Combined Solicitation Synopsis 70T02020R9KCOO130 7.23.20.pdf

Combined Synopsis/Solicitation

70T02020R9KCOO130

Combined Synopsis/ Solicitation

FBO Posting: COMBINED SYNOPSIS/SOLICITATION

FBO Title: Worldwide Flight Data Subscription Services

Notice No: 70T02020R9KCOO130

NAICS: 519190 All Other Information Services

488190 Other Support Activities for Air Transportation

Section 1.0 - Synopsis/Solicitation

1.0 Introduction

The Office of Information Technology (IT), Technology Solutions Division (TSD) is the component of the Transportation Security Administration (TSA) responsible for the development, implementation, operation and maintenance of a broad range of transportation vetting programs designed to protect the U. S. transportation system against terrorism.

Transportation Vetting System (TVS) is a mission critical system which operates 24 hours per day, 7 days a week. TVS continuously (recurrently) vets approximately 21 million individuals in 39 populations occupying a position of "insider" trust against government watchlists. The system retains all subject and watchlist records to perform recurrent vetting, a mechanism which immediately alerts users when record updates or additions cause system discovery of biographic matches.

Transportation Vetting System’s (TVS) objective is to access scheduled flight data so that analysts can track trends and changes in commercial airline schedules, routes, frequencies and passenger capacity during the period of performance of the awarded contract. The worldwide scheduled flight data subscription will be used to improve the effectiveness of TSA’s biographic matching system and vetting capabilities.

52.212-1 Instructions to Offerors - Commercial Items (JUN 2020)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, in conjunction with Subpart 13.1, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) The solicitation number is 70T02020R9KCOO130 and is issued as a Request for Proposal (RFP).

(iii) The associated North American Industrial Classification System (NAICS) code for this requirement is either 519190 or 488190. This requirement is being synopsized and qualified vendors may submit proposal.

The Offeror shall provide pricing in accordance with this RFP and the requirements in Section 2.4.

(End of Provision)

Section 2.0 - Services and Pricing

2.1 Contract Type

This is a Firm-Fixed-Price (FFP) contract type.

2.2 Instructions for Submitting Pricing Proposal

The Offeror is instructed to fill-in the Pricing Table in Section 2.4 that shows the description, quantity, unit of issue, monthly fixed price and the total price for 12 months for the base and the four (4) one (1) year options.

2.3 Instructions for Submitting Pricing Proposal

Questions and clarifications must be submitted via email to antonio.jackson1@tsa.dhs.gov and HSTS02.Contracting@tsa.dhs.gov no later than 12:00 Noon PM (EDT) on Monday, July 27, 2020. The subject line of the email should contain the following: 70T02020R9KCOO130 - Questions Submitted (Contractor Name). The total size of the e-mail with all attachments shall not exceed 10 megabytes

(MB).

Electronic proposals must be submitted via email to antonio.jackson1@tsa.dhs.gov and HSTS02.Contracting@tsa.dhs.gov no later than 3:00 PM (EDT) on Friday, July 31, 2020. Only email submissions will be considered. The subject line of the email should contain the following: 70T02020R9KCOO130 – Proposal (Contractor Name). The total size of the e-mail with all attachments shall not exceed 10 megabytes (MB).

All proposal submissions must include the following information (preferably to be provided on the proposal submission cover letter):

a) Tax Identification Number (TIN)

b) Dun & Bradstreet Number (DUNS)

c) North American Industrial Classification System (NAICS) Code

d) Product Service Code (PSC)

e) Contact Name

f) Contact Email address

g) Contact telephone and fax number mailto:antonio.jackson1@tsa.dhs.gov mailto:HSTS02.Contracting@tsa.dhs.gov mailto:antonio.jackson1@tsa.dhs.gov mailto:HSTS02.Contracting@tsa.dhs.gov

h) Complete business mailing address

2.4 Pricing Schedule

CLIN Description Type QTY Unit Issue

Unit Price

Extended Price

Base Year

00001 Worldwide Flight Data Subscription Services FFP 12 MO $ $

Base Year Total $

CLIN Description Type QTY Unit Issue

Unit Price

Extended Price

Option Year 1

10001 Worldwide Flight Data Subscription

Option Year 1 Total $

Unit Price

Extended Price

Option Year 2

20001 Worldwide Flight Data Subscription

Option Year 2 Total $

Unit Price

Extended Price

Option Year 3

30001 Worldwide Flight Data Subscription

Option Year 3 Total $

Unit Price

Extended Price

Option Year 4

40001 Worldwide Flight Data Subscription Services FFP 12 MO $ $

Option Year 4 Total $ Total Contract Total $

Section 3.0 - Statement of Work

See Attachment A

Section 4.0 - Packaging and Marking

4.1 Commercial Packaging

Preservation packaging and packing shall provide adequate protection against physical damage during shipment for all deliverable items in accordance with standard commercial practices.

