Draft RFP No. 70RDA126R00000008

U.S. Department of Homeland Security (DHS)

Office of the Under Secretary of Management

Comprehensive Support to Removal Operations (CSRO) Support Services

Draft Request for Proposal

RFP No. 70RDA126R00000008

DHS Office of Procurement Operations

Part I – The Schedule

A Solicitation/Contract Form - TBD

(End of Section A)

B Supplies or Services and Prices/Costs

B.1 General Description

This is a Single Award Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract to support the Department of Homeland Security (DHS) Office of the Under Secretary of

Management. The intent of this contract is to acquire Comprehensive Support to Removal

Operations (CSRO) Support Services for DHS.

B.2 Minimum Guarantee and Maximum Ceiling

(a) Minimum. The minimum guaranteed award amount for this IDIQ contract is TBD for only the base period of performance of this contract (inclusive of any fee). The exercise of an Option period does not re-establish the contract minimum.

(b) Maximum. The cumulative dollar ceiling value of the resulting single award IDIQ contract is

TBD.

(c) The Government has no obligation to issue Task Orders (TO) to the Contractor beyond the amount specified in paragraph (a) of this section. Once the conditions of sub-paragraph (a), above, have been met, the Contractor will continue to have the opportunity to be issued TOs. An unlimited number of TOs may be awarded under the IDIQ contract throughout the ordering period, including options, if exercised.

B.3 Pricing

See Section B of the IDIQ contract.

B.4 Type of Orders Allowable Under This IDIQ Contract

(a) Order types will be specified in each individual Delivery/TO placed against this

IDIQ Contract. This contract provides for Firm-Fixed-Price (FFP) type orders, thereof in accordance with Federal Acquisition Regulation (FAR) Part 16.5

“Indefinite-Delivery Contracts” 1and as set forth in Section G “Contract

Administration Data” and Section I “Contract Clauses.”

(b) All TOs shall be priced in accordance with the pricing set forth in the Government provided Pricing Schedule, Attachment - TBD. These Contract Line Item

Numbers (CLINs) specify pricing for each of the services, deliverables, and data items within the scope described in the Performance Work Statement (PWS).

(c) The Contractor is not precluded from offering discounts from the prices found in the Pricing Template, Attachment TBD when preparing its proposals in

1 The revised final draft solicitation will have the appropriate Revolutionary FAR Overhaul (RFO) Clauses.

response to Task Order Requests (TOR) for Proposal. Proposed rates for TOs shall not exceed the rates established in the IDIQ contract.

B.5 MATERIALS AND OTHER DIRECT COSTS (ODCS)

Materials may be included at the task order level in accordance with FAR 52.212-4(e)(1)(iii)

ALT I (NOV 2021). OCOs shall determine the price(s) to be fair and reasonable and cost(s) to be allowable, allocable, and reasonable prior to task order award.

Other direct costs (ODCs) may be required to support this requirement at the TO level. All

ODCs required by the Government will be reimbursed to the Contractor in accordance with FAR 52.212-4 – ALT I (i)(ii)(D)(1). The Contractor shall be responsible for obtaining TO Contracting Officer’s Representative (COR) approval (e-mail is acceptable) for all ODCs in advance of purchases.

B.6 Other Direct Costs (ODC)

Requirements at the TO level may include ODCs that are not explicitly named and priced within Attachment TBD - Pricing Template, which shall become the awarded CSRO

IDIQ Contract’s Section B CLIN schedule. In satisfying such requirements, the ability to procure ODCs, which includes materials, equipment, and other supplies, and other ancillary items in support of these requirements will be available. All requests to purchase

ODCs via the ODC CLIN must be coordinated with the Task Order CO to ensure all

ODC CLIN requirements are within scope of the IDIQ contract, within the not-to-exceed

(NTE) CLIN ceiling value, for performance of only those solutions secured under Task

Orders awarded against the IDIQ contract and offered at a fair and reasonable price.

B.7 Travel

Travel costs may be included at the task order level. All travel required by the

Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. Travel costs may be firm-fixed price or reimbursed at actual cost in accordance with the limitations set forth in FAR Subsection

31.205-46 and any component-specific supplements. OCOs shall determine all travel costs fair, reasonable, and allowable prior to the Contractor incurring and expensing any travel costs to the Government.

