covered disputes, including disciplinary actions and alleged violations of the Collective Bargaining Agreement (CBA) between TSA and American Federation of Government Employees (AFGE). In managing the UDRS, the NRC makes logistical arrangements for various Neutral Third Party Review proceedings in which a verbatim transcript is required. The Neutral Hearings Process is provided under the UDRS for Alleged Violations of the Administrator’s Determination (including alleged violations of the CBA) which may be either local and/or nationwide in scope and effect. The proceedings for which a verbatim transcript is required are Single Neutral Review and Panel of Neutrals Review.

4.0 INTRODUCTION

OCC and OHC requires court reporting services for federal court and administrative proceedings held throughout the country. TSA will require services under this contract on an as needed basis.

5.0 SCOPE

OCC and OHC requires nationwide court reporting services for attendance at hearings and depositions in cities across the United States. The volume is approximately 20 – 30 hearings, and 125 – 150 depositions per year. Under the scope of this contract, the Contractor shall be required to provide any or all of the following tasks on an as needed basis specified by TSA:

5.1 Court Reporting: The Contractor shall provide a qualified court reporter for real time verbatim transcription court reporting at a time and location specified by TSA. Court Reporting will be required on a routine, priority, and emergency basis. The Contractor shall identify and schedule court reporters for proceedings anywhere in the United States and its territories.

The Contractor shall have the capability to work simultaneous orders in different locations.

5.1.1 Court Reporting (routine): within ten business days of the close of the proceeding.

5.1.2 Court Reporting (priority): within five business days of the close of the proceeding.

5.1.3 Court Reporting (emergency): within one business day of the close

5.2 Transcripts: The Contractor shall provide certified electronic, paper, and video transcripts and indices of the proceedings with exhibits within the timeframes and formats specified by TSA. The Contractor shall ensure quality control of such transcripts for accuracy and timeliness.

Transcripts should adhere to the following:

5.2.1 A paper copy of the transcript of the entire proceeding, including an index or compendium;

5.2.2 Any and all exhibits in both paper and electronic format if requested offered during the deposition or court proceeding unless otherwise indicated at time of performance of work.

5.2.3 An electronic version, provided via e-mail or CD/ROM

medium as stipulated in the purchase order, of the transcript in software compatible with either Microsoft Word™, Adobe™ (PDF), or E-Transcript Viewer™

(.PTX);

5.2.4 A condensed or “mini transcript,” via e-mail or CD/ROM

medium as stipulated in the purchase order, in a format compatible with either Microsoft Word™, Adobe™ (PDF), or E-Transcript Viewer™ (.PTX);and

5.2.5 An electronically searchable index or compendium of the proceeding in a format compatible with either Microsoft

Word™, Adobe™ (PDF), or E-Transcript Viewer™

(.PTX).

5.2.6 Late Delivery Fees. Late delivery fees will be deducted as follows: $100 per day for Routine Requests, $200 per day for Priority Requests, and $300 per day for Emergency Requests. Late fee will be deducted from any minimum fee if the document is late.

5.2.7 Error Rate Fee. If more than 20 transcription errors

(other than proper names, locations and acronyms), a $150 penalty fee will be deducted from the minimum fee.

5.3 Video Recording: The Contractor shall provide a qualified videographer at a time and location specified by TSA. The Contractor shall be able to identify and schedule a videographer for proceedings anywhere in the United States and its territories.

5.4 Videoconferencing: The Contractor shall provide facilities and equipment that would allow depositions and legal proceedings to be transcribed through videoconferencing. The equipment should be compatible with standard video conferencing equipment as well as Internet video conferencing using computer programs such as Microsoft NetMeeting™.

5.5 Conference Room: On rare occasions, if airport space is not available, conference room space may be requested. If required, the Contractor shall provide a conference room or other appropriate facility in which to conduct a legal proceeding when required by TSA. The Contractor shall identify and schedule a conference room for proceedings anywhere in the United States and its territories. See Section 9.0 Place of Performance.