The Offeror shall mark each deliverable item with the name of its firm, the TSA Contract Number, TSA Contracting Officer’s Representative (COR), item identification, quantity of items and notice of partial or final delivery as appropriate.

4.2 Marking of Deliverables

All deliverables submitted to the COR and/or COR appointed Government personnel shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract number;

(b) CLIN number:

(c) Name and address of the consignor;

(d) Name and address of the consignee;

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

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

The Offeror shall take all necessary precautions to ensure that all sensitive data developed (if any) under this contract are delivered to the Government in accordance with Section V of the Statement of Work (Attachment A).

Section 5.0 - Inspection and Acceptance

5.1 Inspection of the Services

Inspection of the services for this contract as prescribed by FAR 46.304 will be in accordance with FAR 52.246-4 Inspection of Services-Fixed Price (AUG 1996) incorporated by reference.

Final acceptance of all deliverables and or services performed as specified under this contract will be made in writing, in accordance Section V of the Statement of Work (Attachment A).

Section 6.0 - Delivery or Performance

6.1 Period of Performance

The base period of performance (POP) will be twelve (12) months after the contract award date. The POP also will include an additional four (4) one (1) year options that will be exercised at the sole discretion of the Government.

6.2 Place of Performance

Physical delivery of data is not required. TSA will retrieve the data files from the vendor's Secure Hypertext Transfer Protocol (HTTPS) site. Government must be provided access to the HTTPS site and data files must be initially available for download by the date determined between the COR and the Contractor (within 14 days of contract award).

Vendor must notify the COR, immediately once the data files are uploaded on the HTTPS site along with the instructions on how to retrieve the data.

6.3 Notices to Government of Performance Delays

In the event the Offeror encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Offeror has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Offeror shall immediately notify the Contracting Officer and the COR. Such notice shall be in writing, giving pertinent details; provided, however, that this notice shall be informational only in character and the Government’s request for such notice shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

Section 7.0 – Contract Administration Data

7.1 Contract Administration Terms

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 COR:

NAME: Crystal Davis

PHONE NUMBER: (240) 568-5627

EMAIL: Crystal.Davis1@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.

(End of term)

5200.242.003 SUBMISSION OF INVOICES (JUL 2015)

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 mailto:FIN-SMB-TSAInvoices@uscg.mil 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

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 https://www.fincen.uscg.mil/secure/payment.htm 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. The Contractor may submit an invoice for the delivered items after the items have been received and accepted by the Government.

(End of term)

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: TBD at award

PHONE NUMBER: TBD at award

EMAIL: TBD at award

(End of term)

5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103

(JUL 2018)

In the event of receipt of the Contracting Officer’s final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Contracting and Procurement in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer’s decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Contracting and Procurement, 601 S. 12th Street, Arlington, VA 20598-6025, or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate “APPEAL OF AGENCY PROTEST”.

Section 8.0 – Special Contract Requirements

8.1 TSA Special Contract Requirements

5200.205.001 PUBLICITY AND DISSEMINATION OF CONTRACT INFORMATION

(OCTOBER 2017)

Prescription: The Contracting Officer shall include in all TSA contracts when also including HSAR 3052.205-70 and/or Alternate I.

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. The Administrator retains the authority to deny publication authorization. Any conditions on the approval for release will be clearly described. Notice of disapproval will be accompanied by an explanation of the basis or bases for disapproval.

(End of term)

5200.237.004 Contractor Responsibility, Conduct and Performance under TSA Service Contracts (JUNE 2019)

A. BASIC REQUIRED STANDARDS OF CONDUCT RELATED TO BUSINESS

UNDER GOVERNMENT CONTRACTS

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

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

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

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

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

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

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

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

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

3. Reporting Matters.

Illegal, and Unethical, or Inappropriate Conduct. The Contractor, and its employees shall immediately report to the Contracting Officer and/or Contracting Officer’s

Representative, any illegal, or unethical, or inappropriate conduct observed, noticed, or discovered while on Government premises or during periods paid by the Government under this contract, without regard as to the source of such conduct (except that any matter involving only contractor employees, apart from any Government requirements or the specific requirements of this contract, is deemed to be strictly the concern of the Contractor). The Contractor shall immediately report to the Government all actual or suspected violations of Government information, personnel, or physical security requirements. The Contractor shall fully comply with all of the reporting requirements that are expressed for specified circumstances and issues identified in discrete Federal Acquisition Regulation or Homeland Security Acquisition Regulation terms in force under this contract.