Unless otherwise directed by TO terms and conditions, the Contractor may apply indirect costs to travel consistent with the Contractor’s standard accounting practices. The

Contractor shall be responsible for obtaining TO COR approval (e-mail is acceptable) for all reimbursable travel in advance of each travel event. Specific travel requirements will be indicated at the TO level.

(End of Section B)

C Description/Specifications/Performance Work Statement

*Reference Performance Work Statement Attachment

(End of Section C)

D Packaging and Marking

D.1 Packing, Packaging, Marking and Storage of Equipment

Unless otherwise specified, all items to be delivered under this IDIQ contract shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination at the most economical rate(s). The Contractor shall use (where possible) packing materials which have the least impact on the environment when manufactured or discarded, including, brown cardboard in lieu of cardboard which has been bleached white and/or dyed, and materials which both decompose and are recyclable in lieu of recycle-only products such as plastic or Styrofoam.

All initial packing, marking and storage incidental to shipping of equipment to be provided under this IDIQ contract shall be at the Contractor’s expense. The Contractor shall supervise the packing of all acquired equipment furnished by the Contractor and shall supervise the unpacking of equipment to be installed. The Contractor is fully liable for all damage, deterioration, or losses incurred during shipment and handling, unless the damage, deterioration, or losses are due to the fault of the Government.

D.2 Markings

As applicable, all deliverables submitted to the IDIQ contract’s Contracting Officer (CO), IDIQ contract’s Contracting Officer’s Representative (COR), Order CO, or Order COR shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

• Contract number;

• Order number;

• Name and address of the consignor;

• Name and address of the consignee;

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

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

The Contractor shall comply with the security requirements for packaging, marking, mailing, and shipping classified materials as prescribed by current Department of

Homeland Security (DHS) directives.

Specific marking requirements may be addressed in individual Orders.

(End of Section D)

E Inspection and Acceptance

E.1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far.

FAR Clause Title Date

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

(Nov 2023)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial

Services. Alternate I (Nov 2021)

E.2 Inspection

(a) Inspection of all items under this IDIQ contract shall be accomplished at the Task

Order level by the cognizant DHS Contracting Officer’s Representative (COR), or any other duly authorized

Government representative in accordance with the applicable FAR clauses and Section C of this contract.

(b) All deliverables will be inspected for content, completeness, and accuracy and conformance to IDIQ contract and Task Order requirements.

(c) The Government requires a period not to exceed thirty (30) calendar days after receipt of services and final deliverable items for inspection and acceptance or rejection unless otherwise specified in Section C or the terms of a Task Order.

The Government shall provide written notification of acceptance or rejection of all final deliverables within 30 calendar days of receipt of services or deliverables. Absent written notification within 30 calendar days of receipt, final deliverables shall be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

E.3 Acceptance

(a) Acceptance of all work and effort under the associated Task Orders shall be accomplished in writing by the Task Order Contracting Officer or their duly designated representative.

(b) The basis for acceptance shall be in compliance with the requirements set forth in Section C, the terms and conditions of this contract, and other terms and http://www.acquisition.gov/far conditions specified at the Task Order level. Services and/or deliverable items rejected shall be corrected in accordance with the applicable clauses.

(c) Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the government have been corrected.

(d) Non-conforming products or services will be rejected or revised as directed by the Task Order CO or COR as specified in Section C. Unless otherwise agreed by the parties, deficiencies will be corrected within thirty (30) business days of the rejection notice. If the deficiencies cannot be corrected within the specified period, the Contractor will immediately notify the Task Order Contracting

Officer of the reason for the delay and provide a proposed corrective action plan within ten (10) business days.

(End of Section E)

F Deliveries or Performance

F.1 Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at www.acquisition.gov/far.

FAR Clause Title Date

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

F.2 Ordering Period of Performance

The CRSO IDIQ contract’s ordering period will be for up to three (3) years consisting of the following performance periods and durations:

Base Ordering Period:

1 year Optional

Ordering Period 1: 1 year

Optional Ordering Period 2: 1 year

* Actual dates will be completed at award.

