HSBP1012R0020 A0007_ 6.21.12.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT - Continuation

1. CONTRACT ID CODE

PAGE OF PAGES2. AMENDMENT/MODIFICATION NO. 3. EFF. DATE 4. REQUISITION/PURCHASE REQ. NO.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

2 �A000�

STANDARD FORM 30 (REV. 10-83)

HSBP1012R00206/2 /12

---3----

SECTION J:

------3---- J.1 "LIST OF ATTACHMENTS" is hereby amended to correct the page count of the PWS that was updated in Amendment A0006.

-------3----

SECTION M:

-------3---- Provision M.4 “EVALUATION CRITERIA” is amended to adjust the second paragraph, on page 57, found under the heading “Adjectival Ratings - for Management and Technical Approach Factors”.

------3---- -----3---- -----3---- -----3---- All of the aforementioned changes are detailed in yellow highlights throughout the amended Terms and Conditions and amended Sample Task Order.

-----3---- -----3---- -----3----

ATTACHMENTS:

-----3 Revised Terms and Conditions -----3 Revised Sample Task Order -----3 Q Q&As #s 184-187-184-187----3------ The CONTRACT TYPE clause is adjusted

HSBP1012R0020 A0007

CUT SHEET

REVISED TERMS AND CONDITIONS

TABLE OF CONTENTS

Table Of Contents

SECTION A SOLICITATION/CONTRACT FORM

SECTION B SUPPLIES OR SERVICES & PRICES OR COSTS

B.1 SCHEDULE OF SUPPLIES/SERVICES

B.2 CONTRACT TYPE (OCT 2008)

B.3 CONTRACT MINIMUM / MAXIMUM

SECTION C SPECIFICATIONS/SOW/SOO/ORD

C.1 SPECIFICATIONS, STATEMENT OF WORK, OR STATEMENT OF OBJECTIVES ATTACHED (MAR 2003).. 7

SECTION D PACKAGING & MARKING

D.1 PACKAGING, PACKING AND MARKING (MAR 2003)

SECTION E INSPECTION & ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

E.2 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

E.3 52.246-6 INSPECTION – TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

SECTION F DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE (MAR 2003)

F.2 TERM OF CONTRACT WITH OPTION(S) (MAR 2003)

SECTION G CONTRACT ADMINISTATION DATA

G.1 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

G.2 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

G.3 SUBMISSION OF INVOICES (FEB 2012)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

H.2 RESERVED

H.3 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (JUL 2010)

H.4 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (SEP 2011)

H.5 ORDERING PROCEDURES - SERVICES (OCT 2007)

H.6 ORDERING OF AS NEEDED SERVICES (MAR 2003)

H.7 DISCLOSURE OF INFORMATION (MAR 2003)

H.8 NON-PERSONAL SERVICE (MAR 2003)

H.9 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (OCT 2007)

H.10 TRAVEL COSTS (AUG 2008)

H.11 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

SECTION I CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 52.202-1 DEFINITIONS (JAN 2012)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010).19

I.9 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

I.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 19

I.11 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

I.12 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.13 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2010) 19

I.14 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

I.15 52.215-2 AUDIT AND RECORDS-NEGOTIATION (OCT 2010)

I.16 52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)

I.17 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS—COMMERCIAL ITEM

ACQUISITION (FEB 2007)

I.18 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS

(JAN 2011)

I.19 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

I.20 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011) ALTERNATE II (OCT 2001) bidjofc Typewritten Text bidjofc Typewritten Text bidjofc Typewritten Text bidjofc Typewritten Text bidjofc Typewritten Text

I.21 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999)

I.22 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

I.23 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.24 52.222-3 CONVICT LABOR (JUN 2003)

I.25 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.26 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I.27 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)

I.28 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

I.29 52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

I.30 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

I.31 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

I.32 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)

I.33 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I.34 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

I.35 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

I.36 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.37 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

I.38 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS(MAY 2008)

I.39 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) 20

I.40 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.41 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.42 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) 20

I.43 52.227-3 PATENT INDEMNITY (APR 1984)

I.44 52.228-5 INSURANCE-WORKON A GOVERNMENT INSTALLATION (JAN 1997)