4. Emergency Situations While on Government Premises. Contractor employees shall immediately report any emergency situations they may witness (any circumstance where actual or potential loss of life, serious injury, or critical damage to property, or other serious incidents, such as fires, or workplace violence, terrorist activities, or other criminal behavior is occurring) per standing TSA procedures while they are performing under contract in government facilities.

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

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

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

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

B. BASIC REQUIREMENTS AFFECTING CONTRACTOR PERFORMANCE

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

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

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

INTERRELATIONSHIP OF ASSOCIATE CONTRACTORS.

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

New Year’s Day

Martin Luther King, Jr. Birthday

Washington’s Birthday (President’s Day)

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

a) In addition to the days designated as holidays, the Government observes also the following days:

• Any other day designated by Federal Statute, and

• Any other day designated by Executive Order, and

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

• Inauguration Day (Washington, DC metropolitan area) (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):

b) When the Government grants excused absence to its employees in a specific location, assigned Contractor personnel at that same location may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer’s Representative. Observance of such holidays by Government personnel shall not be a reason for the Contractor to request an extension of the period of performance, or entitlement of compensation except as set forth within the contract.

c) In the event the Contractor’s personnel work during the holiday or other excused absences, they may be compensated by the Contractor, however, no form of holiday or other premium compensation will be considered either as a direct or indirect cost, other than their normal compensation for the time worked.

For cost 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 during the holiday or excused absences in the event contractor personnel are not dismissed. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

Otherwise, the management responsibility for contractor functions approved by the Contracting Officer for offsite work, in the event of inaccessibility of federal workplaces, is the sole responsibility of the contractor. The contractor may propose telework or other solutions when critical work is required, however, the Contractor is solely responsible for any cost differential in performance, all liabilities that may be due to performance at an alternate location, and all resources necessary to complete such performance.

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

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

f) Department of Homeland Security (DHS) may close a DHS facility for all or a portion of a business day as a result of-

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

(B) Inclement weather;

(C) Failure of Congress to appropriate operational funds;

(D) Or any other reason.

(2) In such cases, contractor personnel 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 or Contracting Officer’s Representative provides notice of such.

(3) 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 DHS employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.

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

(1) For cost-reimbursement, time-and-materials and labor-hour type contracts, DHS 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.

(2) For fixed-price contracts, the price will not be prorated and the contractor is expected to satisfy the contract requirement during the period of performance without requested extension.

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

C. CONTRACTOR’S RESPONSIBILITY FOR ASSIGNED SPACE, EQUIPMENT, AND

SUPPLIES. If, due to the fault or neglect of the Contractor, his agents, or employees, damages are caused to any Government property, equipment, stock or supplies, during the performance of this contract, the Contractor shall be responsible for such loss or damage and the Government, at its option, may either require the Contractor to replace all property or to reimburse the Government for the full value of the lost or damaged property. The Contractor is responsible for maintaining all assigned space(s) in a clean and orderly fashion during the course of this contract.

All telephones are for conducting official Government business only.

D. CONTRACTOR EMPLOYEE TRAINING REQUIREMENTS. The contractor shall provide fully trained and experienced personnel. Training of contractor personnel shall be performed by the contractor at its expense, except as directed by the Government through written authorization by the Contracting Officer to meet special requirements peculiar to the contract. The Contracting Officer’s Representative will identify any specified government training which the contractor’s employees with access to TSA IT accounts will be required to complete as a precursor to or coincident with their authorized access to or use of government space or facilities, equipment, information, or information systems as a necessary component of performance required under the contract. Contractor employees are responsible for providing required evidence of timely training completion when the Government assigns such training. Training includes attendance at seminars, symposia or user group conferences. Training will not be authorized for the purpose of keeping contractor personnel abreast of advances in the state-of-the-art or for training contractor employees on equipment, computer languages and computer operating systems that are available on the commercial market or required by a contract. This includes training to obtain or increase proficiency in word processing, spreadsheets, presentations, and electronic mail.

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

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

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

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

full name, social security number, effective date, and reason for change.

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

1. an explanation of the circumstances necessitating the substitution;

2. a complete resume of the proposed substitute; and

3. any other information requested by the CO to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

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

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

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

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

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

L. PERSONAL SERVICES.

“Personal services” are those in which contractor personnel would appear to be, in effect, Government employees via the direct supervision and oversight by Government employees. No personal services shall be performed under this contract. No Contractor employee will be directly supervised by a Government employee. All individual Contractor employee assignments, and daily work direction, shall be given by the applicable employee supervisor of the Contractor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently Governmental actions as defined by FAR 7.500. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change any contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this term. Nothing in this special contract requirement shall limit the Government’s rights in any way under any other term of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this special contract requirement shall be included in all subcontracts at any tier.