Task Orders may extend up to twelve (12) months beyond the IDIQ Contract’s expiration or termination date if issued before the IDIQ Contract’s expiration or termination date.

F.3 Hours of Operation

Contractor employees shall generally perform all work between the hours of 8:00 A.M.

and 5:00 P.M., Local Time, Monday through Friday. However, there may be occasions when Contractor employees shall be required to work other than normal business hours, including weekends and holidays, to fulfill requirements under the Statement of Work.

Specific work hours will be defined at the delivery/task order level.

Services will generally not be required on the following Federal holidays (or any other holidays declared by the Government); however, the Contractor may be required to provide services on these days in support of mission critical situations.

• New Year's Day - 1 January

• Martin Luther King's Birthday - Third Monday in January

• Inauguration Day – January 20 (or 21st if the 20th is a Sunday) http://www.acquisition.gov/far

• Washington’s Birthday - Third Monday in February

• Memorial Day - Last Monday in May

• Juneteenth – 19 June

• Independence Day - 4 July

• Labor Day - First Monday in September

• Columbus Day - Second Monday in October

• Veterans Day - 11 November

• Thanksgiving Day - 4th Thursday in November

• Christmas Day - 25 December

F.4 Deliverables

(a) Contract deliverables shall be in accordance with Section C “Statement of Work”.

(b) All applicable Task Order deliverables, their required delivery dates, destination of delivery, and schedule for completion of work to be performed will be specified in Task Orders issued under this IDIQ contract, as applicable.

(c) For purposes of delivery, all deliverables shall be made by close of business

(COB) 4:30 P.M. local time at destination, Monday through Friday, unless stated otherwise in a Task Order.

(d) All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus or defect.

(e) In addition to the deliverables required by this contract, additional applicable deliverables may be required, where their specific format and delivery schedule will be specified in the individual Task Orders issued under this IDIQ contract.

(End of Section F)

G Contract Administration Data

G.1 Accounting and Appropriation Data

Accounting and appropriation data for obligations under the contract will be set forth on individual Task Orders.

G.2 Primary Government Roles and Responsibilities

The following subsections describe the roles and responsibilities of individuals and/or authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding contract administration as well as other administrative information. The

Government reserves the right to unilaterally change any of these individual assignments at any time.

G.3 CSRO Contracting Officer (CO) – IDIQ Contract Level

The IDIQ CO is the sole and exclusive Government official with actual authority to administer and modify the terms and conditions of the IDIQ contract, monitor the

Contractor's performance in the areas of IDIQ contract compliance and IDIQ contract administration, and assist the Contractor and OCOs on matters related to the IDIQ contract’s terms and conditions. The Contracting Officer shall authorize any such revision in writing. In addition, the IDIQ CO makes all final decisions pertaining to within scope determination requests.

The IDIQ CO may delegate routine administrative functions to an appointed

Federal employee. The IDIQ Contracting Officer is:

TBD

The IDIQ Contract Specialist is:

G.4 CSRO Contracting Officer’s Representative (COR) – IDIQ Contract Level:

The Contracting Officer will designate in writing a Contracting Officer’s Representative

(COR) to assist in monitoring the work under this IDIQ. The COR is responsible for the technical administration of the IDIQ and technical liaison with the Contractor. The COR is not authorized to change the scope of work or specifications as stated in the IDIQ, to make any commitments or otherwise obligate the Government or authorize any changes which affect the IDIQ ceiling, rates, delivery schedule, period of performance, or other terms or conditions. The Contractor will receive a copy of the COR Appointment

Letter outlining the roles and responsibilities of the COR. A COR has no actual, apparent, or implied authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the IDIQ contract or any task order, nor in any way direct the Contractor or its subcontractors to operate in conflict with the

IDIQ contract’s or task order’s terms and conditions.

