Amendment 5 - Amended TABSS RFP

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NO.

HSCG23-11-R-TABS00

6. SOLICITATION ISSUE DATE

3 December 2010

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Nathan Dolezal, Contract Specialist

b. TELEPHONE NO. (No collect calls)

202-475-3706

8. OFFER DUE DATE/LOCAL TIME

2 March 2011 at 3 PM EST

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

USCG Headquarters (CG-9123)

2100 2nd Street Southwest (SW)

Suite 1100

Washington DC 20593-0001

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UNRESTRICTED OR

See Section B4

NAICS: 541611

SIZE STD: $7.0 million

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SET ASIDE: See Section B4__% FOR

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SMALL BUSINESS

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HUBZONE SMALL BUSINESS

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SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

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EMERGING SMALL BUSINESS

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8(A)

11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

Net 30

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13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

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SEE SCHEDULE

14. METHOD OF SOLICITATION

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RFQ

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IFB

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RFP

15. DELIVER TO

16. ADMINISTERED BY

See Schedule

USCG Headquarters (CG-9123)

2100 2nd Street Southwest (SW)

Suite 1100

Washington DC 20593-0001

17a. CONTRACTOR/

OFFEROR

FACILITY

18a. PAYMENT WILL BE MADE BY

DUNS:

TIN:

TELEPHONE NO.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

25. ACCOUNTING AND APPROPRIATION DATA

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

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

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29. AWARD OF CONTRACT: REF. _____________ OFFER DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30b. NAME AND TITLE OF SIGNER (TYPE or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

Lance Nyman 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

Section B – Supplies or Services and Prices / Costs

B-1 General

The Technical, Acquisition and Business Support Services (TABSS) is a Multiple Award, Indefinite-Delivery, Indefinite-Quantity contract to provide a wide range of strategically sourced support services for the Department of Homeland Security (DHS) and its components as described in Section C. The Contractor shall provide, in accordance with issued Task Orders (TOs), all management, supervision, labor, and materials necessary to perform these support services on an Indefinite-Delivery, Indefinite-Quantity (IDIQ) basis.

TABSS will be a centrally managed and decentrally executed contract. Each DHS component will be able to issue and administer their own task orders against the TABSS IDIQ contracts. The TABSS IDIQ contracts will be issued and administered by the United States Coast Guard (USCG) as the executive agent.

B-2 Ordering Period

The term of the TABSS contract is a five (5) year base ordering period. This is not a multi-year contract as defined in FAR Part 17.103. For more details, see Section F.

B-3 Scope

TABSS support services are categorized into three domains: (1) Program Management, Engineering and Technology Support Services, (2) Business Management, Financial Management and Audit Support Services and (3) Contract Management Support Services. These domains comprise the acquisition life cycle services necessary to meet a wide-range of departmental requirements. The resulting contracts will contain one or more of the following line items using the corresponding contract types:

The three functional domains will provide DHS with the support services necessary to implement both component-wide and program-specific requirements. The contract vehicle contemplated hereunder is intended to cover a broad range of potential program and project requirements, but will not preclude the use of other vehicles and contracts to meet specific needs.

None of the services to be provided under the contract entail activities that require either the exercise of discretion in applying Government authority or the making of value judgments or decisions for the Government.

This is a commercial item acquisition in accordance with FAR Part 12, “Acquisition of Commercial Items.” The services to be provided under the contract are considered commercial as defined by FAR 2.101. The types of services described in Section C are customarily used by non-governmental entities for purposes other than government purposes.

B-4 Competition

This acquisition incorporates both unrestricted and set aside Tracks. With regard to the set-aside tracks, all prime contractors in these tracks must meet the small business size standard of $7 million under the North American Industry Classification System (NAICS) code 541611, “Administrative Management and General Management Consulting Services.” The Tracks under each respective requirements Domain are as follows:

Program Management, Engineering and Technology Support Services Domain

· Unrestricted Track – unrestricted competition

· Small Business Set-Aside Track – competition restricted to Small Business concerns

· 8(a) Set-Aside Track – competition restricted to firms certified as 8(a) by the Small Business Administration Business Management, Financial Management and Audit Support Services Domain

· Unrestricted Track – unrestricted competition

· Small Business Set-Aside Track – competition restricted to Small Business concerns

· SDVOSB Set-Aside Track – competition restricted to firms self-certified as Service Disabled Veteran-Owned Small Businesses (SDVOSB) Contract Management Support Services Domain

· 8(a) Set-Aside Track – competition restricted to firms certified as 8(a) by the Small Business Administration

B-5 Ceiling Rates

The labor and indirect rates applicable to this contract are ceiling rates. Nothing precludes the contractor from proposing lower rates in response to a given task order solicitation in order to increase the competitiveness of its task order proposal. Were the contractor subsequently selected for task order award, the lower rates would be incorporated into the salient task order.