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

(End of term)

Information Assurance Requirements for TSA Government Acquisitions (April 2016)

A. General Security Requirements

A.1. The Contractor shall comply with all Federal, Department of Homeland Security (DHS) and Transportation Security Administration (TSA) security and privacy guidelines in effect at the time of the award of the contract, as well as those requirements that may be discretely added during the contract.

A.2. The Contractor shall perform periodic reviews to ensure compliance with all information security and privacy requirements.

A.3. The Contractor shall comply with all DHS and TSA security controls to ensure that the Government's security requirements are met. These controls are described in DHS PD 4300A and TSA MD 1400 series security policy documents and are based on the current National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 standards.

A.4. The Contractor shall include this guidance in all subcontracts at any tier where the subcontractor is performing the work defined in this statement of work (SOW).

A.5. The Contractor shall ensure all staff has the required level of security clearance commensurate with the sensitivity of the information being accessed, stored, processed, transmitted or otherwise handled by the System or required to perform the work stipulated by the contract. At a minimum, all Contractor staff shall be subjected to a Public Trust background check and be granted a Public Trust clearance before access to the System or other TSA resources is granted.

A.6. The Contractor shall sign a DHS Non-Disclosure Agreement (NDA) within thirty

(30) calendar days of the contract start date.

A.7. The Contractor shall not release, publish, or disclose agency information to unauthorized personnel, and shall protect such information in accordance with the provisions of the pertinent laws and regulations governing the confidentiality of sensitive information.

A.8. The Contractor shall ensure that its staff follow all policies and procedures governing physical, environmental, and information security described in the various TSA regulations pertaining thereto, and the specifications, directives, and manuals for conducting work to generate the products as required by this contract. Personnel shall be responsible for the physical security of their area and government furnished equipment (GFE) issued to the Contractor under the terms of the contract.

A.9. The Contractor shall make all system information and documentation produced in support of the contract available to TSA upon request.

B. Training Requirements

B.1. All Contractor employees, requiring system access, shall receive initial Organizational Security Fundamentals Training within (sixty) 60 days of assignment to the contract via the Online Learning Center (OLC). Refresher training shall be completed annually thereafter.

B.2. The Contractor shall complete annual online training for Organizational Security Fundamentals and TSA Privacy training.

B.3. Role Based training is required for contract employees with Significant Security Responsibility (SSR), whose job proficiency is required for overall network security within TSA, and shall be in accordance with DHS and TSA policy. The Contractor will be notified if they have a position with significant security responsibility.

B.4. Individuals with SSR shall have a documented individual training and education plan, which shall ensure currency with position skills requirements, with the first course to be accomplished within ninety (90) days of employment or change of position. The individual training plan shall be refreshed annually or immediately after a change in the individual’s position description requirements.

B.5. Information Security and Privacy training supplied by the Contractor shall meet standards established by NIST and set forth in DHS and TSA security policy.

B.6. The Contractor shall maintain a list of all employees who have completed training and shall submit this list to the contracting officer representative (COR) upon request, or during DHS/TSA onsite validation visits performed on a periodic basis.

B.7. The Contractor shall its employees review and sign the TSA Form 1403, Computer and Wireless Mobile Device Access Agreement (CAA), prior to accessing IT systems.

https://office.ishare.tsa.dhs.gov/sites/OTWE3/OLC/OLC%20Home%20Page.aspx

C. Configuration Management (hardware/software)

C.1. Hardware or software configuration changes shall be in accordance with the DHS Information Security Performance Plan (current year and any updates thereafter), the DHS Continuous Diagnostics and Mitigation (CDM) Program to include dashboard reporting requirements and TSA’s Configuration Management policy. The TSA Chief Information Security Officer (CISO)/Information Assurance and Cyber Security Division (IAD) shall be informed of and involved in all configuration changes to the TSA IT environment including systems, software, infrastructure architecture, infrastructure assets, and end user assets. The TSA IAD POC shall approve any request for change prior to any development activity occurring for that change and shall define the security requirements for the requested change. The COR will provide access to the DHS Information Security Performance Plan.

C.2. The Contractor shall ensure all application or configuration patches and/or Requests for Change (RFC) have approval by the Technical Discussion Forum (TDF), Systems Configuration Control Board (SCCB) and lab regression testing prior to controlled change release under the security policy document, TSA Management Directive (MD) 1400.3 Information Technology Security and TSA Information Assurance (IA) Handbook, unless immediate risk requires immediate intervention. Approval for immediate intervention (emergency change) requires approval of the TSA CISO, SCCB co-chairs, and the appropriate Operations Manager, at a minimum.

C.3. The Contractor shall ensure all sites impacted by patching are compliant within fourteen (14) days of change approval and release.

C.4. The acquisition of commercial-off-the-shelf (COTS) Information Assurance (IA) and IA-enabled IT products (to be used on systems entering, processing, storing,…