The CSRO IDIQ contract COR is responsible for the receipt and acceptance of the IDIQ-level deliverables and reports and past performance reporting for the CSRO IDIQ contract. The COR supports the CSRO IDIQ contract CO in the general management of the program. The CSRO IDIQ contract COR will be:

Name: TO BE COMPLETED AT TIME OF AWARD

Email: TO BE COMPLETED AT TIME OF AWARD

Tel No: TO BE COMPLETED AT TIME OF AWARD

The IDIQ contract COR for this contract will be identified by the IDIQ contract CO through a written designation. A copy of the letter of designation with specific duties and responsibilities will be provided to the Contractor.

G.5 Order Level Contracting Officer (CO)

Only the designated IDIQ Contracting Officer or a warranted DHS Office of Procurement

Operations Contracting Officer are authorized to issue orders against this Contract. This is a centralized IDIQ Contract in support of the Office for Strategy, Policy, and Plans. No other DHS Component or office is authorized to issue orders off of this IDIQ Contract.

G.6 Order Level Contracting Officer Representative (COR)

Task Order COs may designate individual Task Orders Level Contracting Officer

Representative (COR) that will be responsible for the day-to-day coordination of that Task

Order. The COR for each Task Order will be appointed by the Task Order CO through a written designation. A copy of the letter of appointment with specific duties and responsibilities will be provided to the Contractor.

G.7 Award of Orders Under the Contract

Each Order issued against this IDIQ Contract will, at a minimum, include the following information as applicable:

• IDIQ Contract number and Delivery/Task Order number;

• Date of the order;

• Description of the service(s) to be acquired and/or work to be performed or supplies to be delivered;

• The period of performance, or required delivery date;

• Place of performance

• Deliverables

• Contract Line Item Number (CLIN) and description, quantity, unit price and extended total

• Accounting and appropriation data

G.8 Task Order Placement Procedures

The Ordering Contracting Officer (OCO) must negotiate and administer delivery/task orders in accordance with the ordering procedures set forth in this IDIQ Contract. For products/services pre-priced in the IDIQ contract, the OCO can directly issue a delivery/task order to the IDIQ contract holder. For products/services not pre-priced in the IDIQ contract, the OCO shall:

1) Ensure the products/services are in scope of the contract and consult with the

IDIQ CO/COR if needed

2) Submit a Request for Quotation/Proposal to the IDIQ contract holder; The

Contractor shall include a detailed description of any items added and provide evidence in the Quotation/Proposal that competitive proposals were obtained for pricing offered to the Government in accordance with the contractor’s approved purchasing system

3) Evaluate the Quotation/Proposal and conduct cost/price analysis to ensure that the price is fair and reasonable prior to making an award

Individual orders will detail products or services required, in addition to any other order-specific information. Orders will be within the scope, issued within the period of performance, and be within the maximum value of the IDIQ contract. Only the Contracting Officer may modify the IDIQ contract to change the scope, period, or estimated value.

G.9 Invoice Preparation and Submission

Please see FAR 52.212-4(g).

Invoice instructions will be specified at the Task Order Level.

Unless otherwise stated in the Task Order, the Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to include at a minimum, the following information:

(a) Name and address of the Contractor;

(b) Invoice date and number;

(c) Contract number, contract line item number (CLIN) and delivery order number;

(d) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(e) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(f) Terms of any discount for prompt payment offered;

(g) Name and address of official to whom payment is to be sent;

(h) Name, title, and phone number of person to notify in event of defective invoice; and

(i) Electronic funds transfer (EFT) baking information.

All invoices shall be submitted to the “Designated Billing Office” and/or “Designated Payment

Office” address specified in each Task Order. Invoices will be handled in accordance with the

Prompt Payment Act and payment will be made for items accepted by the Government that have been delivered to the delivery destination set forth in each delivery order.

Invoice for a time-and-material or labor-hour delivery order shall be billed and processed in accordance with the FAR 52.212-4, Alternate I (Feb 2007).

The Contractor shall submit one invoice by the 5th business day of each month. Contract Line

Item Number (CLIN) for each billed item:

Firm Fixed Price (FFP) CLIN – The Contractor shall bill in equal installments (Unit

Price) as identified by the associated CLIN Schedule.