The IDIQ-level ceiling rates may be adjusted upward at the task order level if a task order requires performance outside the continental United States (OCONUS) or by classified personnel. However, the adjustment will apply only to personnel working OCONUS on the task order or those personnel performing classified work on the task order.

Some task orders may require subject matter expertise that does not correspond to the labor categories included in this contract. Accordingly, if permitted by the task order solicitation, the contractor may propose appropriate labor categories and labor rates necessary to meet the requirements of the solicitation despite their not being included in this contract.

B-6 Total Cost of Ownership Pricing

Individual task orders may require the Contractor to restructure its price proposal to provide for the total cost of ownership. For example, instead of, or in addition to, providing a price proposal based on fixed hourly rates, specific task orders may require pricing on a per seat/workstation, usage rates, or other similar bases to determine the total life cycle cost.

B-7 Discounts and Cost Reductions

DHS has a goal to acquire contractor support services under this contract at substantially lower prices than would be expected if awarded under separately priced contracts such as GSA Federal Supply Schedules.

Additionally, due to the potential business volume associated with the TABSS contract, DHS will be seeking price discounts at the task order level lower than prices at the IDIQ level.

(End of Section B) Section C – Description/Specifications/Statement of Work C-1 General

C-1.1 Objective

The primary goal of this acquisition is to establish a Department-Wide IDIQ Multiple Award Contract vehicle for DHS to provide technical, acquisition, and business support services. The resulting multiple award contracts will be collectively referred to as TABSS (Technical, Acquisition and Business Support Services).

These contracts provide DHS with the broad technical, acquisition, and business support services needed to assist with the cross-organizational mission of protecting the homeland, deterring crime, detecting and countering terrorism, and myriad other responsibilities.

The technical, acquisition and business support services can be categorized into three domains: (1) Program Management, Engineering and Technology Support Services, (2) Business Management, Financial Management and Audit Support Services and (3) Contract Management Support Services.

C-1.2 Scope

The Contractor shall provide technical, acquisition and business support services as described in the relevant domain to meet the mission needs of DHS. As identified in individual task orders, the services provided under TABSS will support DHS on a worldwide basis. The Contractor shall furnish the necessary personnel, materials, equipment, facilities, travel, and other services required to satisfy the task order requirements. While the Statement of Work (SOW) identifies three domains, the scope of each IDIQ contract will be based upon the one domain for which the Contractor submits a proposal, if selected for award.

For purposes of the TABSS contract, “Acquisition” is defined as all elements of the life cycle of a program and begins with planning to satisfy mission need before the program officially begins. The acquisition life cycle process takes the program from initiation, through research, development, production, deployment, operations and program management support, upgrade, and finally disposal. “Acquisition” as used in this solicitation is not synonymous with “Procurement”.

None of the services to be provided under this contract entail activities that require the contractor to exercise discretion in applying Government authority or make value judgments or decisions for the Government.

The acquisition support services required under TABSS occur throughout all of the lifecycle stages of DHS Acquisition Lifecycle Framework:

(1) Need

(2) Analyze/Select

(3) Obtain

(4) Produce/Deploy/Support

C-2 Domains

C-2.1 Program Management, Engineering and Technology Support Services (Domain 1) The Program Management, Engineering and Technology Support Services domain shall support a wide range of Acquisition program lifecycle related services, including support for planning and administering programs and projects within the program office infrastructure; and design, development, utilization, and other activities for assets, processes, and systems improved by or related to engineering and technology.