6.0 APPLICABLE DOCUMENTS

The following documents will be provided by TSA, OCC:

• Instructions for handling Sensitive Security Information (SSI), in accordance with Section 13 of the SOW.

• TSA and airport security requirements, see Section 14 of the SOW.

7.0 DELIVERABLES

The contractor shall provide deliverables as described in this SOW. Each requirement will specify the type of court reporting required (routine, priority, emergency) or other service required (video recording, videoconferencing, conference room) with the date of performance, due date of transcript delivery, and instructions for transcript delivery format.

7.1 Specific Deliverables

7.1.1 Appearance Fee- Contractor shall provide a certified court reporter at all requested locations in the United States.

7.1.2 Court Reporting and Transcription Services (Routine)-

Contractor shall provide these services as specified in paragraph

5.1 and within ten business days of the close of the proceeding.

7.1.3 Court Reporting and Transcription Services (Priority)-

5.1 and within five business days of the close of the proceeding.

7.1.4 Court Reporting and Transcription Services (Emergency)-

5.1 and within one business day of the close of the proceeding.

7.1.5 Transcripts- Contractor shall provide these services as specified in paragraph 5.2. Pricing will based on the actual number of pages in the paper copy of the transcript only and will not include exhibits or index pages. However, each transcript shall be delivered in all of the following formats:

a) A paper copy of the transcript of the entire proceeding, including an index or compendium;

b) Any and all exhibits in both paper and electronic format if requested offered during the deposition or court proceeding unless otherwise indicated at time of performance of work.

c) An electronic version, provided via e-mail or CD/ROM medium as stipulated in the purchase order, of the transcript in software compatible with either Microsoft Word™, Adobe™ (PDF), or E-Transcript Viewer™

(.PTX);

d) A condensed or “mini transcript,” via e-mail or CD/ROM medium as stipulated in the purchase order, in a format compatible with either Microsoft Word™, Adobe™ (PDF), or E-Transcript Viewer™ (.PTX);and

e) An electronically searchable index or compendium of the proceeding in a format compatible with either Microsoft Word™, Adobe™ (PDF), or E-Transcript Viewer™

(.PTX).

7.1.6 Video Recording- Contractor shall provide these services as provided in paragraph 5.3. If the proceeding was video-recorded, an electronic video recording of the proceeding shall be delivered DVD format as specified by TSA in the purchase order.

A time and date counter shall be imprinted continuously throughout the recording. Unless otherwise directed, a transcript, in the formats set forth at §7.2.1 also shall be delivered for the video-recorded proceeding.

7.1.7 Videoconferencing- Contractor shall provide these

services as provided in paragraph 5.4.

7.1.8 Conference Room- Contractor shall provide these services as provided in paragraph 5.5.

8.0 PERFORMANCE/DELIVERY PERIOD

An IDIQ contract with a 5 year ordering period will be awarded. Task orders will be placed under the contract throughout the ordering period.

9.0 PLACE OF PERFORMANCE

Place of performance will vary. Normally, services are required to be rendered at a TSA facility. However, there are occasional circumstances where the employee to be deposed refuses to return to a TSA facility. TSA will specify the location with each order. Place of performance may include one of the following:

a) TSA office space at airports

b) Space within other TSA facilities

c) Local court reporting office

d) Contractor-furnished conference room or other appropriate facility

e) Federal court building

f) U.S. Attorney’s office

g) Office of a law firm

10.00 TECHNICAL REQUIREMENTS

10.1 Court reporter: The contractor shall provide a qualified court reporter at any city or locality within the United States and its territories as described in paragraph 9.0. When applicable, for proceedings covering SSI, the Contractor and qualified court reporter shall follow the requirements in Section 13.0. TSA will not pay for travel costs under this contract. See Section 15.0 Travel.

10.2 Certification/Designations: The Contractor shall provide certified court reporters:

10.2.1 The court reporter shall be certified according to all appropriate state and/or local requirements for real-time verbatim transcriptions.

10.2.2 The court reporter shall hold a current certification as a notary public for the jurisdiction in which the proceedings to be reported are held, or be otherwise qualified under governing law to administer oaths to witnesses.