I.45 52.228-11 PLEDGES OF ASSETS (SEP 2009)

I.46 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

I.47 52.232-1 PAYMENTS (APR 1984)

I.48 52.232-4 PAYMENTS UNDER TRANSPORTATION CONTRACTS AND TRANSPORTATION-RELATED

SERVICES CONTRACTS (APR 1984)

I.49 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I.50 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

I.51 52.232-11 EXTRAS (APR 1984)

I.52 52.232-17 INTEREST (OCT 2010)

I.53 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I.54 52.232-25 PROMPT PAYMENT (OCT 2008)

I.55 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION

(OCT 2003)

I.56 52.233-1 DISPUTES (JUL 2002) ALTERNATE I (DEC 1991)

I.57 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.58 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.59 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

I.60 52.242-13 BANKRUPTCY (JUL 1995)

I.61 52.243-1 CHANGES - FIXED-PRICE (AUG 1987) ALTERNATE IV (APR 1984)

I.62 52.243-3 CHANGES – TIME-AND-MATERIALS OR LABOR-HOURS (SEP 2000)

I.63 52.244-2 SUBCONTRACTS (OCT 2010)

I.64 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

I.65 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

I.66 52.247-5 FAMILIARIZATION WITH CONDITIONS (APR 1984)

I.67 52.247-6 FINANCIAL STATEMENT (APR 1984)

I.68 52.247-17 CHARGES (APR 1984)

I.69 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE (APR 1984)

I.70 52.247-27 CONTRACT NOT AFFECTED BY ORAL AGREEMENT (APR 1984)

I.71 52.247-28 CONTRACTOR'S INVOICES (APR 1984)

I.72 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM)

(APR 1984)

I.73 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) I.74 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) ALTERNATE I (APR 1984)

I.75 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.76 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

I.77 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(JAN 2011)

I.78 52.216-18 ORDERING (OCT 1995)

I.79 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.80 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.81 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.82 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.83 52.228-1 BID GUARANTEE (SEP 1996)

I.84 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

I.85 52.228-16 PERFORMANCE AND PAYMENT BONDS -- OTHER THAN CONSTRUCTION

I.86 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (FEB 2007)

I.87 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

I.88 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

I.89 3052.219-70 SMALL BUSINESS SUBCONTRACTING PLAN REPORTING (JUN 2006)

I.90 3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORK

(DEC 2003)

I.91 3052.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO A DHS FACILITY (DEC 2003)

I.92 3052.228-70 INSURANCE (DEC 2003)

I.93 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003)

SECTION J LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

SECTION K REPRESENTATIONS, CERTIFICATIONS, OTHER STATEMENTS OF OFFEROR

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2011)

K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

K.3 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--

CERTIFICATION (AUG 2009)

SECTION L INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

L.3 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

L.4 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

L.5 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

L.6 52.216-1 TYPE OF CONTRACT (APR 1984)

L.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.8 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)

L.9 3052.219-71 DHS MENTOR-PROTEGE PROGRAM (JUN 2006)

L.10 AGENCY LEVEL PROTEST NOTICE (APR 2003)

L.11 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2007)

L.12 GENERAL INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS (OCT 2008)

L.13 VIRTUAL READING ROOM

L.14 PRE-PROPOSAL CONFERENCE

L.15 SOLICITATION QUESTIONS

L.16 NOTICE OF REQUIRED BID GUARANTEE

L.17 NOTICE OF COST OR PRICING DATA

L.18 SUBMISSION OF OFFERS

SECTION M EVALUATION FACTORS FOR AWARD

M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

M.2 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M.3 GENERAL EVALUATION INFORMATION (OCT 2008)

M.4 EVALUATION CRITERIA (JUN 2007)

M.5 COST OR PRICE EVALUATION (MAR 2003)

M.6 BASIS OF AWARD (TRADE-OFF ANALYSIS) (JUN 2007)

M.7 RELATIVE IMPORTANCE OF EVALUATION FACTORS (JUN 2007)

SECTION A SOLICITATION/CONTRACT FORM

See Page 1 (SF 33)