The support services to be provided under this domain include, but are not limited to, the following:

· Acquisition Program Management Support

· Business Process Reengineering Support

· Capital Planning Support

· Certification and Accreditation Support

· Communications & Public Affairs Support

· Configuration Management Support

· Earned Value Management Support

· Engineering Services Support

· Enterprise Architecture and Program Planning Support

· Enterprise Resource Management Support

· External Coordination Support

· Freedom of Information Act (FOIA) Support

· Information System (IS) Development, Information Assurance (IA) and Information Technology (IT) Support

· International Programs Support

· Interoperability Support

· Lifecycle Cost Estimating Support

· Logistics Support, including training

· Market Assessments Support

· Modeling and Simulation Support

· Organizational Assessment Support

· Performance Management Support

· Program Analysis and Reporting Support

· Program Tracking and Guidance Support

· Programmatic, Engineering, Technical, and Acquisition Systems Support

· Quality Assurance / Management Support

· Reliability, Maintainability, and Availability (RM&A) Support

· Research and Development Support

· Risk Management Support

· Security, Contingency, and Safety Planning Support

· Software Engineering, Development, Programming and Network Support

· Statements of Work (SOW), Statements of Objectives (SOO) and Performance Work Statements (PWS) Support

· Studies and Analyses related to Program Management, Engineering and Technical Services

· Strategic and Tactical Planning, Alignment, Integration, and Analysis Support

· Systems Design Documentation and Technical Data Support

· Systems Engineering Support, e.g., C4ISR

· Technology Research & Technical Feasibility Support

· Test and Evaluation Support / Trials Support

· Transition / Change Management Support

· Workforce Management and Training Support C-2.2 Business Management, Financial Management and Audit Support Services (Domain 2)

The Business Management, Financial Management, and Audit Support Services domain shall support a wide range of Acquisition program-wide and project-specific inter-disciplinary financial practices, business oriented concepts, and audit related activities required to conform to internal DHS and DHS component policy, guidelines and procedures for expenditure planning, programming, execution, and reporting related to the program management office.

The support services to be provided under this domain include, but are not limited to, the following:

· Analytics / Web-based Reporting Support

· Budget Execution Support

· Budgeting and Programming Support

· Business and Financial Management Support, including Audit and Systems Support

· Business Case Development Support

· Business Intelligence Support

· Capital Planning Support

· Lifecycle Cost Estimating and Analysis Support

· Data Integration Support

· DHS Project Reporting Support

· Earned Value Management Support

· Financial Management, Execution, Validation, and Reporting Support

· Internal Controls Support

· Lifecycle Cost Estimating Support

· Strategic, Operational, and Transactional Metric Development Support

· Studies and Analyses related to Business, Financial Management, and Audit Services, including Cost Benefit Analyses C-2.3 Contract Management Support Services (Domain 3)

The Contract Management Support Services domain shall support a wide range of contract management and administration requirements of the DHS components for many different types of acquisitions and procurements.

The support services to be provided under this domain include, but are not limited to the following:

· Contract Administration Support

· Contract Close-out Support

· Contract Documentation Support

· Contracting and Acquisition Systems Support

· Cost / Pricing and Cost / Benefit Analysis Support

· Data Validation and Tracking Support

· FOIA Request Support

· Invoice Processing Support

· Market Research Support

· Post-award Conference Support

· Pre-solicitation Support

· Preparation and Assembly of Contract Files Support

· Preparation and Submission of Correspondence Support

· Preparation and Submission of Updates to Contract Status Reports Support

· Protest Support

· Record and File Management Support

· Studies and Analyses Related to Contract Management

· Technical, Business, and Cost Proposal Evaluation Support

C-3 Contract and Task Order Management Contract and TO management is a mandatory element of all TOs issued under the TABSS contract. The objective of contract and TO management is to provide the necessary program management, project control and contract administration required to manage a high volume, multiple contract type TO process--ensuring that cost, schedule and quality requirements of each order are tracked, communicated to the Government, and ultimately attained. The use of commercially available automated tools, process expertise and other metrics supporting task order management are encouraged to provide quicker access, improved accuracy and enhanced accessibility. Additionally, these will promote timely monitoring of status/deliverables, facilitate tracking of the quality of work products, and assist with gauging overall customer satisfaction.

These requirements entail (1) contractor participation in semi-annual contract-level program reviews with the Government, (2) contractor submission of monthly task order activity reports (see paragraph F-6 below), (3) contractor submission of annual small business compliance report (as applicable, see paragraph F-8 below) and (4) periodic data calls.

(End of Section C) 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.

Specific requirements may be addressed in individual Task Orders.

D-2 Markings

All task order deliverables shall be submitted to the Task Order (TO) Contracting Officer (CO) and the Task Order Contracting Officer’s Technical Representative (TO COTR) and shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract number;

(b) Task order number;

(c) Name and address of the consignor;

(d) Name and address of the consignee;

(e) Description of the item/material shipped, including item number, quantity, number of containers, and package number; and

(f) Government bill of lading number covering the shipment (if any).