10.3 Equipment: The Contractor shall provide all equipment, including hardware and software, necessary for the verbatim transcription including video recording. The Agency reserves the right to specifically request a court reporter that uses a specific type of equipment on an “as needed” basis.

10.4 Facility: On rare occasions, if the legal proceeding is not to be held at a TSA facility, the Contractor shall have the ability, if required, to provide a conference room or facility appropriate for a legal proceeding. The facility must include a conference room table, sufficient seating for the proceeding, and appropriate atmosphere and acoustics for a legal proceeding. A proceeding may have as few as two people present or as many as ten to fifteen people present.

11.00 SUPPORT PERSONNEL

National Coordinator (NC) /Program Manager

The Contractor shall identify a national coordinator/program manager to receive all TSA orders for court reporting services. This person will be responsible for:

a) Identifying and providing qualified court reporters as specified by

TSA;

b) Managing all tasks define in this scope;

c) Ensuring continuity of standards, process, and reporting;

d) Maintaining and updating a master schedule and budget;

e) Providing copies of the master schedule and budget to TSA monthly;

f) Overseeing the activities of subordinate personnel; and

g) Ensuring compliance with the deliverables in this Contract.

The qualifications for this position are as follows:

1. The individual has experience in managing one or more similar contracts providing nation-wide support.

2. The individual has knowledge of legal proceedings in which court reporters are used.

TSA POCs:

TSA names the following key personnel for this contract. These personnel will be the point of contact for the orders, schedule and budget information, and all of matters related to this contract:

Contracting Officer Susan Mielke Office of Acquisitions

(571) 227-2430

William Stueber

COR

Office of Chief Counsel, TSA-2

(571) 227-4553

Technical Questions Michael Gaches Assistant Chief Counsel Office of Chief Counsel, TSA-2 601 S. 12th Street, TSA-2 Arlington, VA 20598-6002

(571) 227-1874

12.00 GOVERNMENT FURNISHED RESOURCES AND INFORMATION

TSA will provide the following for each call under a Task Order of the contract:

12.1 Date and place of the performance.

12.3 Transcript delivery time and format.

12.4 Any special handling required for the transcript or any portion thereof as described in paragraph 13.0 below.

13.0 REQUIREMENTS FOR HANDLING SENSITIVE AND/OR

PROPRIETARY INFORMATION

13.1 Non Disclosure Agreement. When transcripts contain SSI, the Contractor’s court reporter shall be required to sign a non-disclosure agreement based on the content of the information transcribed which may include:

a) Sensitive Security Information (SSI) (as defined by 49 C.F.R. Part 1520)

b) Information protected by the Privacy Act of 1974 (5 U.S.C. Section

552a), and

c) Proprietary information related to procurement efforts.

13.2 Special Handling Requirements. The Contractor shall comply with all special handling requirements. There will be no classified information under this contract but there may be SSI. If a document contains SSI, it shall be handled according to this section. The contractor must be able to mark, store, and handle such documents, transcripts, and media as specified by TSA. TSA Clause -

5201.204.004 REQUIRMENTS FOR HANDLING OF SENSITIVE

SECURITY INFORMATION (SSI) (SEP 2018), and the attached SSI Best Practices Guide for Non-DHS Employees and Contractors provides additional information about the required handling and marking of documents containing SSI. Such handling may include:

a) Adding warning notices to some or all of the documents,

b) Providing password protection to a document,

c) Securing documents maintained by the court reporting company and limiting access to those documents, and

d) Mailing documents as specified by TSA.

14.0 SECURITY AND PRIVACY

The contractor shall meet all TSA and Airport security requirements.

15.0 TRAVEL

TSA will not provide travel costs. The Contractor shall be responsible for all travel costs, if any travel is necessary. It is expected that the contractor shall have access to a national consortium of court reporters to provide services throughout the U.S. and its territories, thus requiring no travel costs to be incurred by TSA.

SECTION D – PACKAGING AND MARKING

D-1.0 PACKAGING

Preservation, packaging, and packing for shipment or mailing of all work products hereunder shall be in accordance with good commercial practice and adequate to insure acceptance by common carrier and safe transportation at the most economical rates.