SECTION B SUPPLIES OR SERVICES & PRICES OR COSTS

B.1 SCHEDULE OF SUPPLIES/SERVICES

See Attachment 1 of this solicitation

B.2 CONTRACT TYPE (OCT 2008)

The Government anticipates a single award of an IDIQ type contract with a hybrid of Fixed-Price CLINs (CLIN 1.0 and all equivalent option period CLINs and CLIN 6.0) and Time and-Material CLINs (CLINs 2.0, 3.0, 4.0, and 5.0 and all equivalent option period CLINs) with the majority of the requirement being Fixed-Price. Due to the uncertainty of the proposed labor mix for CLIN 2.0 (and all equivalent option period CLINs) a ceiling price will be established at the time of award and the contractor may exceed that price only at its own risk.

[End of Clause]

B.3 CONTRACT MINIMUM / MAXIMUM

The minimum contract amount is 12 operational weeks (per sector) plus all associated fuel costs.

The maximum contract amount is 286 operational weeks (per sector) plus all associated fuel costs and surge/flex hours.

SECTION C SPECIFICATIONS/SOW/SOO/ORD

C.1 SPECIFICATIONS, STATEMENT OF WORK, OR STATEMENT OF OBJECTIVES ATTACHED (MAR 2003)

The Performance Work Statement (PWS) (See Attachment 2 of this solicitation) which describes the work to be performed hereunder, although attached, is incorporated and made a part of this document with the same force and effect of "specifications" as described in the clause, Order of Precedence, FAR 52.215-8, incorporated by herein by reference.

SECTION D PACKAGING & MARKING

D.1 PACKAGING, PACKING AND MARKING (MAR 2003)

Material shall be packaged, packed and marked for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination.

Packages shall be clearly identified on the outer wrapping with the contract number and delivery /task order number, if applicable.

SECTION E INSPECTION & ACCEPTANCE

E.1 52.252-2 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/these address(es):

www.acquisition.gov

I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

E.2 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

E.3 52.246-6 INSPECTION – TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

SECTION F DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE (MAR 2003)

The period of performance of this contract shall be for a 12 month base period plus four (4) twelve (12) month option periods as follows:

Base Period- 29 November 2012 to 28 November 2013 Option Period One - 29 November 2013 to 28 November 2014 Option Period Two - 29 November 2014 to 28 November 2015 Option Period Three - 29 November 2015 to 28 November 2016 Option Period Four - 29 November 2016 to 28 November 2017 Option (6 month Extension)- 29 November 2017 to 28 May 2018

The above dates are subject to change at time of award.

The period of performance for any task order issued during any of the abovementioned ordering/effective periods shall be stated within such order.

F.2 TERM OF CONTRACT WITH OPTION(S) (MAR 2003)

The contract term shall be for a period of 12 months from the date of award, subject to the Government's option to extend the term of the contract in accordance with the clause entitled, "Option to Extend the Term of the Contract" FAR 52.217-9 contained herein.

SECTION G CONTRACT ADMINISTATION DATA

G.1 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

(a)The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical

Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the Contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b)The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

(End of Clause)

G.2 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract.

The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

G.3 SUBMISSION OF INVOICES (FEB 2012)

Copies of invoices (paper submissions) may be submitted to the following addresses OR as an alternative, to the email addresses cited below:

1. Payment Center:

DHS/U.S. Customs and Border Protection National Finance Center/Commercial Accounts P. O. Box 68908 Indianapolis, Indiana46268

OR as an alternative:

Email: cbpinvoices@dhs.gov

Note – Only for awards with payment terms less than net 30:

The Subject line for all Emailed invoices to the National Finance Center must include the text “Per CBP, Net [state # days] Invoice.”

2. Contracting Officer's Technical Representative (fill in at time of award):

Attention: TBD

OR as an alternative:

Email: TBD

3. Contracting Officer (or Contract Administrator):

Attention: SHAUN G. SAAD

1300 PENNSYLVANIA AVE, NW

NP STE 1310

WASHINGTON, DC20229

OR as an alternative:

Email: SHAUN.SAAD@DHS.GOV

To constitute a proper invoice, the invoice shall include all the items required by Federal Acquisition Regulation (FAR) 32.905.