NOTE: Failure to mark all packages boxes, etc. as indicated above may result in return of the shipment at the contractor’s expense.

D-3 Data Packaging Language

All unclassified data shall be prepared for shipment in accordance with best commercial practice and the language in section D-2.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M dated 28 February 2006.

D-4 Equipment Removal

All Contractor-owned equipment, accessories, and devices located on Government property shall be removed from Government premises by the Contractor, at the Contractor’s expense, within thirty (30) calendar days after contract expiration, or as mutually agreed, in writing, by the Government and the Contractor. Specific requirements will be addressed at the TO level.

(End of Section D)

Section E – Inspection and Acceptance

E-1 Clauses Incorporated by Reference

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 Contracting Officer will make their full text available. Also, the full text can be accessed electronically at the following Internet address: http://www.acquisition.gov/far.

E-2 Inspection and Acceptance

Inspection and acceptance of all work and services performed under each TO will be in accordance with the FAR clauses incorporated at Section E-1, “Clauses Incorporated by Reference,” as applicable.

Final acceptance of all deliverables and/or services performed as specified under each task order will be made in writing, at destination, by the TO COTR, or as detailed in individual TOs.

IDIQ deliverables are to be provided to the Government per the instructions in paragraph F-6 and F-8. Acceptance will be made in writing by the IDIQ COTR.

E-3 Scope of Inspection

All task order deliverables will be inspected for content, completeness, accuracy, and conformance to task order requirements by the DHS Component TO COTR as detailed in individual Task Orders. Inspection may include validation of information or software through the use of automated tools and/or testing of the task order deliverables, as specified in the task orders. The scope and nature of this testing must be negotiated prior to task orders issuance and will be sufficiently comprehensive to ensure the completeness, quality, and adequacy of all deliverables.

The Government may take up to thirty (30) calendar days after receipt of final task order or IDIQ deliverable items for inspection and acceptance or rejection unless otherwise specified in the task order or contract.

E-4 Inspection, Acceptance, and Receiving Report

An inspection, acceptance and receiving report shall be signed by an authorized government representative to evidence receipt, inspection, and acceptance. The report shall be completed at the place(s) specified in the contract for Government receipt and acceptance. DHS Form 700-21, “Material Inspection and Receiving Report,” may be used for this purpose. Other commercial forms / formats are acceptable if they contain the:

1. Date,

2. Contract number,

3. Task Order number,

4. Contractor’s Name,

5. Date items received or date of recurring payment due,

6. Location where the items were delivered or contractor’s performance,

7. Verification that all the requirements have been inspected, received and accepted and meet the terms and conditions of the contract except as noted,

8. List of the requirements that were not accepted and / or the deductions made and the reasons why

9. Total amount of deductions,

10. Signature of authorized government representative,

11. Title of authorized government representative, and

12. Date signed.

DHS inspection and acceptance of services, reports, and other required deliverables or outputs shall take place at a location established in the task order or at any other location designated by the COTR where the services are performed and reports and deliverables or outputs are produced or submitted. The nominated COTR will be given, in accordance with HSAR 3052.242-72 by the Contracting Officer, the authority to inspect and accept all services, reports, and required deliverables or outputs.

(End of Section E) Section F – Deliveries or Performance F-1 Clauses Incorporated by Reference

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 Contracting Officer will make their full text available. Also, the full text can be accessed electronically at this internet address: http://www.acquisition.gov/far/.

F-2 Period of Performance This contract shall be in effect from date of award until five years thereafter. The specific dates are included in Section I at clause 52.216-18. The performance period will be specified in the TO and may include option periods. Task Orders shall have individual periods of performance set forth in the task order. However, no task order period of performance shall exceed more than one year past the expiration of this contract.

F-3 Place of Performance

The place of performance shall be specified on each task order issued hereunder.

F-4 Delivery Information

Delivery requirements shall be specified on each task order issued hereunder.

F-5 Contractor Notice Regarding Late Delivery In the event the contractor anticipates or encounters difficulty in complying with the contract delivery schedule or date, it shall immediately notify, in writing, the cognizant Task Order Contracting Officer and Task Order COTR. The notice shall give the pertinent details; however such notice shall not be construed as a waiver by the Government of any contract delivery schedule, or of any rights or remedies provided by law or under this contract.