D-2.0 MARKING

(a) Each package, report or other work product shall be accompanied by a letter or other document which:

(1) Identifies the contract by number under which the item is being delivered.

(2) Identifies the deliverable Item Number or Report Requirement.

(3) Indicates whether the contractor considers the delivered item to be a partial or full satisfaction of the requirement.

(b) A copy of the document required in paragraph (a) above shall be simultaneously provided to the Contracting Officer.

(c) The contractor shall take all necessary precautions to ensure that all sensitive data developed under this contract are delivered to the Government in a secure manner.

SECTION E – INSPECTION AND ACCEPTANCE

E-1.0 52.212-4 Contractor Inspection Requirements

The Contractor is subject to the Inspection and Acceptance provisions within FAR Clause 52.212-4 Contract Terms and Conditions -- Commercial Items, contained in Section I.

SECTION F – DELIVERIES OR PERFORMANCE

F-1.0 PERIOD OF PERFORMANCE

30 November 2019 – 29 November 2024 ordering period

F-2.0 PLACE OF PERFORMANCE

Continental United States (CONUS) and Off-Continental United States (OCONUS) TSA identified locations.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1.0 5200.242.003 – SUBMISSION OF INVOICES (JUL 2015)

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).

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

1. Facsimile number is: 757-413-7314

The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this term.

2. Address to mail invoices:

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

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

B. 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.

C. Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty-day payment period specified under Prompt Payment requirements; however, the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.

D. Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means:

1. Via the internet: https://www.fincen.uscg.mil Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or

(757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week.

2. Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm mailto:FIN-SMB-TSAInvoices@uscg.mil

E. Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation.

The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.

F. Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.)

necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Representative. Note for “time-and-material” type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a “time-and-materials” type contract, order, or contract line item: “The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract’s specified requirements for the labor category invoiced.”

G. Additional Invoice Preparation Instructions for Software Development and/or

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

H. Frequency of Invoice Submission. Invoices shall be submitted on a monthly basis in accordance with the schedule.

(End of term)

G-3.0 G.5200. 242.001 - CONTRACTING OFFICER’S REPRESENTATIVE

(COR) AND TECHNICAL MONITORS (JUL 2015)

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 Contracting Officer hereby designates the individual(s) named below as the Contracting Officer's Representative(s) and Technical Monitor(s). Such designations(s) shall specify the scope and limitations of the authority so delegated.

TSA CORs:

NAME: William Stueber

PHONE NUMBER: 571-227-4553

EMAIL: William.Stueber@tsa.dhs.gov

The COR(s) and TM(s) may be changed at any time by the Government without prior notice to the Contractor, but notification of the change, including the name and phone number of the successor COR, will be promptly provided to the Contractor by the Contracting Officer in writing.

The responsibilities and limitations of the COR are as follows:

• The COR is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract.

• The COR may designate assistant COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

• The COR will maintain communications with the Contractor and the Contracting Officer. The COR must report any observed fraud, waste, or opportunities to improve performance of cost efficiency to the Contracting Officer.

• The COR will immediately alert the Contracting Officer to any possible Contractor deficiencies or questionable practices so that corrections can be made before the problems become significant.

• The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract’s price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer.

• The COR is not authorized to direct the Contractor on how to perform the work.

• The COR is not authorized to issue stop-work orders. The COR may recommend the authorization by the Contracting Officer to issue a stop work order, but the Contracting Officer is the only official authorized to issue such order.

• The COR is not authorized to discuss new proposed efforts or encourage the Contractor to perform additional efforts on an existing contract or order.

The responsibilities and limitations of the TM are as follows:

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

• Monitoring the Contractor’s performance in relation to the technical requirements of the assigned functional area of the contract to ensure that the Contractor’s performance is strictly within the contract’s scope and obligated funding.

• Ensuring that all recommended changes in any work under the contract are coordinated and submitted in writing to the COR for consideration.

• Informing the COR if the Contractor is not meeting performance, cost, schedule milestones.