The Contractor shall submit invoices electronically to the address below:

E-mail: InvoiceMGT.Consolidation@ice.dhs.gov

Simultaneously provide an electronic copy of the invoice to the following individuals at the addresses below:

ATTN: Office of Procurement Operations/Contract Specialist - TBD

ATTN: Office of Procurement Operations/Contracting Officer - TBD

ATTN: Contracting Officer Representative (COR) – TBD

The contractor shall submit invoices to the email address above. Additionally, the contractor shall prepare and submit a sufficient and procurement regulatory compliant invoice and receiving report for technical certification of inspection/acceptance of services and approval for payment.

The contractor shall attach backup information to the invoices and receiving reports substantiating all costs for services performed. The receiving agency’s written or electronic acceptance by the COR and date of acceptance shall be included as part of the backup documentation. If the invoice is submitted without all required back up documentation, the invoice shall be rejected. The Government reserves the right to have all invoices and backup documentation reviewed by the Contracting Officer prior to payment approval.

(End of Section G)

H Special Contract Requirements

H.1 Authorized Users

This IDIQ contract is available for the use by only the DHS OPO Contracting Officers and the

Office of the Under Secretary of Management unless delegated authority is given to other DHS

Contracting Officers.

All Task Order solicitations must be sent to the IDIQ contract COR at the same time they are sent to the Contractor. The Contractor shall not provide a response to any Task Order solicitation that the IDIQ contract COR was not copied on.

H.2 Training

The Government will not allow costs, nor reimburse costs associated with the Contractor training employees to attain and/or maintain minimum personnel qualification requirements of this IDIQ contract or any Task Order.

H.3 Clause Refresh

DHS reserves the unilateral right to update the clauses in this contract based upon changes to the

FAR or the Homeland Security Acquisition Regulation (HSAR) upon written notification to the contractor or as a result of mutual agreement of the parties.

H.4 Government Furnished Property (GFP)

The Government may furnish, entirely at its own choice, to the Contractor certain property to be used on-site on a no-cost-for-use basis, as necessary for the technical performance of the IDIQ contract. The Contractor shall use all reasonable care in protecting said property from damage or losses incurred, and will immediately advise the IDIQ contract COR of any repairs needed, damages or losses incurred, replacement required, etc. In no event shall any item of property, other than office operating supplies, be relocated or disposed of without the expressed authorization of the IDIQ contract COR.

Thirty (30) calendar days prior to the end of the IDIQ contract’s ordering period, or upon termination of the IDIQ contract, the Contractor shall furnish to the IDIQ contract COR a complete inventory of all Government Property in its possession under the contract that has not been tested to destruction, completely expended in performance or incorporated and made a part of a deliverable end item. The IDIQ contract COR will furnish disposition instructions on all listed property which was furnished or purchased under the IDIQ contract.

Additional GFP will be specified in individual Task Orders.

H.5 Government Furnished Information (GFI)

GFI will be specified in individual Task Orders.

H.6 Contractor Acquired Property

If the Contractor is required to purchase property to perform this IDIQ contract or an associated

Task Order, compliance with the procedures of FAR Part 45, Government Property, is required.

H.7 Disclosure and Avoidance of Inherently Governmental Functions

In accordance with FAR Subpart 7.5, Inherently Governmental Functions, no personal services shall be performed under this IDIQ contract or any associated Task Order. 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. 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 both the IDIQ Contract and Task Order

Contracting Officers of this communication or action.

The Contractor shall not perform any inherently governmental actions as defined by FAR

Subpart 7.5. 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 with third parties 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 the IDIQ contract or Task Order and that if the other contractor believes this communication to be a direction to change their contract or Task Order, they should notify their Contracting Officer and not carry out the direction until a clarification has been issued by their Contracting Officer.

H.8 Freedom of Information Act

Information that is furnished under this RFP may be subject to disclosure under the Freedom of

Information Act (FOIA). All items that are confidential to business, contain trade secrets, proprietary or personnel information shall be clearly marked. If such items are not marked, all information contained within the documents submitted will be deemed releasable. Marking of items will not necessarily preclude disclosure when DHS determines disclosure is warranted by

FOIA.

This section presents the general requirements applicable to Comprehensive Support to Removal

Operations (CSRO) Support Services Contractor.