F-6 Contract Status Reporting (Monthly Task Order Report)

The Contractor shall provide a Monthly Task Order Activity Report, which documents the Contractor’s task order awards and modifications received during the period to be reported. The report is due by the 15th calendar day of each month with the activity of the previous month. If there is no activity during the reporting period, a “no activity” report shall be submitted. If the date the report is due falls on a non-business day, the report shall become due the following business day. The Monthly Task Order Activity Report shall be provided in Microsoft Excel format, as specified in Section J, “List of Attachments,” Attachment 9, “Monthly Task Order Activity Report,” in accordance with the instructions and example provided within the spreadsheet. The specified format and corresponding instructions are hereby made part of this contract.

Monthly Task Order Activity Reports shall be provided in electronic format and emailed to the DHS Strategic Sourcing Program Office at SSPO@hq.dhs.gov and the USCG at TABSS@USCG.MIL. The subject line of the email notice presenting the submission of the monthly report shall be annotated with:

[Contractor Name]; Monthly Task Order Activity Report; [month and year] F-7 Transition Planning

This contract vehicle will not contain separate line items for “transition in” and “transition out” services, but these services may be required under any task order issued hereunder. Accordingly, FAR clause 52.237-3, “Continuity of Services,” is incorporated by reference in Section I.

F-8 Annual Small Business Subcontracting Compliance Reporting [Applicable to Small Business, 8(a), and SDVOSB Tracks Only] For firms submitting offers on the 8(a) and small business set-aside tracks of TABSS:

The Contractor shall annually report on its compliance in accordance with FAR 52.219-14, Limitations on Subcontracting. In order to ensure that the required percentage of costs under TABSS small business and 8(a) set-aside TOs is performed by the prime contractor, each small business and 8(a) track prime contractor must demonstrate annually that it has performed the required percentage to that date. FAR 52.219-14 requires that, for total small business and 8(a) set-asides, “at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the [Offeror]” (rather than subcontracted labor). Small business and 8(a) prime contractors shall report annually, on the anniversary of contract award, the total cost of labor on all work performed under set-aside TOs during the 12-month reporting period, and the total subcontracted labor cost during the same period. Thus, for set-aside TOs, the combined total of all set-aside TOs issued during each 12-month period must reflect that the prime contractor has performed at least 50% of costs incurred for personnel using its own employees.

For firms submitting offers on the Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside track of TABSS:

The Contractor shall annually report on its compliance in accordance with FAR 52.219-27(c). In order to ensure that the required percentage of costs under TABSS SDVOSB set-aside TOs is performed by the prime contractor, each SDVOSB track prime contractor must demonstrate annually that it has performed the required percentage to that date. FAR 52.219-27(c) requires that, for SDVOSB set-asides, “at least 50% of the cost of contract performance incurred for personnel shall be expended for employees of the concern or employees of other SDVOSB concerns” (rather than subcontracted labor). SDVOSB prime contractors shall report annually, on the anniversary of contract award, the total cost of labor on all work performed under set-aside TOs during the 12-month reporting period, and the total subcontracted labor cost during the same period. Thus, for SDVOSB set-aside TOs, the combined total of all set-aside TOs issued during each 12-month period must reflect that the prime contractor, along with other SDVOSBs, has performed at least 50% of costs incurred for personnel using its own employees.

The Annual Small Business Subcontracting Compliance Report shall be provided in Microsoft Excel format, as specified in Section J, Attachment 11, “Annual Small Business Subcontracting Compliance Report,” in accordance with the instructions and example provided within the spreadsheet. The specified format and corresponding instructions are hereby made part of the contracts resulting from this solicitation.

The submission of the Annual Small Business Subcontracting Compliance shall be provided in electronic format and emailed to TABSS@USCG.MIL. The report shall be received by the government no later than 3 p.m. Eastern Standard Time 15 calendar days after the annual anniversary of contract award. Should this submission date occur on a non-business day, the report shall be received by the government the next business day.