• Performing technical reviews of the Contractor’s proposals as directed by the COR.

• Performing acceptance of the Contractor’s deliverables as directed by the COR.

• Reporting any threats to the health and safety of persons or potential for damage to

Government property or critical national infrastructure which may result from the Contractor’s performance or failure to perform the contract’s requirements.

G-4.0 G.5200.243.001 CONTRACTING OFFICER (CO) (JUL 2015)

The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

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

TSA Contracting Officer:

NAME: Susan Mielke

PHONE NUMBER: 571-227-2430

EMAIL: Susan.Mielke@dhs.gov

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-1.0 The Contractor shall provide services, on a delivery order basis in accordance with the specifications in SECTION C.

a. Minimum Guaranteed Funding Amount: The contractor shall receive a minimum of $178,000.00 over the life of the contract. This is the total amount that will be paid to the contractor in the event that the total sum of all delivery orders issued under the contract does not equal the minimum amount specified.

mailto:Susan.Mielke@dhs.gov

H-2.0 H5200.204.006 PERFORMANCE BY FOREIGN NATIONAL

CONTRACTOR EMPLOYEES (JUL 2018)

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.

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

The required vetting must occur both prior to the start of the contract, and annually thereafter. As such, the contractor must submit the necessary biographical information no later than ninety (90) days prior the start of the contract and prior to the end of the contract’s annual performance period. In the event such Contractor employees are no longer utilized for performance under the contract, the Contractor shall notify the Contracting Officer and Contracting Officer Representative (COR) by xx day 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.

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

H-3.0 H5200.204.004 REQUIREMENTS FOR HANDLING SENSITIVE

SECURITY INFORMATION (SSI) (SEP 2018)

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

Title 49 of the Code of Federal Regulations, Part 1520 defines the scope, categorization, handling requirements and disposition of information deemed SSI is the 49 C.F.R. Part 1520 (http://ecfr.gpoaccess.gov/). Persons authorized to access specific SSI (i.e., covered persons) include those contracted to DHS or TSA with a need-to-know basis for specific information in the course of fulfilling their TSA contractual obligations. TSA may deliver SSI materials to the Contractor. Also, materials created by the Contractor may require SSI designation and protection, and the Contractor has the responsibility to identify such materials to TSA as possible SSI. For guidance while working on TSA and DHS matters, see the TSA SSI Application Guide, 2011_04_01 for identifying the type of information covered by the regulation.

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

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

A. Handling and Safeguarding. The TSA Contractor shall safeguard and handle any SSI in accordance with the policies and procedures outlined in 49 C.F.R. Part 1520, as well as the DHS and TSA policies and procedures for handling and safeguarding SSI. These safeguarding procedures shall include SSI recognition, identification and marking of materials that possibly contain SSI, including Contractor-created materials, as well as following restrictions on disclosure, storage, handling, sharing, dissemination and destruction of SSI. The Contractor, without exception, shall place this requirement in all http://ecfr.gpoaccess.gov/ subcontracts, joint venture agreements, and teaming agreements related to the performance of this contract.

B. 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.

C. Request for Access to SSI materials. Pursuant to 49 C.F.R. Part 1520.9(a)(3), the Contractor must contact SSI@tsa.dhs.gov for guidance on handling requests to access to SSI (before using SSI materials) for any other purpose besides activities falling within the scope of the contract by other persons, including requests from experts, consultants, and legal counsel (“requesters”) hired by the Contractor. The 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. Parts 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.

D. Training and Certification. All Contractor personnel who are covered persons with a need-to- know basis must complete the TSA-mandated SSI Awareness Training course prior to accessing SSI, and on an annual basis for the duration of the contract or for the duration of the requester’s need for access to SSI, whichever is later. Contractor personnel must also review and adhere to the SSI Quick Reference Guide for DHS Employees and Contractors. The Contractor shall certify to the Contracting Officer 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.

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

In the event that an SSI breach occurs as a result of the violation of a term of this contract by the 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.