H.9 Non-Disclosure Agreements (NDA)

All Contractor personnel performing work thereunder the IDIQ contract shall complete and sign DHS Form 11000-6, Non-Disclosure Agreement, or have executed a corporate-level NDA. The Contractor shall provide the completed form(s) to the IDIQ COR before any employee has access to any information, materials, or documents pertaining to the

IDIQ contract.

(End of Section H)

Part II – Contract Clauses

I Contract Clauses

The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition

Regulations (HSAR) clauses are incorporated by reference into this solicitation, the IDIQ, and

ALL Task Orders awarded as a result of it.

All clauses referenced or incorporated below are applicable to this Single Award IDIQ Contract and to all associated orders unless otherwise stated. DHS may include additional contract clauses in Delivery/Task Orders issued under this contract other than those enumerated herein such as

(1) optional FAR clauses, (2) optional DHS clauses, (3) unreferenced FAR or HSAR alternate clauses, and (4) order specific clauses.

FAR 52.252-1 Clauses Incorporated by Reference (Feb 1998)

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

Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/browse/index/far or for DHS specific clauses at:

https://www.acquisition.gov/hsar

FAR No. Title Date

FAR Clauses/Provisions

52.203-3 Gratuities APR 1984

52.204-7 System for Award Management NOV 2024

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021

52.211-17 Delivery of Excess Quantities SEPT 1989

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Applicable to firm fixed price CLINs and orders)

NOV 2023

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services – ALT I (Applicable to time and materials or labor hour type CLINs and orders)

NOV 2021

52.216-31 T&M/LH Proposal Requirements—Commercial Acquisition NOV 2021

52.227-1 Authorization and Consent JUN 2020

52.227-14 Rights in Data – General – ALT IV MAY 2014

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation JUN 2020

52.232-18 Availability of Funds APR 1984

52.232-37 Multiple Payment Arrangements MAY 1999

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.237-3 Continuity in Services JAN 1991

52.242-15 Stop-Work Order AUG 1989

52.245-1 Government Property SEP 2021

FAR 52.216-18 Ordering (AUG 2020)

Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from tb.

All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

A delivery order or task order is considered "issued" when—

If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

If sent by fax, the Government transmits the order to the Contractor's fax number; or

If sent electronically, the Government either—

Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

Distributes the delivery order or task order via email to the Contractor's email address.

Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

FAR 52.216-19 Order Limitations (OCT 1995)

Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250.00, the Government is not obligated to purchase, nor is the

Contractor obligated to furnish, those supplies or services under the contract.

Maximum order. The Contractor is not obligated to honor-

• Any order for a single item in excess of TBD

• Any order for a combination of items in excess of TBD or

• A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

• If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the

Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

• Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (Oct 1995)

This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The

Government shall order at least the quantity of supplies or services designated in the Schedule as the

"minimum."

Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after TBD.

FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 10 days prior to the task order expiration date.

(End of clause)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at least 10 days prior to task order expiration, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days prior to task order expiration. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

FAR 52.224-3 Privacy Training – Alternate I (DEVIATION 17-03) (July 2023)

(a) Definition. As used in this clause, personally identifiable information means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget

(OMB) Circular A–130, Managing Federal Information as a Strategic Resource).

(b) The Contractor shall ensure that initial privacy training, and annual privacy training, thereafter, is completed by contractor employees who—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information on behalf of an agency; or

(3) Design, develop, maintain, or operate a system of records (see also FAR subpart 24.1 and 39.105).

(c) The contracting agency will provide initial privacy training, and annual privacy training thereafter, to

Contractor employees for the duration of this contract. Contractor employees shall satisfy this requirement by completing Privacy at DHS: Protecting Personal Information accessible at http://www.dhs.gov/dhs-security-and-training-requirements-contractors. Training shall be completed within 30 days of contract award and be completed on an annual basis thereafter not later than October

31st of each year.

(d) The Contractor shall maintain and, upon request, provide documentation of completion of privacy training to the Contracting Officer.

(e) The Contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use, process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information, or to design, develop, maintain, or operate a system of records unless the employee has completed privacy training, as required by this clause.