The subject line of the email notice presenting the submission of the annual report shall be annotated with:

[Contractor Name]; Annual Small Business Subcontracting Compliance Report; [period of performance covered in report] (End of Section F) Section G – Contract Administration Data G-1 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 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-1.1 Government Personnel G-1.1.1 Contracting Officer – IDIQ Contract Level The TABSS Contracting Officer within has the overall responsibility for administration of the TABSS contracts. The TABSS Contracting Officer, without right of delegation, is the only individual authorized 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 Contracting Officer for this contract is:

Name:

[Name and Contact information to be completed at award]

Address:

Email:

Telephone Number:

G-1.1.2 Contracting Officer’s Technical Representative (COTR) – IDIQ Contract Level The COTR has responsibility for receipt and acceptance of the contract-level deliverables and reports and past performance reporting for the TABSS contracts. The COTR supports the Contracting Officer in the general management of the contract. The COTR for this contract is:

Name:

The COTR for this contract will be identified by the Contracting Officer through a written designation. A copy of the letter of designation with specific duties and responsibilities will be provided to Contractors.

G-1.1.3 Alternate COTR – IDIQ Contract Level The alternate COTR shall assist or act for the COTR.

Name:

G-1.1.4 Task Order Contracting Officer (TO Contracting Officer) Only warranted DHS Contracting Officers are authorized to issue and modify any task order, approve changes in any of the requirements, or obligate funds. Notwithstanding any term or condition contained elsewhere in the task order, the authority to modify the task order remains solely with the Task Order Contracting Officer. If the Contractor makes any task order changes at the direction of any person other than the Task Order Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the task order to cover any increases in charges that may result. The Task Order Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing a proposed task order in accordance with its terms and conditions.

Services will be ordered via TOs issued by TO Contracting Officers with the ordering activity of the organization using the ordering procedures set forth in Section G.5.

TO Contracting Officers will be specified in individual task orders.

G-1.1.5 Task Order Contracting Officer’s Technical Representative (TO COTR) TO Contracting Officers may designate COTRs for individual TOs that will be responsible for the day-to-day coordination of the TO.

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

TO COTRs will be specified in individual task orders.

G-1.1.6 Task Order Ombudsman The Task Order Ombudsman (“Ombudsman”) will be responsible for addressing contractor concerns regarding compliance with task and delivery order award procedures. The Ombudsman will review contractor complaints on task and delivery order contracts, ensure all contractors are afforded a fair opportunity to be considered for each task and delivery order consistent with FAR 16.505(b), and when requested, maintain strict confidentiality of the contractor requesting assistance.

NOTE - No protest under FAR Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under this IDIQ contract, except for—

(A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(B) A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR Subpart 33.104.

The Ombudsman would serve to assist in the resolution of complaints that would not fall within the grounds for protest under this vehicle. The Ombudsman responsibilities are to address Contractor concerns regarding compliance with the award procedures for task/delivery orders, review Contractor complaints on task/delivery order contracts, ensure all Contractors are afforded a fair opportunity to be considered for each task/delivery order consistent with FAR 16.505(b), and when requested, maintain strict confidentiality of the Contractor requesting assistance. The Ombudsman shall not participate in the evaluation of proposals submitted on the basic contract, the source selection process on the basic contract, or the adjudication of formal contract disputes arising under the basic contract or any individual order issued under it.

Contractors are instructed to first contact the local activity contract specialist and contracting officer for issue resolution. If the issue is not able to be resolved, the issue would then be elevated to the Ombudsman.

The Government reserves the unilateral right to change the Ombudsman at anytime. Contractors are advised that any information submitted to the Ombudsman to resolve complaints will be treated as a dispute resolution communication (DRC) and considered confidential under the law. To be effective, however, the Ombudsman may need to disclose the DRC to investigate concerns and fulfill the Ombudsman’s responsibility to ensure that all contractors are afforded a fair opportunity to be considered for award. The Contractor therefore hereby authorizes the Ombudsman to disclose to other parties or to nonparties any dispute resolution communication, that in the judgment of the Ombudsman, must be disclosed within Government channels to the extent deemed necessary by the Ombudsman to facilitate understanding of the issue or issues. The Contractor also authorizes the Ombudsman to disclose to other parties or to nonparties any dispute resolution communication that in the judgment of the Ombudsman must be disclosed to prevent or investigate fraud, waste, abuse, criminal activity or imminent physical harm.

The Ombudsman shall not participate in the evaluation of proposals submitted on the basic contract, the source selection process on the basic contract, or the adjudication of formal contract disputes arising under the basic contract or any individual order issued under it.

The Task Order Ombudsman for this contract is the USCG Headquarters Procuring Activity Competition Advocate (Commandant (CG-9131)).