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

H-4.0 H5200.204.005 NON-FEDERAL ACCESS TO TSA NATIONAL

CAPITAL REGION FACILITIES (SEP 2016)

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

A. Background. Department of Homeland Security (DHS) Visitor Access Policy mandates that visitors, to include all parties such as proposed subcontractors, accessing DHS National Capital Region (NCR) Component Headquarters and related Headquarters NCR facilities be subject to a criminal history check. To that end, in July 2016, TSA began requiring the submission of Personally Identifiable Information (PII) for all non-federal visitors and foreign national visitors entering TSA facilities in the National Capital Region, including TSA Headquarters, the Freedom Center, Annapolis Junction, Walker Lane, and the Transportation Security Integration Facility (TSIF), in order to process the required screening checks. Of note, for contracts requiring access to TSA facilities, information systems, or sensitive but unclassified information as part of contract performance, contractor employees are subject to a suitability determination. (See

H.5200.204.002, CONTRACTOR PERSONNEL ACCESS TO TSA FACILITIES,

INFORMATION AND/OR SYSTEMS).

B. Purpose: The submitted information will be used to conduct screening checks to permit and maintain records of access to DHS NCR facilities pursuant to the authority of 40 U.S.C. § 1315; 41 C.F.R. Part 102-81; Executive Order. 9397.

C. Applicability: A Non-Federal Visitor or Foreign National Visitor is an individual who has not been issued a DHS Personal Identity Verification (PIV) card or is not a current Federal government employee. Non-TSA current Federal government employees will be recorded in the Visitor Request Form excluding any PII.

D. Routine Uses: The information requested may be shared externally as a "routine use" to the Department of Justice, Federal Bureau of Investigation and other government agencies as part of the screening process. A complete list of the routine uses can be found in the system of records notice, "Department of Homeland Security/ALL-024 Facility and Perimeter Access Control and Visitor Management System of Records."

E. Consequences of Failure to Provide Information: Providing this information, including Social Security Number (SSN), is voluntary. However, failure to provide the information requested may result in being denied access to a DHS facility; failure to provide the SSN may prevent completion of screening.

F. Information Requirements. In accordance with the above:

1. Non-Federal Visitors. Non-Federal visitors to TSA facilities will need to provide Date of Birth and Social Security Number information. The required information shall be provided in a password protected Microsoft Excel spreadsheet emailed to the Contracting Officer at least one (1) full business day prior to the visit date. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) The Contracting Officer may delegate the receipt of this information to the respective Contracting Officer Representative (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 non-federal visitors from one company require access to TSA Headquarters facilities, that company should submit a single complete spreadsheet. A DHS/TSA employee shall be responsible for both inputting the information into the Visitor Request Form and actual escorting the visitor(s) at all times. The submitted emails shall then be deleted by TSA.

2. Foreign National Visitors. Foreign Nationals visiting TSA facilities in the U.S. and its territories will need to submit additional information to screening purposes, specifically:

• Date of Birth

• Gender

• Country of Citizenship

• Country of Birth

• Passport Number and Expiration Date

• Position/Title

The required information shall be provided in a password protected Microsoft Excel spreadsheet emailed to the Contracting Officer at least seven (7) full business days prior to the visit date. The Contracting Officer may delegate the receipt of this information to the respective Contracting Officer Representative (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 visitors from one company require access to TSA Headquarters facilities, that company should submit a single complete spreadsheet. A DHS/TSA employee shall be responsible for both inputting the information into the Visitor Request Form and actual escorting the visitor(s) at all times. The submitted emails shall then be deleted by TSA.

(End of term)

H-5.0 H5200.205.001 PUBLICITY AND DISSEMINATION OF CONTRACT

INFORMATION (OCTOBER 2017)

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the award and/or performance of this contract without the prior written consent of the Contracting Officer. The Contractor shall submit any request for public release at least ten (10) business days in advance of the planned release. Under no circumstances shall the Contractor release any requested submittal prior to TSA approval.

Any material proposed to be published or distributed shall be submitted via email to the Contracting Officer. The Contracting Officer will follow the procedures in Management Directives 1700.3 and 1700.4.