TIME & MATERIALS INVOICE SUBMISSION REQUIREMENTS

In accordance with the Department of Homeland Security (DHS) and Defense Contract Audit Agency (DCAA) Memorandum of Understanding as revised on May 2, 2011, DCAA will now review all Cost Reimbursement and Time and Material/Labor Hour Contract interim vouchers as follows:

(1) all vouchers in excess of $1 million dollars; and

(2) all first vouchers under a DHS contract or delivery order.

Contractors are required to submit a copy of all interim vouchers (meeting the criteria above) to the cognizant DCAA Field Audit Office at the same time the original voucher is sent to the COTR/CO.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

H.2 RESERVED

H.3 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (JUL 2010)

a. Contractor Performance Evaluation

Interim and final performance evaluation reports will be prepared on this contract or order in accordance with FAR Subpart 42.15. A final performance evaluation report will be prepared at the time the work under this contract or order is completed. In addition to the final performance evaluation report, an interim performance evaluation report will be prepared annually to coincide with the anniversary date of the contract or order.

Interim and final performance evaluation reports will be provided to the contractor via the Contractor Performance Assessment Reporting System (CPARS) after completion of the evaluation. The CPARS Assessing Official Representatives (AORs) will provide input for interim and final contractor performance evaluations. The AORs may be Contracting Officer’s Technical Representatives (COTRs), project managers, and/or contract specialists. The CPARS Assessing Officials (AOs) are the contracting officers (CO) who will sign the evaluation report and forward it to the contractor representative via CPARS for comments.

The contractor representative is responsible for reviewing and commenting on proposed ratings and remarks for all evaluations forwarded by the AO. After review, the contractor representative will return the evaluation to the AO via

CPARS.

The contractor representative will be given a minimum of thirty (30) days to submit written comments or a rebuttal statement. Within seven (7) days of the comment period, the contractor representative may request a meeting with the AO to discuss the evaluation report. The AO may complete the evaluation without the contractor representative’s comments if none are provided within the thirty (30) day comment period. Any disagreement between the AO/CO and the contractor representative regarding the performance evaluation report will be referred to the CPARS Reviewing Officials (ROs). Once the RO completes the review, the evaluation is considered complete and the decision is final.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file and may be used in future award decisions.

b. Primary and Alternate Corporate Senior Contractor Representatives

The contractor must identify a primary and alternate Corporate Senior Contractor Representative for this contract and provide the full name, title, phone number, email address, and business address to the CO within 30 days after award.

c. Electronic access to contractor Performance Evaluations

The AO/CO will request CPARS user access for the contractor by forwarding the contractor’s primary and alternate representatives’ information to the CPARS Focal Point (FP).

The FP is responsible for CPARS access authorizations for Government and contractor personnel. The FP will set up the user accounts and will create system access to CPARS.

The CPARS application will send an automatic notification to users when CPARS access is granted. In addition, contractor representatives will receive an automated email from CPARS when an evaluation report has been completed.

H.4 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (SEP 2011)

1. Contractors requiring recurring access to Government facilities shall verify minimal fitness requirements for all persons/candidates designated for employment under any Department of Security (DHS) contract by pre-screening the person /candidate prior to submitting the name for consideration to work on the contract. Pre-screening the candidate ensures that minimum fitness requirements are considered and mitigates the burden of DHS having to conduct background investigations on objectionable candidates. The Contractor must perform a comprehensive pre-employment screening of all employees to include at a minimum, the following: psychological testing, honesty and integrity testing, employment verification, identity verification, criminal records checks, credit check, driver’s license check, pre-employment and random drug screening on all personnel performing under this contract. The Contractor shall submit only those candidates that have not had a felony conviction within the past 36 months or illegal drug use within the past 12 months from the date of submission of their name as a candidate to perform work under this contract. Contractors are required to flow this requirement down to subcontractors. Pre-screening involves contractors and subcontractors reviewing and documenting:

a. Felony convictions within the past 36 months. An acceptable means of obtaining information on felony convictions is from public records, free of charge, or from the National Crime Information Center (NCIC).

b. Illegal drug use within the past 12 months. An acceptable means of obtaining information related to drug use is through employee self certification, by public records check; or if the contractor or subcontractor already has drug testing in place. There is no requirement for contractors and/or subcontractors to initiate a drug testing program if they do not have one already in place.

c. Misconduct such as criminal activity on the job relating to fraud or theft within the past 12 months. An acceptable means of obtaining information related to misconduct is through employee self certification, by public records check, or other reference checks conducted in the normal course of business.

