RFP_HSCEDM-17-R-00002.pdf

HSCEDM-17-R-00002

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 125

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

X

ICE/DCR

ICE/Detention Compliance & Removals Immigration and Customs Enforcement Office of Acquisition Management 801 I Street, NW Suite 930

WASHINGTON DC 20536

1100 ES 10/28/2016

Pamela Rodgers 202 pamela.a.rodgers@ice.dhs.

gov732-2395

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PAGE(S)

William Quigley

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-8 9-11

14-16 17-20 21-26 27-36

37-76

78-100

101-119

120-125

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 125

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

HSCEDM-17-R-00002

(A) (B) (C) (D) (E) (F)

Transportation Services for San Antonio, Texas

Field Office

The North American Industry Classification System

(NAICS) code for this requirement is 561612 -

Security Guards and Patrol Services.

This requirement is for the provision, operation and management of the transportation and protection of detainees for the U.S. Immigration and Customs Enforcement (ICE) San Antonio (SNA)

Field Office.

Attachments:

Attachment 1 - SNA Summary of Preliminary

Analysis v2

Attachment 2 - SNA Ground Movements June 2015 v2

Attachment 3 - Ground Transportation Movement

Dataset June 2015

Attachment 4 - Performance Work Statement (PWS)

Attachment 5 - SNA Texas Counties - ERO

Attachment 6 - SNA Address List

Attachment 7 - Quality Assurance Surveillance Plan

Attachment 8 - Transportation Service Request

G-391

Attachment 9 - Department of Labor Service

Contract Act Wage Determination and Collective

Bargaining Agreement (CBA)

Attachment 9a - Memo to Collective Bargaining

Agreement

Attachment 10 - Past Performance Questionnaire

Attachment 11 - PWS Hold Harmless Agreement

Attachment 12 - Subcontracting Plan Model

Section B Supplement - Pricing Spreadsheets

FOB: Destination

Period of Performance: 01/31/2017 to 01/30/2022

0001 60 Day Transition Period using Contractor Owned 1 LO

Vehicles

Product/Service Code: s206

0002 60 Day Transition Period with Government Vehicles 1 LO

Product/Service Code: s206

0003 Transportation Services using Contractor Owned 10500000 DH

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FAR (48 CFR) 53.110

NSN 7540-01-152-8067

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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(A) (B) (C) (D) (E) (F)

Vehicles

0004 Stationary or Escort Guard Services 11400 HR

0005 Sack Lunches 75000 EA

0006 Transportation Services using Government 10500000 DH

Vehicles

1001 OPTION YEAR 1 - Transportation Services using 3500000 DH

Contractor Owned Vehicles

(Option Line Item)

01/31/2020

Product/Service Code: s206

1002 OPTION YEAR 1 - Stationary or Escort Guard 3800 HR

Services

(Option Line Item)

01/31/2020

Product/Service Code: s206

1003 OPTION YEAR 1 - Sack Lunches 25000 EA

(Option Line Item)

01/31/2020

Product/Service Code: s206

1004 OPTION YEAR 1 - Transportation Services using 3500000 DH

Government Vehicles

(Option Line Item)

01/31/2020

2001 OPTION YEAR 2 - Transportation Services using 3500000 DH

Contractor Owned Vehicles

(Option Line Item)

01/31/2021

Product/Service Code: s206

2002 OPTION YEAR 2 - Stationary or Escort Guard 3800 HR

Services

(Option Line Item)

01/31/2021

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(A) (B) (C) (D) (E) (F)

Product/Service Code: s206

2003 OPTION YEAR 2 - Sack Lunches 25000 EA

(Option Line Item)

01/31/2021

Product/Service Code: s206

2004 OPTION YEAR 2 - Transportation Services using 3500000 DH

Government Vehicles

(Option Line Item)

01/31/2021

Invoice Instructions:

ICE – ERO Contracts

Service Providers/Contractors shall use these procedures when submitting an invoice.