The Ombudsman’s contact information is as follows:

Address: Department of Homeland Security

United States Coast Guard (CG-9131)

Ombudsman Program for Agency Protests

1900 Half Street, SW, Room 11-0602

Washington DC 20593-0001

Phone: The Ombudsman Hotline telephone number is 202-372-3695

FAX: 202-475-3904

G-2 Contractor Personnel Roles and Responsibilities G-2.1 Contractor’s Senior Program Manager The Contractor’s Senior Program Manager shall act as the central point of contact with the Government for all contract-level program-wide technical issues, and will represent the Contractor at all contract-level post-award status meetings. The Senior Program Manager shall be responsible for all contract-level issue resolution, program management, and other contract support including providing comprehensive account support for the TABSS contract. The Senior Program Manager is responsible for overall contract performance. This individual holding this position may perform under individual Task Orders. However, the individual’s performance of contract-level duties shall not be separately billed to the contract or individual task orders.

G-3 Authorized Users

This Multiple Award Contract vehicle will be available for use by DHS, including all DHS components.

G-3.1 Accounting and Appropriation Data Accounting and appropriation data for obligations under this contract will be set forth in individual TOs.

G-4 Task Order (TO) Solicitation Procedures

G-4.1 Fair Opportunity Process Each TO solicitation under TABSS will be issued in accordance with the Fair Opportunity procedures in FAR 16.505 and as supplemented below. The TABSS ordering guide will provide additional guidance and/or templates for the ordering process.

The TO Contracting Officer will solicit proposals from the contractors within the appropriate domain category and track. The TO Contracting Officer will determine the domain and track used for each TO. TO Solicitations may be issued by e-mail, regular mail or facsimile.

Each TO solicitation will include, at a minimum, the following information:

(a) Domain and Track

(b) Ordering Activity Component Name;

(c) Description of the work to be performed;

(d) Instructions for submission of proposals;

(e) Evaluation criteria and relative order of importance (if applicable);

(f) Anticipated Task Order Type;

a. Indefinite-Delivery, Indefinite-Quantity (IDIQ) and Blanket Purchase Agreements (BPAs) are not permissible task order types under the TABSS contract.

(g) Contracting organization Point of Contact (POC); and

(h) Proposal/quotation Due Date.

If unable to perform a requirement, contractors shall submit a “no bid” response to the Task Order Contracting Officer in response to the task order solicitation. All no bid responses shall include a brief justification as to why the contractor is unable to perform (e.g., conflict of interest.) This notification must be submitted to the TO CO within five days of the task order solicitation release.

G-4.1.1 Use of Small Business Set-Asides

(a) Unrestricted Tracks. For task orders issued under the Unrestricted track of any domain, contractors from all tracks within that domain may compete.

(b) Small Business Tracks. For task orders issued under the Small Business track of any domain, contractors from both the Small Business and 8(a) or SDVOSB tracks (as applicable) within that domain may compete.

(c) 8(a) or SDVOSB Tracks. For task orders issued under either the 8(a) or SDVOSB track of any domain, only contractors from that specific track and domain may compete.

G-4.1.2 Socio-Economic Subcontracting Goals for Large Businesses

The Government’s small business goals through subcontracting efforts for large businesses under this contract are as follows:

· Small Business (SB) 40% (including:)

· Small Disadvantaged Businesses (SDB) 5%

· Women-Owned Small Businesses (WOSB) 5%

· Service-Disabled Veteran Owned Small Business (SDVOSB) 3%

· HUBZone 3%

G-4.2 Exceptions to Fair Opportunity

In accordance with the Federal Acquisition Streamlining Act (FASA) and FAR Part 16.505(b), “Orders under Multiple Award Contracts,” the TO Contracting Officer will provide all awardees a “fair opportunity” to be considered for each order in excess of $3,000, unless one of the conditions below applies:

(1) The agency need for such services is so urgent that providing a fair opportunity would result in unacceptable delays.

(2) Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized.

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a task order already issued under this contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee.

Per FAR 16.505, all exceptions to fair opportunity must be documented to support the exception basis. All such exceptions must be reviewed by the TABSS Contracting Officer and approved by a Coast Guard authorized approving official in accordance with Coast Guard Acquisition Procedures 3016.505.

G-5 Unilateral Orders

TOs under this contract will ordinarily be issued after both parties agree on all terms. If the parties fail to agree, the TO Contracting Officer 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 Task Order Pricing Pricing for each TO may not be changed except when authorized by a modification to the TO.

G-7 Submission of Invoices - Payment Instructions

The original invoice shall be submitted to the Task Order Contracting Officer, Task Order Contract Specialist, and Task Order COTR which will be provided at the task order’s time of award. A finance office and other POCs may also be designated in the task order to receive a copy of the invoice.