2. Pre-screening shall be conducted within 15 business days after contract award. This requirement shall be placed in all subcontracts if the subcontractor requires routine physical access to Government facilities.. Failure to comply with the pre-screening requirement will result in the Contracting Officer taking the appropriate remedy.

3. Successful background and/or other security investigation with no derogatory references or convictions will include a favorable suitability determination rendered by CBP Sector Security Officers; prospective employees must fully complete the SF-85P and SF-85PS along with an Authority to Release. Additionally, personnel are subjected to additional verification with the National Crime Information Center (NCIC), Treasury Enforcement Communication System (TECS), Citizenship and Immigration Services (CIS), and state databases for a suitability determination by CBP Sector Security Officers.

4. All background and/or suitability documentation must be maintained and made available upon request IAW the QASP.

H.5 ORDERING PROCEDURES - SERVICES (OCT 2007)

Any services to be performed under this contract shall be ordered by issuance of task orders. Such task orders may be issued at any time during the period of performance of this contract provided that any task order issued shall be completed within the period specified in the order.

Ordering of services under this contract shall be accomplished in one (1) of two (2) ways as follows:

(1) The Contracting Officer (CO) will issue a task order to the Contractor, using contractual rates, for a specific requirement under the contract without the request of a proposal from the Contractor. This may occur with respect to any CLIN. However, when an order is issued under the Surge/Flex CLIN or the MTRT CLIN the parties shall seek to definitize that task order as soon as practicable after the order is issued. As part of the definitization, all travel and fuel required in support of the Surge/Flex effort or MTRT effort will also be completed.

(2) The Contracting Officer (CO) will forward a task order request to the Contractor which will describe technical requirements for deliverable products, performance standards, acceptable criteria, performance schedules, etc. in sufficient detail to permit accurate estimation of cost, work, hours, etc.

Within ten (10) working days after receipt of the task order request, unless a different period is specified, the Contractor will submit a written proposal responding to the Government's requirement. The contractor's proposal shall contain, as a minimum, the following:

Task Requirements. A narrative description of the Contractor's understanding of the functions required to satisfy the requirements. The Contractor's proposal shall also state the purpose of the task order to ensure the Contractor's understanding of the requirement.

Proposal Solution. A narrative description of the Contractor's proposed solution -- plans for performance, technical approach, and any problems envisioned.

Assumptions. The proposal shall identify any assumptions on the Contractor's part used in developing the proposal and costs.

Milestones and Deliverables. Definition of milestones, deliverables, and schedule for them. Include a statement of the Contractor's understanding of acceptance criteria.

Staffing Schedule. A staffing schedule by individual Contractor skill level employee.

Resumes of personnel. If required. Resumes need not be provided unless personnel are proposed whose resumes have not been previously furnished to the Government.

After the Contracting Officer's Technical Representative (COTR) has completed an evaluation of the Contractor's proposal, the CO may conduct discussions with the Contractor to resolve any outstanding issues. Following any required discussions with the Contractor, the CO will issue a written task order incorporating the Contractor's technical and cost proposal as accepted. All task orders issued under this contract shall conform to the provisions of the contract clauses FAR 52.216-18 "Ordering," and FAR 52.216-9, “Order Limitation,” contained in the contract.

The only office(s) authorized to issue task orders under this contract are:

U.S. Customs and Border Protection Office of Administration Procurement Directorate

Oral orders under this contract are not authorized.

H.6 ORDERING OF AS NEEDED SERVICES (MAR 2003)

The following procedures are established for the ordering of all as-needed requirements under the Surge/Flex CLIN and the MTRT CLIN as identified in the Schedule. The Travel and Fuel CLINs will be ordered, as needed, to support these requirements.