(f) The substance of this clause, including this paragraph (f), shall be included in all subcontracts under this contract, when subcontractor employees will—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or

(3) Design, develop, maintain, or operate a system of records.

ALTERNATE I (JULY 2023)

When Federal information systems, which include Contractor information systems operated on behalf of the agency, are used to collect, process, store, or transmit CUI, add the following paragraphs:

(h) Authority to Operate. The Contractor shall not collect, process, store, or transmit CUI within a

Federal information system until an ATO has been granted by the Component or Headquarters CIO, or designee. Once the ATO has been granted by the Government, the Contracting Officer shall incorporate the ATO into the contract as a compliance document. Unless otherwise specified in the ATO letter, the

ATO is valid for 3 years. An ATO is granted at the sole discretion of the Government and can be revoked at any time. Contractor receipt of an ATO does not create any contractual right of access or entitlement.

The Government’s grant of an ATO does not alleviate the Contractor’s responsibility to ensure the http://www.dhs.gov/dhs-security-and-training-requirements-contractors information system controls are implemented and operating effectively.

(1) Complete the Security Authorization process. The Security Authorization (SA) process shall proceed according to DHS Policy Directive 4300A Information Technology System Security

Program, Sensitive Systems (Version 13.3, February 13, 2023), or any successor publication; and the Security Authorization Process Guide, including templates. These policies and templates are accessible at https://www.dhs.gov/dhs-security-and-training-requirements-contractors.

(i) Security Authorization Package. The SA package shall be developed using the government-provided Security Requirements Traceability Matrix and SA templates. The

SA package consists of the following: Security Plan, Contingency Plan, Contingency Plan

Test Results, Configuration Management Plan, Security Assessment Plan, Security

Assessment Report, and Authorization to Operate Letter. Additional documents that may be required include a Plan(s) of Action and Milestones and Interconnection Security

Agreement(s). The Contractor shall submit a signed copy of the SA package, validated by an independent third party, to the COR for review and approval by the Component or

Headquarters CIO, or designee, at least 30 days prior to the date of operation of the information system. The Government is the final authority on the compliance of the SA package and may limit the number of resubmissions of modified documents.

(ii) Independent Assessment. Contractors shall have an independent third party validate the security and privacy controls in place for the information system(s). The independent third party shall review and analyze the SA package, and report on technical, operational, and management level deficiencies as outlined in NIST SP 800–53, Security and Privacy

Controls for Information Systems and Organizations, or successor publication, accessible at https://csrc.nist.gov/publications/sp. The Contractor shall address all deficiencies before submitting the SA package to the COR for review.

(2) Renewal of ATO. Unless otherwise specified in the ATO letter, the Contractor shall renew the

ATO every 3 years. The Contractor is required to update its SA package as part of the ATO renewal process for review and verification of security controls. Review and verification of security controls is independent of the system production date and may include onsite visits that involve physical or logical inspection of the Contractor environment to ensure controls are in place. The updated SA package shall be submitted for review and approval by the Component or

Headquarters CIO, or designee, at least 90 days before the ATO expiration date. The Contractor shall update its SA package by one of the following methods:

(i) Updating the SA package in the DHS Information Assurance Compliance System; or

(ii) Submitting the updated SA package directly to the COR.

(3) Security Review. The Government may elect to conduct periodic reviews to ensure that the security requirements contained in the contract are being implemented and enforced. The

Government, at its sole discretion, may obtain assistance from other Federal agencies and/or third-party firms to aid in security review activities. The Contractor shall afford DHS, the Office of the Inspector General, other government organizations, and Contractors working in support of the Government access to the Contractor’s facilities, installations, operations, documentation, databases, networks, systems, and personnel used in the performance of this contract. The https://csrc.nist.gov/publications/sp

Contractor shall, through the Contracting Officer and COR, contact the Component or

Headquarters CIO, or designee, to coordinate and participate in review and inspection activity by government organizations external to DHS. Access shall be provided, to the extent necessary as determined by the Government (including providing all requested images), for the Government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of government data or the function of computer systems used in performance of this contract and to preserve evidence of computer crime.