1. Invoice Submission: Invoices shall be submitted in a “.pdf” format in accordance with the contract terms and conditions on a monthly basis via email, United States Postal Service

(USPS) or facsimile as follows:

a) Email:

• Invoice.Consolidation@ice.dhs.gov

• Contracting Officer Representative (COR) or Government Point of Contact (GPOC)

• Contract Specialist/Contracting Officer

Each email shall contain only (1) invoice and the invoice number shall be indicated on the subject line of the email.

b) USPS:

DHS, ICE

Financial Operations - Burlington

P.O. Box 1620

Williston, VT 05495-1620

ATTN: ICE/ERO/FOD/FAO

The Contractors Data Universal Numbering System

(DUNS) Number must be registered and active in the System for Award Management (SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met. The ICE program office identified in the task

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(A) (B) (C) (D) (E) (F) order/contract shall also be notated on every invoice.

c) Facsimile:

Alternative Invoices shall be submitted to:

(802)-288-7658

Submissions by facsimile shall include a cover sheet, point of contact and the number of total pages.

Note: the Service Providers or Contractors Dunn and Bradstreet (D&B) DUNS Number must be registered in the System for Award Management

(SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met. The ICE program office identified in the task order/contract shall also be notated on every invoice.

2. Content of Invoices: Each invoice shall contain the following information in accordance with 52.212-4 (g), as applicable:

(i). Name and address of the Service

Provider/Contractor. Note: the name, address and

DUNS number on the invoice MUST match the information in both the Contract/Agreement and the information in the SAM. If payment is remitted to another entity, the name, address and

DUNS information of that entity must also be provided which will require Government verification before payment can be processed;

(ii). Dunn and Bradstreet (D&B) DUNS Number;

(iii). Invoice date and invoice number;

(iv). Agreement/Contract number, contract line item number and, if applicable, the order number;

(v). Description, quantity, unit of measure, unit price, extended price and period of performance of the items or services delivered;

(vi). If applicable, shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vii). Terms of any discount for prompt payment offered;

(viii). Remit to Address;

(ix). Name, title, and phone number of person to resolve invoicing issues;

(x). ICE program office designated on

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(A) (B) (C) (D) (E) (F) order/contract/agreement and

(xi). Mark invoice as “Interim” (Ongoing performance and additional billing expected) and

“Final” (performance complete and no additional billing)

(xii). Electronic Funds Transfer (EFT) banking information in accordance with 52.232-33 Payment by Electronic Funds Transfer – System for Award

Management or 52-232-34, Payment by Electronic

Funds Transfer – Other than System for Award

Management.

3. Invoice Supporting Documentation. To ensure payment, the vendor must submit supporting documentation which provides substantiation for the invoiced costs to the Contracting Officer

Representative (COR) or Point of Contact (POC) identified in the contract. Invoice charges must align with the contract CLINs. Supporting documentation is required when guaranteed minimums are exceeded and when allowable costs are incurred. Details are as follows:

(i). Guaranteed Minimums. If a guaranteed minimum is not exceeded on a CLIN(s) for the invoice period, no supporting documentation is required.

When a guaranteed minimum is exceeded on a CLIN

(s) for the invoice period, the Contractor is required to submit invoice supporting documentation for all detention services provided during the invoice period which provides the information described below:

a. Detention Bed Space Services

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

(ii). Allowable Incurred Cost. Fixed Unit Price

Items (items for allowable incurred costs, such as transportation services, stationary guard or escort services, transportation mileage or other

Minor Charges such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the costs and/or reflecting the established price in the contract and shall be submitted in .pdf format:

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(A) (B) (C) (D) (E) (F)

a. Detention Bed Space Services. For detention bed space CLINs without a GM, the supporting documentation must include:

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

b. Transportation Services: For transportation CLINs without a GM, the supporting documentation must include:

• Mileage rate being applied for that invoice;

• Number of miles;

• Transportation routes provided;

• Locations serviced;

• Names of detainees transported;

• Itemized listing of all other charges; and,

• for reimbursable expenses (e.g. travel expenses, special meals, etc.) copies of all receipts.

c. Stationary Guard Services: The itemized monthly invoice shall state:

• The location where the guard services were provided,

• The employee guard names and number of hours being billed,

• The employee guard names and duration of the billing (times and dates), and

• (4) for individual or detainee group escort services only, the name of the detainee(s) that was/were escorted.

d. Other Direct Charges (e.g. VTC support, transportation meals/sack lunches, volunteer detainee wages, etc.):

1) The invoice shall include appropriate supporting documentation for any direct charge billed for reimbursement. For charges for detainee support items (e.g. meals, wages, etc.), the supporting documentation should include the name of the detainee(s) supported and the date(s) and amount(s) of support.

(iii) Firm Fixed-Price CLINs. Supporting

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(A) (B) (C) (D) (E) (F) documentation is not required for charges for FFP

CLINs.

4. Safeguarding Information: As a contractor or vendor conducting business with Immigration and

Customs Enforcement (ICE), you are required to comply with DHS Policy regarding the safeguarding of Sensitive Personally Identifiable Information

(PII). Sensitive PII is information that identifies an individual, including an alien, and could result in harm, embarrassment, inconvenience or unfairness. Examples of

Sensitive PII include information such as:

Social Security Numbers, Alien Registration

Numbers (A-Numbers), or combinations of information such as the individuals name or other unique identifier and full date of birth, citizenship, or immigration status.

As part of your obligation to safeguard information, the follow precautions are required:

(i) Email supporting documents containing Sensitive PII in an encrypted attachment with password sent separately to the Contracting

Officer Representative assigned to the contract.

(ii) Never leave paper documents containing Sensitive PII unattended and unsecure. When not in use, these documents will be locked in drawers, cabinets, desks, etc. so the information is not accessible to those without a need to know.

(iii) Use shredders when discarding paper documents containing Sensitive PII.

(iv) Refer to the DHS Handbook for Safeguarding Sensitive Personally Identifiable Information

(March 2012) found at http://www.dhs.gov/xlibrary/assets/privacy/dhs-pri vacy-safeguardingsensitivepiihandbook-march2012.pd f for more information on and/or examples of

Sensitive PII.

5. Invoice Inquiries. If you have questions regarding payment, please contact ICE Financial

Operations at 1-877-491-6521 or by e-mail at

OCFO.CustomerService@ice.dhs.gov.

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RFP HSCEDM-17-R-00002 SNA Solicitation DHS / ICE / ERO Transportation Services

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BACKGROUND

ICE is responsible for the detention, health, welfare, transportation and deportation of immigrants in removal proceedings and immigrants subject to final order of removal. The purpose of this contract is to provide detention/transportation services for the San Antonio Field Office. This work involves the management, transportation, and the escort of immigrants in a secure manner.

B.2 GENERAL

The San Antonio Transportation Services Acquisition will result in a Firm Fixed Price Indefinite Delivery, Requirements contract for the provision, operation and management of the transportation and protection of detainees for the U.S. Immigration and Customs Enforcement (ICE) San Antonio (SNA) Field Office mission, as described in Section C – Description / Specifications. The resulting contract will be labeled as the SNA Contract.

An Indefinite Delivery, Requirements contract provides for filling all actual requirements of designated Government agencies during the contract period of performance. The Government, in good faith, will provide the Contractor an express assurance that all estimated services within scope will be fulfilled under the SNA contract during the specified period of performance.

B.3 BASE AND OPTIONS PERIOD

The term of the SNA Indefinite Delivery, Requirements Contract is a three-year base period, two one-year option periods, and the six-month option to extend service. Task Orders (TOs) may be issued at any time during the base or option periods. For the option periods, the contract shall be renewable as provided in FAR Clause 52.217-9, Option to Extend the Term of the Contract, incorporated by reference in Section F. The period of performance of any Task Order issued under the contract shall not exceed twelve months after the expiration of the last option period of the contract in accordance with FAR Clause 52.216-21 (OCT 1995), Requirements, incorporated in Section I.

B.4 CONTRACT ESTIMATED QUANTITIES AND MAXIMUM

(a) Estimated Quantities:

• Transportation Services - For informational purposes only, the Government has provided the Contractor with an FY2015 SNA Preliminary Data Analysis, (Attachment 1). Also provided for informational purposes are the SNA Ground Movements for June 2015, (Attachment 2), and the SNA Ground Transportation Movement Dataset for June 2015, (Attachment 3).

• Stationary or Escort Guard Services – Estimated quantity for stationary or escort guard services is approximately 3,800 hours per year.

• Sack Lunches - Estimated quantity for sack lunches is approximately 25,000 EA per year.

(b) Maximum: The maximum limit of the contractor’s obligation to deliver and the Government’s obligation to order under this contract is $165,000,000. The Government is under no obligation to order the stated maximum.

(c) The specific quantities for each CLIN will be identified on each Task Order issued under the contract.

B.5 CONTRACT PRICING

All Task Orders issued under this contract will be FFP, and the quantity of each item or labor category ordered will be multiplied against the Unit Price listed in this schedule; and the cumulative extended total of all items ordered will define the firm-fixed price for the TO. Any travel, if applicable, will not be covered under this contract.

B.6 LABOR SUBJECT TO THE SERVICE CONTRACT ACT (SCA)

The purpose of all task orders under this contract will be to furnish services in the United States through the use of service employees, and therefore, is subject to the SCA, in accordance with FAR Subpart 22.10, Service Contract Labor Standards.

B.7 MATERIALS AND EQUIPMENT

Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item.

Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance.

After contract award, any material and equipment costs not factored into the proposed prices, and not requested by the Government at any time, will not be covered under this contract.

B.8 CONTRACT LINE ITEM NUMBER (CLIN) FRAMEWORK TABLE

Table 1 Contract Line Item Number

(CLIN) and SubCLIN

Description of Work QTY Unit of Measure Unit Price Amount

Base Period Period of Performance: March XX 2017 – March XX 2020

0001 60 Day Transition Period 1 Lot

0002 60 Day Transition Period with Government Vehicles 1 Lot

0003 TRANSPORTATION SERVICES

10,500,000 Mile

0004 Stationary or Escort Guard Services 11,400 Hour

0005 Sack Lunches

75,000 EA

0006 Transportation Services Using Government Vehicles 10,500,000 Mile

Base Period Total Price

Option Year One Period of Performance: March XX 2020 – March XX 2021

1001 TRANSPORTATION SERVICES 3,500,000 Mile

1002 Stationary or Escort Guard Services 3,800 Hour

1003 Sack Lunches 25,000 EA

1004 Transportation Services Using Government Vehicles 3,500,00 Mile

Option Year One Total Price

Option Year Two Period of Performance: March XX 2021 – March XX 2022

2001 TRANSPORTATION SERVICES 3,500,000 Mile

2002 Stationary or Escort Guard Services 3,800 Hour

2003 Sack Lunches 25,000 EA

2004 Transportation Services Using Government Vehicles 3,500,00 Mile

Option Year Two Total Price

Table 2

Base Period Contractor to propose in Completed Section B Supplement – Pricing

Spreadsheets.

OY1 Total OY2 Total

Total Estimated Contract Price *Please review Section L.5.6.4, Volume 6: Price Proposal Content, and corresponding, Section B Supplement – Pricing Spreadsheets, for pricing proposal instructions.*

* The estimated total number of hours provided are not contractual commitments and are not intended to represent actual expected experience of any given contractor. The estimated quantities were chosen based on actual experience and this is determinative of the price evaluation. There is no intent on the part of the Government to obligate fiscal year funds in the amount of such annual prices.

(END OF SECTION B)

SECTION C – PERFORMANCE WORK STATEMENT

(See HSCEDM-17-R-00002 Attachment 4 - PWS)

(Remainder of page intentionally left blank)

SECTION D – PACKAGING AND MARKING

D.1 PACKING, PACKAGING, MARKING AND STORAGE OF EQUIPMENT

Unless otherwise specified, all items to be delivered under this 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.

All initial packing, marking and storage incidental to shipping of equipment to be provided under this contract shall be at the Contractor’s expense. The Contractor shall supervise the packing of all acquired equipment furnished by the Contractor.

D.2 EQUIPMENT REMOVAL

All Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the Contractor, at the Contractor’s expense, within thirty (30) calendar days after contract expiration, or as mutually agreed by the Government and the Contractor. Exceptions to this requirement shall be mutually agreed upon and written notice issued by the CO.

(END OF SECTION D)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of Clause)

E.2 INSPECTION AND ACCEPTANCE

(a) Inspection and acceptance of all work and services performed under each TO will be in accordance with the FAR clauses incorporated at Section E, Clauses Incorporated by Reference, as applicable.

(b) Final acceptance of all deliverables and or services performed as specified under each task order will be made in writing, at destination by the COR.

E.3 SCOPE OF INSPECTION

(a) All deliverables will be inspected for content, completeness, accuracy, and conformance to contract requirements by the COR. The scope and nature of inspections will be sufficiently comprehensive, to ensure the completeness, quality and adequacy of all deliverables.

(b) The Government requires a period not to exceed thirty (30) calendar days after receipt of final deliverable items for inspection and acceptance or rejection unless otherwise specified in the TO. For periods exceeding thirty (30) days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).

E.4 BASIS OF ACCEPTANCE

(a) The basis for acceptance shall be in compliance with the requirements set forth in the PWS, the TO, the Contractor's proposal, and other terms and conditions of this contract. Deliverable items rejected under this contract shall be corrected in accordance with the applicable clauses.

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.

E.5 REVIEW OF DELIVERABLES

(a) The Government will provide written acceptance, comments and/or change requests, if any, within fifteen (15) business days from receipt by the Government of the initial deliverable. For periods exceeding fifteen (15) days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).

(b) Upon receipt of the Government comments, the Contractor shall have fifteen (15) business days to incorporate the Government's comments and/or change requests and to resubmit the deliverable in its final form.

(c) If written acceptance, comments and/or change requests are not issued by the Government within thirty (30) calendar days of submission, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s).

E.6 WRITTEN ACCEPTANCE / REJECTION BY THE GOVERNMENT

The Government shall provide written notification of acceptance or rejection of all final deliverables within thirty (30) calendar days. Absent written notification, for periods exceeding thirty (30) days, it is the responsibility of the contractor to confirm receipt and acceptance of the deliverable(s). All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

(END OF SECTION E)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at the following internet address:

http://www.acquisition.gov/far/

Table 3

FAR CLAUSE NO. TITLE AND DATE

52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991)

F.2 TERM OF THE CONTRACT

The term of this Indefinite Delivery, Requirements Contract is a three (3) year base period, two

(2) one-year option periods and the six (6) month option to extend service. This is not a multi-year contract as defined in FAR Part 17.1, Multiyear Contracting.

F.3 TASK ORDERS PERFORMANCE PERIOD AND PRICING

TOs may be issued at any time during the base and/or option periods. The performance period will be specified in the TO and may include option periods which extend the TO up to twelve

(12) months beyond the expiration date of this contract. TOs shall be priced using the rates provided in B.8 CONTRACT LINE ITEM NUMBER (CLIN) FRAMEWORK TABLE, that will be applicable to the TO’s anticipated period of performance.

F.4 OPTION TO EXTEND THE TERM OF THE CONTRACT

(FAR 52.217-9)(MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time within the term of the contract, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. 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 seventy - eight (78) months.

F.5 OPTION TO EXTEND SERVICES

(FAR 52.217-8) (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 six (6) months. The CO may exercise the option by written notice to the Contractor within thirty (30) days of expiration.

(End of clause)

F.5 PLACE OF PERFORMANCE

The place of performance shall be primarily, but not limited to, locations within the San Antonio Field Office Area of Responsibility (Attachment 5 – Texas Counties – Enforcement and Removal Operations, (ERO), and Attachment 6 – San Antonio Field Office, (SNA) Ground Transportation Address List Common Routes to Date). On an as needed basis, Transportation services will be required to locations outside the San Antonio Field Office Area of Responsibility (AOR) and in some cases to locations in bordering states.

F.6 NOTICE OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule, or as soon as the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR in writing. This notification shall give pertinent details and this data shall be informational only in character; this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.7 DELIVERABLES

(a) For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M.

Eastern Standard Time, at destination, Monday through Friday, unless stated.

(b) 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.

(c) Each deliverable shall be accompanied by a cover letter from the Contractor on Company letterhead. Multiple deliverables may be delivered with a single cover letter describing the contents of the complete package.

(d) In the event the Contractor anticipates difficulty in complying with any delivery schedule, the Contractor shall immediately provide written notice to the CO and COR. Each notification shall give pertinent details, including the date by which the Contractor expects to make delivery;

provided that this data shall be informational only in character and that receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

(e) In the event that a Contractor is non-compliant in submission of deliverables, the Government will reflect the non-compliance in any requested Contractor’s past performance report, and may also result in a Contractor Deficiency Report on behalf of the Contracting Officer.

(f) Table 4 lists deliverables due as specified in the Deliverable Table. The format and content of all deliverables are subject to Government approval.

Table 4 Contract Deliverable Requirements List (CDRL) Deliverable Description

PWS/Solicitation Reference

Initial Due Date Frequency of Updates

Summons Log Attachment 4 - PWS Section 1.7.1.2

N/A As requested by the

COR

Schedule/Dispatch/Tracking and Reporting System

Solicitation Section L.5 Proposal Preparation Instructions, and Attachment 4 - PWS Section 1.7.1.3

Description due with Proposal.

Operational Capability Demonstration (OCD) required during Oral Presentations and Required at the start of the performance period, and must be available throughout the life of the contract.

Minor and/or In Scope Changes may be required based on system performance.

Form G-391, Government Transportation Service Request

Attachment 4 - PWS Section 1.7 Solicitation Attachment 8 – G-

N/A Electronically submitted by the Government to the Contractor and Contractor then submits the completed form back to ICE/ERO at conclusion of each trip.

Form I-216, Record of Persons and Property Transferred

Attachment 4 – PWS Section 1.12

N/A Monthly

Vehicle Insurance RFP Section H.8, RFP Section I – FAR 52.228-10, and Attachment 4 – PWS Section 1.21

Prior to Start of Performance

As requested by the

COR

Property Damage, and Other Liability Information

RFP Section I, FAR 52.228-8 , and Attachment 11 – PWS Hold Harmless Agreement

Before the use of Government any vehicles.

As requested by the

COR

Monthly Status Report Attachment 4 - PWS Section 2.3

30 Days After Award Monthly

Training Documentation Attachment 4 - PWS Section 4.8

N/A As requested by the

COR

Firearms Training Documentation

Attachment 4 - PWS Section 4.9

Prior to Start of Performance

New Hires-15 days prior to Entry on Duty

Injury/Illness Reports Attachment 4 - PWS Section 6.2

30 Days After Award

Monthly

Transition Out Plan PWS Section 2.4 30 Calendar days from ICE Request

N/A

(END OF SECTION F)

SECTION 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 TOs.

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.2.1 Government Personnel

Contracting Officer’s Representative (COR)

The COR within the Enforcement and Removal Office, (ERO), is responsible for the receipt and acceptance of the contract-level deliverables and reports and past performance reporting for the SNA Transportation Task Orders. The COR supports the CO in the general management of the acquisition. The COR for SNA Transportation is:

Name: To Be Named at Contract Award Address:

Email:

Telephone Number:

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

The COR will represent the CO in the administration of technical details within the scope of the task order. The COR is also responsible for the final inspection and acceptance of all task order deliverables and reports. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the Government. The COR does not have authority to alter the Contractor’s obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify task order obligations or the specification, changes will be issued in writing and signed by the CO.

Contracting Officer (CO)

The ICE Office of Acquisition Management has the overall responsibility for administration of the SNA Transportation Contract. The CO, without right of delegation, is the only authorized individual to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. The CO for this contract is:

Name: Rose Arenas Email: OAQDCRSW@ICE.DHS.GOV

G.2.2 Minimum Contractor Key Personnel

Contractor’s Program Manager (PM)

The PM shall be responsible for comprehensive account support for the SNA Transportation contract, and act as the central point of contact with the Government for all contract issues. The PM will represent the Contractor at all post-award meetings.

A chronological summons log will be maintained by the PM indicating disposition of the transportation and stationary services. The chronological summons log will be made available to the Government upon request.

Transportation Coordinator (TC)

The TC is responsible for transportation management operations, and ensure all contractor personnel perform their duties in accordance with PBNDS 2011. The TC will ensure for the safety and accountability of all detainees, and be responsible for all documentation that can be made available to the Government at the Government’s request. The TC will be responsible for the contractor vehicles assigned to this contract.

Corporate Security Officer (CSO)

The CSO is responsible for managing the contractor employee background clearance process, to insure that every contracted personnel assigned are in full compliance to all rules, regulations, of the contract requirement.

G.3 ORDERING

The Government will order any supplies and services to be furnished under this contract by issuing TOs on Optional Form 347, from the effective date of the contract through the expiration date of the contract. OAQ will be responsible for the issuance, administration, payment and closeout of each order. All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract shall prevail. Under no circumstances, will a TO change the terms and conditions of the SNA Transportation contract.

Should the Government require such a change, the CO will make this change via a modification.

G.4 UNAUTHORIZED WORK

The Contractor is not authorized at any time to commence TO performance prior to issuance of a signed TO or other written approval provided by the CO to begin work.

mailto:OAQDCRSW@ICE.DHS.GOV

G.5 UNILATERAL ORDERS

TOs under this contract will be issued unilaterally. If the parties fail to agree, the CO may require the Contractor to perform and any disagreement shall be deemed a dispute within the meaning of the "Disputes" clause.

G.6 MODIFICATION OF ORDERS

Pricing for each TO may not be changed except when authorized by a modification to the TO.

G.7 INVOICING INSTRUCTIONS

Service Providers/Contractors shall use these procedures when submitting an invoice.

1. Invoice Submission: Invoices shall be submitted in a “.pdf” format in accordance with the contract terms and conditions on a monthly basis via email, United States Postal Service (USPS) or facsimile as follows:

a) Email:

• Invoice.Consolidation@ice.dhs.gov

• Contracting Officer Representative (COR) or Government Point of Contact

(GPOC)

• Contract Specialist/Contracting Officer

Each email shall contain only (1) invoice and the invoice number shall be indicated on the subject line of the email.

b) USPS:

DHS, ICE

Financial Operations - Burlington P.O. Box 1620 Williston, VT 05495-1620

ATTN: ICE/ERO/FOD/FAO

The Contractors Data Universal Numbering System (DUNS) Number must be registered and active in the System for Award Management (SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met. The ICE program office identified in the task order/contract shall also be notated on every invoice.

c) Facsimile:

Alternative Invoices shall be submitted to: (802)-288-7658 Submissions by facsimile shall include a cover sheet, point of contact and the number of total pages.

Note: the Service Providers or Contractors Dunn and Bradstreet (D&B) DUNS Number must be registered in the System for Award Management (SAM) at https://www.sam.gov prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met. The ICE program office identified in the task order/contract shall also be notated on every invoice.

2. Content of Invoices: Each invoice shall contain the following information in accordance with 52.212-4 (g), as applicable:

(i). Name and address of the Service Provider/Contractor. Note: the name, address and DUNS number on the invoice MUST match the information in both the Contract/Agreement and the information in the SAM. If payment is remitted to another entity, the name, address and DUNS information of that entity must also be provided which will require Government verification before payment can be processed;

(ii). Dunn and Bradstreet (D&B) DUNS Number;

(iii). Invoice date and invoice number;

(iv). Agreement/Contract number, contract line item number and, if applicable, the order number;

(v). Description, quantity, unit of measure, unit price, extended price and period of performance of the items or services delivered;

(vi). If applicable, shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vii). Terms of any discount for prompt payment offered;

(viii). Remit to Address;

(ix). Name, title, and phone number of person to resolve invoicing issues;

(x). ICE program office designated on order/contract/agreement and (xi). Mark invoice as “Interim” (Ongoing performance and additional billing expected) and “Final” (performance complete and no additional billing) (xii). Electronic Funds Transfer (EFT) banking information in accordance with 52.232- 33 Payment by Electronic Funds Transfer – System for Award Management or 52-232- 34, Payment by Electronic Funds Transfer – Other than System for Award Management.

3. Invoice Supporting Documentation. To ensure payment, the vendor must submit supporting documentation which provides substantiation for the invoiced costs to the Contracting Officer Representative (COR) or Point of Contact (POC) identified in the contract. Invoice charges must align with the contract CLINs. Supporting documentation is required when guaranteed minimums are exceeded and when allowable costs are incurred. Details are as follows:

(i). Guaranteed Minimums. If a guaranteed minimum is not exceeded on a CLIN(s) for the invoice period, no supporting documentation is required. When a guaranteed minimum is exceeded on a CLIN (s) for the invoice period, the Contractor is required to submit invoice supporting documentation for all detention services provided during the invoice period which provides the information described below:

a. Detention Bed Space Services

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

(ii). Allowable Incurred Cost. Fixed Unit Price Items (items for allowable incurred costs, such as transportation services, stationary guard or escort services, transportation mileage or other Minor Charges such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the costs and/or reflecting the established price in the contract and shall be submitted in .pdf format:

a. Detention Bed Space Services. For detention bed space CLINs without a GM, the supporting documentation must include:

• Bed day rate;

• Detainees check-in and check-out dates;

• Number of bed days multiplied by the bed day rate;

• Name of each detainee;

• Detainees identification information

b. Transportation Services: For transportation CLINs without a GM, the supporting documentation must include:

• Mileage rate being applied for that invoice;

• Number of miles;

• Transportation routes provided;

• Locations serviced;

• Names of detainees transported;

• Itemized listing of all other charges; and,

• for reimbursable expenses (e.g. travel expenses, special meals, etc.) copies of all receipts.

c. Stationary Guard Services: The itemized monthly invoice shall state:

• The location where the guard services were provided,

• The employee guard names and number of hours being billed,

• The employee guard names and duration of the billing (times and dates), and

• (4) for individual or detainee group escort services only, the name of the detainee(s) that was/were escorted.

d. Other Direct Charges (e.g. VTC support, transportation meals/sack lunches, volunteer detainee wages, etc.):

1) The invoice shall include appropriate supporting documentation for any direct charge billed for reimbursement. For charges for detainee support items (e.g. meals, wages, etc.), the supporting documentation should include the name of the detainee(s) supported and the date(s) and amount(s) of support.

(iii) Firm Fixed-Price CLINs. Supporting documentation is not required for charges for FFP CLINs.

4. Safeguarding Information: As a contractor or vendor conducting business with Immigration and Customs Enforcement (ICE), you are required to comply with DHS Policy regarding the safeguarding of Sensitive Personally Identifiable Information (PII). Sensitive PII is information that identifies an individual, including an alien, and could result in harm, embarrassment, inconvenience or unfairness. Examples of Sensitive PII include information such as: Social Security Numbers, Alien Registration Numbers (A-Numbers), or combinations of information such as the individuals name or other unique identifier and full date of birth, citizenship, or immigration status.

As part of your obligation to safeguard information, the follow precautions are required:

(i) Email supporting documents containing Sensitive PII in an encrypted attachment with password sent separately to the Contracting Officer Representative assigned to the contract.

(ii) Never leave paper documents containing Sensitive PII unattended and unsecure.

When not in use, these documents will be locked in drawers, cabinets, desks, etc. so the information is not accessible to those without a need to know.

(iii) Use shredders when discarding paper documents containing Sensitive PII.

(iv) Refer to the DHS Handbook for Safeguarding Sensitive Personally Identifiable

Information (March 2012) found at http://www.dhs.gov/xlibrary/assets/privacy/dhs-privacy-safeguardingsensitivepiihandbook-march2012.pdf for more information on and/or examples of Sensitive PII.

5. Invoice Inquiries. If you have questions regarding payment, please contact ICE Financial Operations at 1-877-491-6521 or by e-mail at OCFO.CustomerService@ice.dhs.gov.

(End of Section G)

SECTION H – SPECIAL CONTRACTING REQUIREMENTS

H.1 MAXIMUM CONTRACT LIMITATION

Maximum: The maximum limit of the contractor’s obligation to deliver and the Government’s obligation to order is $165,000,000.

H.2 TRAINING

The Government will not allow costs, nor reimburse costs associated with the Contractor training employees in an effort to attain and/or maintain minimum personnel qualification requirements of this contract. Attendance at workshops or a symposium is considered training for purposes of this clause.

H.3 GENERAL PURPOSE OFFICE EQUIPMENT (GPOE) AND Information Technology

(IT)

The cost of acquisition of General Purpose Office Equipment (GPOE) and IT shall not be allowable as direct charges to this contract. The Contractor is expected to have the necessary facilities to perform the requirements of this contract, including any necessary GPOE and IT.

GPOE means equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc. “IT” means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, movement, control, display, switching, interchange, transmission, or reception of data or information. IT includes computers, ancillary equipment, software, firmware and similar products, services (including support services), and related resources.

H.4 PERFORMANCE-BASED SERVICES CONTRACTING (PBSC)

Through the direction of the Office of Management and Budget (OMB), Office of Federal Procurement Policy (OFPP), performance-based contracting techniques will be applied to task orders issued under this contract to the “maximum extent practicable.” For information about PBSC, refer to OFPP’s Best Practices Handbook located at www.whitehouse.gov/omb.

PBSC task orders must include at a minimum:

(a) Performance requirements that define the work in measurable, mission-related terms;

(b) Performance standards (i.e., quality, quantity, timeliness) tied to the performance requirements; and

(c) A Government Quality Assurance Surveillance Plan (QASP) or other suitable plan that describes how the Contractor’s performance will be measured against the performance standards or service level agreements (SLAs).

H.5 DISCLOSURE OF INFORMATION – OFFICIAL USE…