The Contracting Officer's Technical Representative (COTR) shall prepare a request for services. The Contracting Officer (CO) will then request a written quotation from the Contractor as to the number of hours and/or amount of materials required to accomplish the work. The CO will evaluate the proposal to determine the reasonableness of the Contractor's quotation. The CO shall then provide the Contractor with a written authorization (or oral authorization that must be confirmed in writing) identifying, at a minimum, the following: the contract number; a description of the work to be performed; an estimate of the number of hours and/or material(s) required to perform the work; and the period of performance.

In some instances, a written quotation from the Contractor may not always be requested before a written authorization or task order is issued. If a task order or written authorization is issued directly to the Contractor for tasks under CLIN 2.0 without the request of a quotation from the Contractor, the parties shall seek to definitize that task order as soon as practicable after the order is issued.

The Contractor shall be paid for documented actual hours worked and/or material(s) or the amount authorized in the written authorization, whichever is less, upon submission of billing documents pursuant to FAR 52.232-7 Payments Under Time-And-Material and Labor-Hour Contracts. If the Contractor determines that additional hours and/or material(s) are required in excess of those authorized in writing, the Contractor shall notify the Contracting Officer and obtain written approval prior to working those additional hours.

H.7 DISCLOSURE OF INFORMATION (MAR 2003)

A. General

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract.

B. Technical Data Rights

The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause for additional information.

C. Privacy Act

In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees.

H.8 NON-PERSONAL SERVICE (MAR 2003)

1. The Government and the contractor agree and understand the services to be performed under this contract are non-personal in nature. The Contractor shall not perform any inherently Governmental functions under this contract as described in Office of Federal Procurement Policy Letter 92-1

2. The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor.

3. The parties also recognize and agree that no employer-employee relationship exists or will exist between the

Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees. Contractor personnel under this contract shall not:

(a) Be placed in a position where there is an appearance that they are employed by the Government or are under the supervision, direction, or evaluation of any Government employee. All individual employee assignments any daily work direction shall be given by the applicable employee supervisor.

(b) Hold him or herself out to be a Government employee, agent or representative or 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 such and specify the name of the company of which they work.

(c) Be placed in a position of command, supervision, administration or control over Government personnel or personnel of other Government contractors, or become a part of the government organization. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to change the contract in any way. If the other Contractor believes this communication to be direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

4. If the Contractor believes any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action.

5. Rules, regulations directives and requirements which are issued by U.S. Customs & Border Protection under their responsibility for good order, administration and security are applicable to all personnel who enter U.S. Customs & Border Protection installations or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

H.9 ADDITIONAL CONTRACTOR PERSONNEL REQUIREMENTS (OCT 2007)

The Contractor will ensure that its employees will identify themselves as employees of their respective company while working on U.S. Customs & Border Protection (CBP) contracts. For example, contractor personnel shall introduce themselves and sign attendance logs as employees of their respective companies, not as CBP employees.

The contractor will ensure that their personnel use the following format signature on all official e-mails generated by CBP computers:

[Name] (Contractor) [Position or Professional Title] [Company Name] Supporting the XXX Division/Office...

U.S. Customs & Border Protection [Phone]

[FAX]

[Other contact information as desired]

H.10 TRAVEL COSTS (AUG 2008)

Costs for transportation, lodging, meals, and incidental expenses shall be reimbursed in accordance with Federal Acquisition Regulation (FAR) Subsection 31.205-46 and acceptable accounting procedures.

If it becomes necessary for the contractor to use the higher actual expense method repetitively or on a continuing basis in a particular area (see FAR 31.205-46(3)(iii)), the contractor must obtain advance approval from the contracting officer and comply with all requirements for justifications and documentation set forth in FAR Subsection 31.205-46 for allowability of travel costs.

As provided in FAR 31.205-46(a)(5), the Contracting Officer may consider an advance agreement (see FAR 31.109) with the contractor to avoid confusion in the treatment of costs anticipated to be incurred in unusual or special travel situations.

The advance agreement shall be incorporated in the contract.