(4) Federal Reporting and Continuous Monitoring Requirements. Contractors operating information systems on behalf of the Government shall comply with Federal reporting and information system continuous monitoring requirements. Reporting requirements are determined by the Government and are defined in the Fiscal Year 2015 DHS Information Security

Performance Plan, or successor publication, accessible at https://www.dhs.gov/dhs-security-and-training-requirements-contractors. The plan is updated on an annual basis. Annual, quarterly, and monthly data collection will be coordinated by the Government. The Contractor shall provide the

Government with all information to fully satisfy Federal reporting requirements for information systems. The Contractor shall provide the COR with requested information within 3 business days of receipt of the request. Unless otherwise specified in the contract, monthly continuous monitoring data shall be stored at the Contractor’s location for a period not less than 1 year from the date the data are created. The Government may elect to perform information system continuous monitoring and IT security scanning of information systems from government tools and infrastructure.

FAR 52.247-63 Preference for U.S.-Flag Air Carriers (Jan 2025)

(a) Definitions. As used in this clause-

"International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.

United States means the 50 States, the District of Columbia, and outlying areas.

U.S.-flag air carrier means an entity granted authority to provide air transportation in the form of a certificate of public convenience and necessity under 49 U.S.C. 41102.

(b) U.S. Government-financed international air transportation. 49 U.S.C. 40118, Government-financed air transportation (commonly referred to as the Fly America Act), requires that all Federal agencies and

Government contractors and subcontractors use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the General Services Administration to issue regulations that, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.

(c) Use of U.S.-flag carriers for international air transportation. If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.

(d) Statement of unavailability of U.S.-flag air carriers. Use of U.S.-flag carriers for international air transportation. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers

International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons (see section 47.403 of the Federal Acquisition Regulation): [State reasons]:

(End of statement)

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.

FAR 52.247-69 Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent

Human Trafficking (Jan 2025)

(a) Definitions. As used in this clause—

Human trafficking means “Severe forms of trafficking in persons” or “Sex trafficking.”

Severe forms of trafficking in persons means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

(b) Annual reporting requirement.

(1) In accordance with 49 U.S.C. 40118(g), the Contractor shall provide the annual report described in paragraph (b)(2) of this clause by October 30th, via email, to the following agencies:

(i) General Services Administration: TraffickingPreventionReport@gsa.gov;

(ii) U.S. Department of Transportation: trafficking@dot.gov;

(iii) Department of Labor: AirCarrier-HTreports@dol.gov;

(iv) Transportation Security Administration: ics-cchtfams@tsa.dhs.gov;

(v) U.S. Customs and Border Protection: CLP@cbp.dhs.gov; and

(vi) DHS Center for Countering Human Trafficking: Info@CCHT.dhs.gov.

(2) The annual report shall include information from the preceding Government fiscal year (October 1 through September 30) regarding—

(i) The number of personnel trained in the detection and reporting of potential human trafficking, including the training required under 49 U.S.C. 44734(a)(4);

(ii) The number of notifications of potential human trafficking victims received from staff or other passengers; and

(iii) mailto:TraffickingPreventionReport@gsa.gov mailto:trafficking@dot.gov mailto:AirCarrier-HTreports@dol.gov

(A) Whether the Contractor notified the Global Human Trafficking Hotline, another comparable hotline, or law enforcement at the relevant airport of the potential human trafficking victim for each such notification of potential human trafficking; and

(B) If the Contractor made a notification, the date the notification was made and the method of notification (e.g., text to Hotline, call to law enforcement).

(c) Training. In accordance with 49 U.S.C. 44734 and 44738, personnel trained in the detection and reporting of potential human trafficking should include the following:

(1) Flight attendants;

(2) Ticket counter agents;

(3) Gate agents; and

(4) Other air carrier workers whose jobs require regular interaction with passengers.

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial

Items. (July 2023)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(b) Clauses.

X 3052.203–70 Instructions for Contractor Disclosure of Violations.

X 3052.204–71 Contractor Employee Access.

X Alternate I

_X_ Alternate II

X 3052.204–72 Safeguarding of Controlled…