To constitute a proper invoice, the invoice must include those items cited in Paragraph (g) of FAR 52.212-4, “Contract Terms and Conditions – Commercial Items.”

In addition, the final invoice submitted under each awarded task order, if any, shall be clearly marked and labeled as the final invoice. The final invoice shall be accompanied by a fully completed and signed (by the Contractor) DHS Contractor’s Release form (DHS Form 700-3), which is located at Section J, Attachment 7.

G-8 Contractor Accounting System

For time-and-materials task orders, contractors shall maintain an adequate accounting system to substantiate vouchers (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment and by:

(i) Individual daily job timekeeping records;

(ii) Records that verify the employees meet the qualifications for the labor categories specified in the contract; or

(iii) Other substantiation approved by the Contracting Officer. (FAR 52.212-4(i)(1)(i)(D)).

(End of Section G)

Section H – Special Contract Requirements

H-1 Authorized Users

This Department-Wide Acquisition Contract is available for use by all of DHS, including its components. DHS Component Head(s) of Contracting Activity (HCAs) that use another federal agency to provide contracting support services may delegate, in writing, procurement authority to allow the use of the TABSS contracts on the Component’s behalf. It is the Component’s responsibility to ensure orders are issued in accordance with TABSS and DHS specific requirements.

H-2 Bilateral Modifications

A bilateral modification (supplemental agreement) is a contract modification that is signed by the contractor and the contracting officer. For the purpose of the basic IDIQ multiple award contract only, when a bilateral modification is submitted by the contracting officer to the contractor for signature, the contractor has ten (10) business days to respond to the contracting officer. The contractor’s response may take the form of either signature of the bilateral modification, or notice of rejection of the bilateral modification. Failure to respond within the allotted time period may result in the contractor’s access to task order solicitations and their ability to receive new task orders being adversely affected. The contracting officer will consider no response (within the aforementioned timeframe) to indicate acceptance of the modification and consent to the resultant changes in terms and conditions.

H-3 Personal Services

None of the requirements for any task order issued hereunder shall comprise a Personal Services Contract as defined by FAR 2.101 and 37.104 or entail contractor performance of Inherently Governmental Functions as defined by FAR 2.101.

The Government will neither supervise contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the government assign tasks to or prepare work schedules for individual contractor employees. It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor feels that any actions constitute or are perceived to constitute personal services, it shall be the Contractor’s further responsibility to notify the Task Order Contracting Officer immediately.

H-4 Inherently Governmental Functions

Per FAR Part 7.5 and HSAM Chapter 3002.101, the TABSS Contracting Officer has determined that all work contemplated hereunder is properly scoped so that the Contractor will not perform any inherently governmental functions. The oversight and assessment of contractor performance and contractor compliance with contract requirements, stipulation and management of requirements, program decisions, and acceptance of services delivered by the contractor to the Government are inherently governmental functions and will be performed by government personnel. This oversight and assessment of contractor personnel by Government personnel will ensure contractors are prevented from performing inherently governmental functions.

Further, contractors are advised of the following:

(a) Final determination for all work products, recommendations, and the like is reserved for Government officials;

(b) Contractor personnel who attend meetings, answer Government telephones, or work in situations where their actions could be construed as acts of Government officials shall clearly identify themselves as contractor personnel; and

(c) Suitable marking of all documents or reports produced by contractors is required.

At the task order level, the task order contracting officer will ensure that no inherently governmental functions are assigned to a contractor.

H-5 Travel

Performance of task orders under this contract may require travel. The Contractor will be reimbursed for transportation expenses in accordance with procedures established in the Federal Travel Regulations (FTR). The Contractor shall be reimbursed for actual transportation, lodging, meals, and incidental expenses using the allowable Government personnel rates. Reimbursement for airfare shall not exceed the lowest customary standard, coach, or equivalent airfare offered during normal business. No profit shall be added to costs incurred for travel. The Contractor may add general administrative and/or overhead in accordance with their standard accounting practices, at the rate specified herein (see Attachment J-3). Travel shall not be undertaken or be reimbursable without prior approval of the TO Contracting Officer or TO COTR unless otherwise specified in a Task Order.

(a) When the Contractor expects total funding expended for travel to reach 85 percent of the total funds available for travel on the applicable CLIN, the Contractor shall notify the Task Order Contracting…