H.11 3052.215-70 KEY PERSONNEL OR FACILITIES (DEC 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting

Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract:

Program Manager (1)

Sector Managers (9)

SECTION I CONTRACT CLAUSES

I.1 52.252-2 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/these address(es):

www.acquisition.gov

I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

I.2 52.202-1 DEFINITIONS (JAN 2012)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (JAN 1997)

I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I.9 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

I.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

I.11 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

I.12 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.13 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUL 2010)

I.14 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)

I.15 52.215-2 AUDIT AND RECORDS-NEGOTIATION (OCT 2010)

I.16 52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)

I.17 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS—COMMERCIAL ITEM

ACQUISITION (FEB 2007)

I.18 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS

(JAN 2011)

I.19 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

I.20 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011) ALTERNATE II (OCT 2001)

I.21 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999)

I.22 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

I.23 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.24 52.222-3 CONVICT LABOR (JUN 2003)

I.25 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.26 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I.27 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)

I.28 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

I.29 52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

I.30 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC

2010)

I.31 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

I.32 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)

I.33 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I.34 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

I.35 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

I.36 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.37 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

I.38 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION

CONTRACTS(MAY 2008)

I.39 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

I.40 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.41 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.42 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

I.43 52.227-3 PATENT INDEMNITY (APR 1984)

I.44 52.228-5 INSURANCE-WORKON A GOVERNMENT INSTALLATION (JAN 1997)

I.45 52.228-11 PLEDGES OF ASSETS (SEP 2009)

I.46 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

I.47 52.232-1 PAYMENTS (APR 1984)

I.48 52.232-4 PAYMENTS UNDER TRANSPORTATION CONTRACTS AND TRANSPORTATION-RELATED

SERVICES CONTRACTS (APR 1984)

I.49 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I.50 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

I.51 52.232-11 EXTRAS (APR 1984)

I.52 52.232-17 INTEREST (OCT 2010)

I.53 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I.54 52.232-25 PROMPT PAYMENT (OCT 2008)

I.55 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION (OCT

2003)

I.56 52.233-1 DISPUTES (JUL 2002) ALTERNATE I (DEC 1991)

I.57 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.58 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.59 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

I.60 52.242-13 BANKRUPTCY (JUL 1995)

I.61 52.243-1 CHANGES - FIXED-PRICE (AUG 1987) ALTERNATE IV (APR 1984)

I.62 52.243-3 CHANGES – TIME-AND-MATERIALS OR LABOR-HOURS (SEP 2000)

I.63 52.244-2 SUBCONTRACTS (OCT 2010)

I.64 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

I.65 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

I.66 52.247-5 FAMILIARIZATION WITH CONDITIONS (APR 1984)

I.67 52.247-6 FINANCIAL STATEMENT (APR 1984)

I.68 52.247-17 CHARGES (APR 1984)

I.69 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE (APR 1984)

I.70 52.247-27 CONTRACT NOT AFFECTED BY ORAL AGREEMENT (APR 1984)

I.71 52.247-28 CONTRACTOR'S INVOICES (APR 1984)

I.72 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR

1984)

I.73 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004)

I.74 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) ALTERNATE I (APR 1984)

I.75 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.76 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster Link:

http://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg

DHS OIG Hotline Page:

http://www.oig.dhs.gov/index.php?option=com_content&view=article&id=51&Itemid=133

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

I.77 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS

(JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System

(FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of

Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

I.78 52.216-18 ORDERING (OCT 1995)

(a) 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 the date of contract award until the expiration date of the base period or any option period (if exercised).

(b) 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.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.79 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 4 operational weeks (per sector) [Mission Support Base CLINs], or 336 T&M hours [Surge/Flex CLINs], or $8,000.00 [MTRT CLINs], or $25,000.00 [Travel CLINs], or $280,000.00 [Fuel CLINs], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 52 operational weeks (per sector) (CLIN 1.0) or 80,000 T&M hours (CLIN 2.0);

(2) Any order for a combination of items in excess of 52 operational weeks (per sector) and 80,000 T&M hours; or

(3) 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.

(c) 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.

(d) 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 business 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.

I.80 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) 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.

(b) 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."

(c) 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.

(d) 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 May 28, 2018.

I.81 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 within 30 days of the effective period's expiration date.

I.82 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 within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires.